B136 restrictions

sourcrates

macca59 said:

Sorry another quick question, how long after requesting proof of “assignment/notification of debt” does the DCA have to give me a response?

As long as they like.

Unless you submit a complaint, in which case its 8 weeks.

macca59

Thanks, I think the lack of payment or further contact from me may speed them up.
 I am done with being hounded !

macca59

So, further to my previous posts I have today received this via email, I have still not had any confirmation from them that they legally own this. I have replied again asking for proof of ownership, should I be doing anything else?

“Thank you for your recent email regarding your HFO Services Limited (MBNA) account. This account was opened on 27/04/2000 and defaulted on 30/03/2006. This account was assigned to Asset Link Capital (no5) Limited on 27/03/2015 and is currently being serviced by ourselves Link Financial Outsourcing Limited. Your balance as of today�s date is � 1935.82.

A County Court Judgement was granted on 04/02/2008 and due to non-payment, this was further enforced by way of a Charging Order against your property on the 09/04/2010. Therefore, legal action was present prior to our assignment. 

Please kindly confirm your intentions regarding the above account.”

RAS

Check you deeds on the Land Registry, costs £3. Any charging order will be listed. Note if the property is a joint tenancy, then it may be difficult for them to enforce, if you check that your conveyancing solicitor understand liability orders.

macca59

sourcrates said:

You may seek to satisfy yourself that the assignment has in fact taken place.
The Court of Appeal has confirmed that this is a valid concern, but that does not give you an automatic right to require sight of the assignment agreement.

The important document is the Deed of Assignment, which sets out the rights assigned by the Assignor.
The Notice of Assignment is simply a communication that there has been an assignment.

The deed is governed by Section 136 of the Law of Property Act 1925. It should be possible to obtain a copy of the deed prior to any action taken in respect of it.

You would perhaps need to obtain legal advice on its validity or otherwise.

Hi again, can someone please clarify, how can I get proof that a DCA actually does have a legal Deed of assignment?

macca59

Sorry to ask so many questions, I am being hounded by DCA’s and need advice.
 I am looking for answers to what happened to People’s Bank of Connecticut, I know they stopped trading, but who took over their business? 
One DCA says they have a Deed of Assignment from them, but I cannot believe this to be true, as I’ve been led to believe that they would have needed to sign this as the original creditor and they no longer exist, is this correct? who can I contact to confirm the status of the account? I think that the account was closed and the DCA has bought this as part of an investment portfolio, but need to confirm.
Any help greatly appreciated.