Debt Diary 2020

[Roger]

My understanding is that when a debt is assigned, the only requirement for the notice of assignment is that it be in writing. There is no particular form it must take.

There are two types of assignment, Legal and Equitable. See this link for further info on the differences.
https://www.scotlanddebt.co.uk/artic...heir%20behalf.

Note that "If a Legal Assignment has been made, part of the purchasing company’s obligations are to inform you of the situation via an official Notice of Assignment, and let you know that payment should be made to themselves rather than your former creditor."

Thank you Still Waving
At this point simply record in your Diary!
Remember Assignment chains can create problems over Legal Rights

[Still Waving]

I've just received a letter confirming a similar email about a month ago. It does specifically state that the account has been 'recently transferred', perhaps someone more qualified than me could comment on whether that qualifies as a true assignment for debt chasing purposes?

My understanding is that when a debt is assigned, the only requirement for the notice of assignment is that it be in writing. There is no particular form it must take.

There are two types of assignment, Legal and Equitable. See this link for further info on the differences.
https://www.scotlanddebt.co.uk/artic...heir%20behalf.

Note that "If a Legal Assignment has been made, part of the purchasing company’s obligations are to inform you of the situation via an official Notice of Assignment, and let you know that payment should be made to themselves rather than your former creditor."

[Night Monkey]

I had that message too, it was in an email with no date of transfer, I'm not sure how that stands legally.

I've just received a letter confirming a similar email about a month ago. It does specifically state that the account has been 'recently transferred', perhaps someone more qualified than me could comment on whether that qualifies as a true assignment for debt chasing purposes?

[Sparkles]

I had that message too, it was in an email with no date of transfer, I'm not sure how that stands legally.

[Colin G Quinn]

Updated main post with PRA Group (Overdraft)

I may be wrong wasn’t a notice of assignment just a switch around by PRA internally? Included data protection act notices for each company and a statement

Hi,

It would be referring to an alleged new assignment and not just a corporate restructure. Both are different legal entities. Hope that helps.

Kind regards,

[Night Monkey]

I may be wrong wasn’t a notice of assignment just a switch around by PRA internally? Included data protection act notices for each company and a statement

Exactly what happened with my PRA account, file it and ignore.

[Roger]

Updated main post with PRA Group (Overdraft)

I may be wrong wasn’t a notice of assignment just a switch around by PRA internally? Included data protection act notices for each company and a statement

All I know is that in the Past PRA came unstuck with what they claimed was a Company Renaming when actually a Assignment was required.

[Pat]

Updated main post with PRA Group (Overdraft)

I may be wrong wasn’t a notice of assignment just a switch around by PRA internally? Included data protection act notices for each company and a statement

I think that is exactly what it is. All debt buyers seem to periodically restructure their businesses , not sure why probably to take account of favourable tax breaks and the like.

[adam92]

Updated main post with PRA Group (Overdraft)

I may be wrong wasn’t a notice of assignment just a switch around by PRA internally? Included data protection act notices for each company and a statement

[The Tech Clerk]

Update for the above - they’ve received my letter and sent a response letter that just says

“We can confirm the amount of XXXX please contact us on 00.. etc”

not even an acknowledgement of the letter contents

Office Jockey 3rd drawer down response, they will not acknowledge letter as Harassment case might show contempt by them. (another Story)

[adam92]

Update for the above - they’ve received my letter and sent a response letter that just says

“We can confirm the amount of XXXX please contact us on 00.. etc”

not even an acknowledgement of the letter contents

[adam92]

Thanks for the help, letter sent

[The Tech Clerk]

could send to both depends on state of action if any they have

[adam92]

our letter are worded as not to set clock, we would not ask you to send them if it did.

Thank you - so I just send this to RC or to both companies?

[The Tech Clerk]

our letter are worded as not to set clock, we would not ask you to send them if it did.