Notice of Assignments

[Pickle]

I need help with clarification on whether it is an obligation for the original creditor to inform the debtor that the debt has been assigned or is a letter/notice from the assignee sufficient ‘after the fact’?

It appears to my (non-legal) mind that according to the Law of Property Act 1925 section 136 (Law of Property Act 1925) that the Assignor should have given me notice of the legal assignment and that according to section 196 (Law of Property Act 1925) that any notice (if served in writing) should be in a registered letter (assume that now it would mean by any ‘signed for’ delivery). I assume that credit agreements may contain small print that varies the Act’s prescribed method of service.

In response to my CCA request for a true copy of the Notice of Assignment (along with the other bits) I got a response from an assignor stating that as they’ve sent a Letter of Assignment they’ve fulfilled their legal obligations by supplying me with a copy letter from them (the assignee/DCA) to me. But it appears to me that from sections 136 and 196 of LPA 1925 that it was the duty of the original creditor (assignor) to inform me of the assignment with a prescribed method of service. As a current assignee would not be the creditor until after the assignment and that it is the duty of the creditor to give notice of the legal assignment then surely they would have not assumed the duty of creditor in saying a Notice of Assignment was issued.

If my thinking is correct the assignee didn’t even have a legal obligation to inform me of the assignment but the assignor (original creditor) did, so their waffle about their legal obligation under the Law of Property Act 1925 is just, well, waffle. It is however the assignees duty to supply me with proof that the original creditor gave me notice of assignment.

Am I barking up the wrong tree or just barking mad?
BTW the ‘copy’ of the assignment notice is dated the same date as the letter containing the said notice (April 2013 although the account was apparently assigned in April 2009) and both the letter and the ‘copy’ Notice of Assignment bear the same name albeit different signatures. False representation or what?

Any help in untangling a very tangled mind would be appreciated.

[Never-In-Doubt]

Re: Notice of Assignments

And what reason are you arguing assignor? What benefit is it unless they're taking legal action?

Point is if they've messed up with assignment you'd use that AGAINST them during proceedings. You'd not argue now cos then they can correct it and serve papers.

Be careful what you do and argue.

[Pickle]

Re: Notice of Assignments

Yes Niddy, they've issued a Statutory Demand which I've applied to have set aside. This is for an alleged debt where the DCA quote an unknown (to me) account number. I sent a CCA request to them when the SD was delivered and got a reply back saying it may take longer than the 12 days to get the agreement from the original creditor but they will advise me further if it takes longer. They enclosed the untrue copy of a "Letter of Assignment'. The 12+2 days was up yesterday and no other word from the DCA.

I'm just trying to prepare myself in case the application to set aside the SD is unsuccessful plus as I've got such an organised system going I like my notes to be accurate.

[Never-In-Doubt]

Re: Notice of Assignments

Have you spoken to Paul...? Would you like to?

[Pickle]

Re: Notice of Assignments

I'd love to speak to Paul. In fact I need to speak to a good solicitor about a couple, or three, matters that are old CCJs. I had been hoping that I could get the easy, suspected UE ones out of the way before moving onto these hard to untangle ones whcih would need legal help but this has kind of thrown the spanner in the works.
So:

1. What's the best way of contacting Paul?
2. Is the issue of who should have issued Notice of Assignment complicated?

Thanks for you help again Niddy.

[Never-In-Doubt]

Re: Notice of Assignments

I will refer you to Paul - check your PM's

Paul is pretty clued up on NoA - lets see what he says