BW Legal for e-on - do I have to pay?

Jenni_D

I may be wrong about the "both parties" observation (I've always thought it was both), but the original creditor must inform the debtor in writing of the assignment. If they don't then there's no assignment and the new "assignee" has no legal right to pursue the debtor.

https://www.scotlanddebt.co.uk/articles/personal-debt/what-is-a-notice-of-assignment
https://www.stevens-bolton.com/site/insights/articles/assigning-debts-and-other-contractual-claims
https://www.investopedia.com/terms/d/debtassignment.asp

user1977

Jenni_D said:

I may be wrong about the "both parties" observation (I've always thought it was both), but the original creditor must inform the debtor in writing of the assignment. If they don't then there's no assignment and the new "assignee" has no legal right to pursue the debtor.

https://www.scotlanddebt.co.uk/articles/personal-debt/what-is-a-notice-of-assignment
https://www.stevens-bolton.com/site/insights/articles/assigning-debts-and-other-contractual-claims
https://www.investopedia.com/terms/d/debtassignment.asp

The first link there says it's the assignee who's expected to give notice - which is what I understood the normal practice to be. And in this case the (alleged) debtors have now been given notice - though obviously they can't be expected to have made payment to the new creditor prior to them knowing of their existence.

All a bit academic though if it wasn't their debt in the first place!

Jenni_D

True re. your last comment.

Re. the first - in this case we don't know what was sent and whether anything was a Notice of Assignment. As far as I am aware the OP hasn't clarified (in spite of being asked).

user1977

Jenni_D said:

in this case we don't know what was sent and whether anything was a Notice of Assignment.

I would treat the assignee's solicitor's letter as being sufficient notice of the assignment.

Jenni_D

I wouldn't - unless it stated that it was an assignment of the debt, and it came from the assignee (creditor) themselves. (On paper with the assignee's letter head)  

BW Legal don't have a good name - just check out the Parking board.  

user1977

Jenni_D said:

I wouldn't - unless it stated that it was an assignment of the debt, and it came from the assignee (creditor) themselves. (On paper with the assignee's letter head)  

Where does it say all of that is necessary?

Jenni_D

I give up - have it your way. 🙄

Nofinway

Jenni_D said:

I wouldn't - unless it stated that it was an assignment of the debt, and it came from the assignee (creditor) themselves. (On paper with the assignee's letter head)  

BW Legal don't have a good name - just check out the Parking board.  

Jenni

A letter from the debt purchaser notifying the debtor they have purchased the debt from xyz lender is sufficient - it doesn't have to be from the original lender.

As you state elswhere though it's academic in this case as it may have been sent in error.