Lack of Notice of Assignment?! Help!!!

hereshoping12345

Hello,

I defaulted on a Virgin Money Credit Card back in 2019. It appears as though the debt was then sold to Arrow Global Limited who are now chasing the debt via DrydensFairfax.

There has been a long string of correspondence informed by these forums (thanks guys) and they have sent me the CCA and the default notice which appear to have been validly sent to me at the time. 

The issue I am having with them at the moment is I do not believe that they sent me a notice of assignment. I know it is a requirement under s36 LPA. I have sent them multiple letters and they have most recently responded by resending a copy of the CCA, default notice and a income/expenditure sheet. 

I have drafted a letter back reiterating my request and stating that they urgently clarify about the notice of assignment. 

In the eventuality that a valid notice of assignment was not sent to me, what recourse do I have? Do I simply say to them the debt is unenforceable? 

Any guidance be it big or small would be appreciated. I have searched on here but I could not find any answers.

MANY THANKS!

sourcrates

There is a reason why you can`t find any answers, as there is no recourse for failing to send a debtor a copy of the notice of assignment.

Its a minor infraction at best, and will have very little effect on anything, it certainly won`t make the debt unenforceable.

Some freemen of the land types are of the belief it renders the debt unenforceable, but in reality that is not the case as the legislation they are relying on dates back to the law of property act 1925, and has nothing to do with the consumer credit act which is the act the debt would be concerned with.

fatbelly

hereshoping12345 

The issue I am having with them at the moment is I do not believe that they sent me a notice of assignment. I know it is a requirement under s36 LPA. I have sent them multiple letters and they have most recently responded by resending a copy of the CCA, default notice and a income/expenditure sheet. 

I have drafted a letter back reiterating my request and stating that they urgently clarify about the notice of assignment. 

Can you explain that in a bit more detail please?

The deed of assignment is regarded as a commercial arrangement between the two parties.

You would have to show where they have infringed the CONC requirements in relation to notifying you

sourcrates

fatbelly said:

hereshoping12345 

The issue I am having with them at the moment is I do not believe that they sent me a notice of assignment. I know it is a requirement under s36 LPA. I have sent them multiple letters and they have most recently responded by resending a copy of the CCA, default notice and a income/expenditure sheet. 

I have drafted a letter back reiterating my request and stating that they urgently clarify about the notice of assignment. 

Can you explain that in a bit more detail please?

The deed of assignment is regarded as a commercial arrangement between the two parties.

You would have to show where they have infringed the CONC requirements in relation to notifying you

FB, The deed of assignment is not sent to the debtor, as its a document that contains the details of numerous 3rd parties, and is retained by the court usually.

The notice of assignment is normally sent to a debtor when there account is sold, I think that is what the OP is complaining about, not receiving their copy.

Bill_Shidding

Hi,

Perhaps this thread OTR may be of assistance, as it deals with the lack of convincing records* by the claimants - PRA group in this failed claim.

*Records being reconstituted agreements and notice/deeds of assignment.

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/concluded-cases/93636-pra-group-uk-limited-v-diana-mayhew-win

Maybe worth a read.

fatbelly

I was aware of the case and Di used to post in this forum a few years ago.

I had forgotten about the assignment angle as it seemed mostly about reconstruction of cca.

Anyway, definitely a case to cite. Also quote CONC 6.5.2, which is a rule

1) Where rights of a lender under a regulated credit agreement are assigned to a firm, that firm must arrange for notice of the assignment to be given to the customer:

1. (a) 

   as soon as reasonably possible; or

2. (b) 

   if, after the assignment, the arrangements for servicing the credit under the agreement do not change as far as the customer is concerned, on or before the first occasion they do.

   [Note: section 82A of CCA]

hereshoping12345

Some freemen of the land types are of the belief it renders the debt unenforceable, but in reality that is not the case as the legislation they are relying on dates back to the law of property act 1925, and has nothing to do with the consumer credit act which is the act the debt would be concerned with.

Yes, I see what you are saying about the law governing the debt but in order for them to bring a claim and enforce the debt, they do need to show assignment under the LPA 1925. Otherwise they would have to bring a claim with the original creditor. 

HOWEVER, noted what you said about it being a minor infraction and it having no real effect. I take your point and I do agree with you in general. 

hereshoping12345

1) Where rights of a lender under a regulated credit agreement are assigned to a firm, that firm must arrange for notice of the assignment to be given to the customer:

1. (a) as soon as reasonably possible; 

So the Court would apply the reasonableness test then. It has been 3.5 years since the debt was assigned so you would hope that a Court would agree that it has not been as soon as reasonably possible?

fatbelly

Yes I think you have an argument.

I noticed in the thread linked to earlier they quoted LPA s136 so you might want to check which section is the right one.