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  • #1

    Deed of Assignment

    Hi All

    I have read, admittedly on other forums, that there is value in demanding a copy of the deed of assignment. My current dca has only sent a very poor affair which purports to be a Notice of Assignment.

    Has anyone on here ever requested one? Does it hold any weight in the long run?

    Thanks
    Tags: act, action, admitted, advice, andrew, claim, claims, companies, county, county court, court, date, dca, debt, dlc, documents, fos, friends, hillesden, law, legal, letter, loan, lord, niddy, notice of assignment, phone, poor, problems, property, purchase, stress, templates
  • #2
    Re: Deed of Assignment

    If I remember correctly, you can request but you won't get what you want because the document supplied is almost generic as it shows a group sale with no specifics as to cost etc because it covers hundreds of documents. If you do request it and you get anything you will need to get it checked out because in the past there has been some problems over companies not correctly registered.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Deed of Assignment

      IIRC there is no obligation on them to supply he Deed of Assignment, only the Notice - falls under LoPA 1925.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Deed of Assignment

        I don't know whether they're obliged to send it to you or not but Hillesden sent me their one and then admitted the debt was UE when I faced them with the W F Harrison vs Burke case law where Lord Denning in the Court of Appeal said:

        "The notice of assignment was bad because the date of the assignment was wrongly stated therein and, therefore, the legal right to the debt under the hire-purchase agreement had not been assigned effectually at law within s 136(1)a of the Law of Property Act, 1925."

        and then

        " I should have thought that a notice of assignment ought to state the amount of the debt correctly, because it concerns a transfer of title and the statutory requirements must be strictly complied with. I find myself in agreement with the judgment of the county court judge that the plaintiffs did not prove a right or title in themselves to this debt in accordance with s 136(1) of the Act of 1925, and I think that the appeal must fail"


        http://forums.all-about-debt.co.uk/s...ll=1#post58060

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        • #5
          Re: Deed of Assignment

          Where did you see that? It doesn't really hold too much weight in fairness. But of course if a lender takes action against you and they're not assigned then that's extremely valuable.

          Usually you would request a copy as standard (see our legal guides) as part of CPR31:14 (post claim £10k upwards). For claims under £10k you can request it as part of requesting info to defend the claim. Again it's built into our templates etc as standard.

          i must stress we call it a NOTICE which suffice.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Deed of Assignment

            Interesting. So as I sent the CPR letter last year, which they didn't comply with can I still push to see the deed?

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            • #7
              Re: Deed of Assignment

              Originally posted by Capricorn1601 View Post
              Interesting. So as I sent the CPR letter last year, which they didn't comply with can I still push to see the deed?
              No, as I said it would be the NOTICE of Assignment you could request sight of.
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Deed of Assignment

                Originally posted by PlanB View Post
                I don't know whether they're obliged to send it to you or not but Hillesden sent me their one and then admitted the debt was UE when I faced them with the W F Harrison vs Burke case law where Lord Denning in the Court of Appeal said:

                "The notice of assignment was bad because the date of the assignment was wrongly stated therein and, therefore, the legal right to the debt under the hire-purchase agreement had not been assigned effectually at law within s 136(1)a of the Law of Property Act, 1925."

                and then

                " I should have thought that a notice of assignment ought to state the amount of the debt correctly, because it concerns a transfer of title and the statutory requirements must be strictly complied with. I find myself in agreement with the judgment of the county court judge that the plaintiffs did not prove a right or title in themselves to this debt in accordance with s 136(1) of the Act of 1925, and I think that the appeal must fail"


                http://forums.all-about-debt.co.uk/s...ll=1#post58060
                I think you are probably one of the only people DLC have ever admitted an agreement is UE! well done :P

                On a side note, I think the requesting deed of assignment bit has come from our old friends GOODF, or moreso, White Rabbit of Youtube fame.

                Basically argues that the deed of assignment is what holds the value of the debt. In Theory the original should be held by whoever the debt has been assigned to, although we know this doesn't happen.

                It can be used (in his opinion) to loan against. i.e a book value.

                The argument is, if you request to see it, and they don't have it, they don't lawfully own the debt. I think white rabbit has had the FOS admit this on the phone in some video clips, and he has tried to argue it in court, how far hes gotten with it, not very far.

                I personally think, you don't want to go down the avenue, because you will get unstuck. Best to stick to Niddy's advice.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Deed of Assignment

                  Thanks All

                  I was just wanting to know all your thoughts before exploring that avenue. To be honest yes I had looked at GOODF but I couldnt understand the logic behind some of their arguments, and it felt wrong.As Andrew points out on my other thread my case has many issues to be presented which hold firmer ground, and hopefully AK may realise I can be a pain in the arse.

                  Comment

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