Moorcroft debt recovery Re;CCA request

davek1

weller is ahead of me!!!!


I would suggest re-sending the letter above and make sure it goes recorded delivery as well for proof.

dave

fermi

I was asking this of someone else the other day, but can you tell me where in the CCA74 or subsequent regulations it states that you are entitled to request a "deed of assignment" rather than than just the "notice of assignment" that should be sent when the debt is assigned? Or rather that the creditor is obliged to supply the deed?

S. 77/78 just states:

The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

etc........................

Thanks if you can point me to the correct Section or later Regulation/Rules.

EDIT: Sorry to divert the thread slightly, but it's annoying me that I can't find it.

moonlightpjs

I cant seem to find it either Fermi - anywhere and I've looked high and low but so far *fingers crossed* no DCA or OC has pulled me up on it I've even had a deed of assignemnet sent to me.

Off for another scout around..........................................

fermi

weller711 wrote: »

I cant seem to find it either Fermi - anywhere and I've looked high and low but so far *fingers crossed* no DCA or OC has pulled me up on it I've even had a deed of assignemnet sent to me.

Off for another scout around..........................................

Thanks weller.

I've had a hunt on CAG with no luck. But just found differing opinions so far. Although hunting for anything to do with CCA's brings up 1000's of hits on CAG.:p

moonlightpjs

Dont know if thhis helps

32.2.4. Assignment of debts

Assignment is a process whereby debts are sold on to another organisation, and is common practice within the industry.

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the OC. The second assigns both the rights and obligations of the assignor to the assignee. However, in order for this to be legally binding you as the debtor would have to give your consent to such an assignment.

moonlightpjs

A deed of assignment would require a format similar to below:

This deed is made on (date) between
(Name of Assignors) of (Address)
(Name of Assignees) of (Address)
Now it is hereby agreed as follows:
1. The assignor is legally and beneficially entitled to (description)
2. The assignor hereby assigns (in consideration for the payment of (amount) receipt of which the assignor hereby acknowledges) all rights and obligations in the interest in (description) to the assignee to hold the same absolute.

This agreement shall be binding upon the parties and their respective successors and and assigns IN WITNESS WHEREOF these presents are executed on the date before written:

The deed would then be signed by the assignor and assignee and a witness for each party with their names and addresses provided and any further description of what the deed entails if required.

melie3

oh bum...
i cant even remember what i wrote derrrrrr
i found a template letter i think on here or CAG website, which i copied:o , feel like a naughty school girl... no rude comments now lol, but i vaguely remember something about assignment??, i handwrote 3 letters, before i found how to do a letter on comp (9yr old has been doing letters at school!!) what a div hey.
so anyway, back to my OP, advice is to ignore ok ok, that i can manage perfectly!! lol
many thanks to all

fermi

Thanks weller. I'd read that about the different types of assignment a while back (I think).

I'm certain that the court can require the actual "deed" to be produced, and also that you may be entitled to request a copy under the 'Civil Procedure Rules' so that you can file a defence once a claim against you has been issued. That's part of proving the debt and rights in court.

It was just the right to request by the debtor and obligation to supply by the creditor/assignee at the same time as a CCA request under S 77/78 was made that I couldn't find anything on.

EDIT: melie3, so sorry to divert this. But it looks like they are playing for time, and won't be able to comply. Sit tight or write weller's letter.

moonlightpjs

19. Form of assignment
The assignment must be in writing under the hand of the assignor in order to be within the Law of Property Act 19251. The
fact that the assignment is also by deed does not take it out of the operation of the Act2. It is thought that signature by an
agent is not sufficient3. Apart from this requirement of writing, no particular form of assigment is required, but, whatever its
form, the document must be one which amounts to an absolute assignment4. A mere statement of an intention to assign is not
sufficient5. A direction6 or order7 by the creditor to the debtor to pay the assignee may be sufficient, as when a promissory
note is indorsed to a particular person and handed over8. An order to pay as expressed in a cheque is not within the Act9, and
a direction to a debtor to pay to a bank all moneys payable to the creditor under an agreement, although expressed to be
irrevocable, does not amount to an assigment ofthe moneys if the bank has not been informed of the arrangement between
creditor and debtor, as the direction, contrary to its terms, is in fact revocable10.



Quote:
20. Notice in writing.
In order that the assignee may obtain the benefit of the Law of Property Act 1925, express notice in writing of the assignment
must be given to the debtor, trustee or other person1 from whom the assignor would have been entitled to claim the debt or
the chose or thing in action2. Where there are joint debtors and covenantors, notice to one who is a bankrupt is unnecessary3.
The notice need not be formal4, and need not be written with the intention that it should perform the function of giving
notice5; but it must be given even though the debtor cannot read6. The assigmentonly operates under the Act as from the
date of the notice7, that is, the date on which it is received by or on behalf of the debtor8. If the debt is released or
extinguished by payment or otherwise before notice is given, there is no transfer under the Act9.
It has been held that if the date of the assignment is wrongly stated the notice is ineffectual10, though if no date is given at all
the notice may be good11. It may also be ineffectual if it does not state the amount of the debt correctly12.
The Act prescribes no limit of time within which the notice must be given13, and a notice given after the death ofthe
assignor14, or after the death of the assignee15, is effectual.
The Act does not prescribe that the notice must be given by any particular person16. Thus it may be given by the personal
representatives of a deceased assignee, even though no notice has been given by him or by the original or any intermediate
assignee17.

moonlightpjs

fermi wrote: »

Thanks weller. I'd read that about the different types of assignment a while back (I think).

I'm certain that the court can require the actual "deed" to be produced, and also that you may be entitled to request a copy under the 'Civil Procedure Rules' so that you can file a defence once a claim against you has been issued. That's part of proving the debt and rights in court.

It was just the right to request by the debtor and obligation to supply by the creditor/assignee at the same time as a CCA request under S 77/78 was made that I couldn't find anything on.

EDIT: melie3, so sorry to divert this. But it looks like they are playing for time, and won't be able to comply. Sit tight or write weller's letter.

On that I am stuck Fermi, doesnt it come under section 79