Proof of actual debt transfer?

[wilsmith3868746]

Re: Proof of actual debt transfer?

Ok, my understanding was that the deed of assignment was never given over voluntarily, only when it was ordered to do so by a court - and even then they were very heavily redacted. It was a course of action I tried to take following forum advice (as part of a 'try anything' tactic), and was denied on the basis of, I think, the document was 'commercially sensitive' and contained information about other accounts too - not just my own. Tried again quoting the Lord Denning case was but was replied to simply saying that Lord Denning's comments were 'said in passing' and therefore, they weren't required to supply it. Something to that effect anyway.

Back to original subject, 'under the hand of the assigner' - what does that mean in layman terms?

At this stage, I'm just going to try and wear them down any way possible - if needs be, I'll have to sit it out and wait for the six years to lapse. But hey, where's the fun in that?

[nemesis45]

Re: Proof of actual debt transfer?

[QUOTE=wilsmith3868746;687662]Ok, my understanding was that the deed of assignment was never given over voluntarily, only when it was ordered to do so by a court - and even then they were very heavily redacted. It was a course of action I tried to take following forum advice (as part of a 'try anything' tactic), and was denied on the basis of, I think, the document was 'commercially sensitive' and contained information about other accounts too - not just my own. Tried again quoting the Lord Denning case was but was replied to simply saying that Lord Denning's comments were 'said in passing' and therefore, they weren't required to supply it. Something to that effect anyway.

You have got that spot on!!

Signature of the authorised person for the assignor.

nem

Back to original subject, 'under the hand of the assigner' - what does that mean in layman terms?

[wilsmith3868746]

Re: Proof of actual debt transfer?

[QUOTE=nemesis45;687664]

Ok, my understanding was that the deed of assignment was never given over voluntarily, only when it was ordered to do so by a court - and even then they were very heavily redacted. It was a course of action I tried to take following forum advice (as part of a 'try anything' tactic), and was denied on the basis of, I think, the document was 'commercially sensitive' and contained information about other accounts too - not just my own. Tried again quoting the Lord Denning case was but was replied to simply saying that Lord Denning's comments were 'said in passing' and therefore, they weren't required to supply it. Something to that effect anyway.

You have got that spot on!!

Signature of the authorised person for the assignor.

nem

Back to original subject, 'under the hand of the assigner' - what does that mean in layman terms?

Funnily enough, got a text today from a family member saying 1st Credit had sent a trace letter there looking to contact me - I knew they were up to something, hence opening this thread. :rolleyes:

Thinking out loud, and confused by the mountain of paperwork that I've got. Let's say I attack them on the basis of the chain of assignment so to speak - as it seems the easiest link in the chain to potentially break - how do they prove they were legally assigned the debt from 1st Credit (Finance) 4 Ltd prior to its liquidation?

Assuming it requires the signature of the authorised person for the assignor - where would I possibly be looking for that, since I never had any correspondence from 1st Credit (Finance) 4 Ltd?

[Diana M]

Re: Proof of actual debt transfer?

[QUOTE=nemesis45;687350]

As you have stated an LIP will find it difficult if not impossible to gain sight of a DOA Ahem:judgey:

As we deal in the main with LIP's on this forum your points are inapplicable.

When you say my "points are inapplicable" do you mean what I've posted is factually incorrect in law, because I'm happy to challenge you on that issue.

Whether LIPs have the same success rate with court applications as those made by a solicitor then the answer has to be sadly not.

That's why I feel so strongly about Legal Aid cuts.

I would also question your view that solicitors' help is a "luxury" (as you described it) when sometimes it can save someone thousands of pounds and the roof over their head. The cost isn't always as phenomenal as you imply if you look at the LB Compare website.

Diana M

[nemesis45]

Re: Proof of actual debt transfer?

Many of the people who come to LB do so because they have no money to pay for legal advice and no chance of Legal Aid who will help them?

I will agree that the Legal Aid cuts are unfair and morally wrong,

[Diana M]

Re: Proof of actual debt transfer?

You've not yet received a claim.

A lot would depend on who is named as the Claimant on the summons. When debts are assigned multiple times each and every assignment needs to have been valid.

Up until that point (summons issued) everything will be hypothetical, albeit background research is always useful.

You cannot expect a definitive answer your question.

Di

[Diana M]

Re: Proof of actual debt transfer?

Many of the people who come to LB do so because they have no money to pay for legal advice and no chance of Legal Aid who will help them?

1. You and other forum members.

2. Any lawyer who gives their free time to help on the forum.

3. Any law firm who takes on a (Fast Track) case and wins so the other side has to pay the legal costs of the Defendant.

4. Any law firm who takes on a (Fast Track) case on a 'No Win No Fee' basis so they don't pay their own lawyer even if they lose.

Di