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CCJ Set aside hearing Monday

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  • #31
    Re: CCJ Set aside hearing Monday

    Found this on another site, and wonder if it applies here.

    Law of Property Act 1925


    Under section 136 of the Law Property Act 1925 (“LPA 1925”) notice of assignment must be given to the other party to a contract (i.e. the borrower) expressly in writing. There is no prescribed time limit for giving notice but the assignment is only legally valid when the borrower receives the notice.


    Until proper notice is given, only an equitable assignment has taken place. An equitable assignment differs from a legal assignment in that where there is a legal assignment the assignee can bring an action (e.g. for recovery of a debt) in its own name against the borrower. On an equitable assignment the assignee would need to join the assignor as a party to the action before an action could be brought against the borrower. Alternatively, notice would have to be served in the correct manner before an action could be brought in the assignee’s name.


    Section 136 LPA 1925 is silent as to how the notice should be served. The default statutory provision is found under section 196 LPA 1925. It provides that if notice is given to the other party by registered letter and is not returned undelivered, it will have been deemed to have been served. This means that whilst notice may be given expressly in writing, it will not be deemed served unless it has been sent by registered post.

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    • #32
      Re: CCJ Set aside hearing Monday

      concentrate on Monda evidence?y

      Comment


      • #33
        Re: CCJ Set aside hearing Monday

        I dont really have any evidence, because I have not seen the claim. the Claimant has refused to send it to me saying I must get it from the court. I asked the local court for it on the 3rd of September and they said they aim to get it to me within 15 working days and still nothing.

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        • #34
          Re: CCJ Set aside hearing Monday

          This means that whilst notice may be given expressly in writing, it will not be deemed served unless it has been sent by registered post.
          Incorrect.
          s196 LoPA states that, if the notice is sent via registered post (which was applicable in 1925) & not returned, service of notice is deemed to be good.
          But if service is via ordinary post it is deemed good service unless it can be proven that service of notice did not/could not have occurred. The onus of proof of 'non-compliant' service would be on the recipient
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

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