Moorcroft debt recovery Re;CCA request

stapeley

weller711 wrote: »

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.

thank you for that ! very interesting . Could make things interesting if taken to court !!!

fermi

weller711 wrote: »

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

79 is just much the same as 77/78, but applied to "Hire Agreements" I think.

And as far as I can tell any "Notice" is not the same as the "Deed" of assignment.

Which seems to be the (perhaps) slightly more reliable opinion on CAG as well.

fermi

I'll keep hunting another day I think, and will let anyone know if I pin it down.

I decided to do some reading on the CCA the other day, and I think I wish I hadn't started.:o:D

Right now a glass of wine sounds a better plan.

melie3: I hope you get things sorted.

moonlightpjs

I'm getting the same impression Fermi but did happen to find this

No matter, if the CCA request asks for teh DOA then who are we to say leave it out - am mightly confused now

Although a Deed of Assignment is not covered by the consumer credit act, It, is covered by the Law Of Property Act.

When a creditor sells a debt to a DCA it must be done properly in the form of a Deed and have at least the minimum information of:

1) name of original creditor

2) new owner

3) Amount of original debt & Amount sold for

4) Date of sale

5) signed by original creditor and signed by new owner.

If the new owner wants to collect the debt through a county court claim, then they would have to provide this Deed of Assignment to the court to prove that they own the debt.

They are also obliged to provide this info to the debtor as part of any pre-action protocols, albeit they would blank out the sale price.

fermi

Ahhhhh..... That confirms part of what I thought since the pre-action protocols are part of the Civil Procedure Rules.

In other words if they actually take you to court you can make them produce it (minus commercially sensitive/private info).

CPR - Practice Directions - Protocols (I think)

stapeley

Could some one please give us the jist of this ASSIGNMENT thing .

stapeley

This seems another the DCA are very lapse on . all I got was a letter saying A sold debt to B . Surely at court this is not enough????