Cabot refusing to Provide 'Deed of Assignment' co-op debts

[blondmark]

Of course it is of no consequence whether the Deed of Assignment arrives heavily redacted or what was paid for it. The point of having sight of it is to check through all of the points above to verify whether it is valid. How likely is it, for example, that a director (and not just a manager or head of department) of say HSBC or Barclays actually signed your particular deed, and that his signature was simultaneously witnessed, or alternatively that the Bank's seal was applied to the deed? If it didn't happen, this is just one of the ways to get the claim dismissed. There are plenty of other examples above too.

 

Re. how a company can provide a valid signature on a deed, and without wanting to get too bogged down in detail:

 

Section 44(2)(b) of the Companies Act 2006 allows a company director to sign in the presence of a witness who attests the signature. This is the most straightforward and common way these days.

 

There are more old fashioned alternatives however. A company can affix its common seal. It may also use two directors to sign, or a director plus a secretary, but NB nothing short of a director though.

Edited July 23, 2014 by blondmark

[BRIGADIER2JCS]

Without it, how do you establish that DCA X now owns the debt formerly with CC Y? How do you know they're not chancing their arm?

I can say that in all the years I have dealt with DCAs /debt purchaser I have Never known a debt to been improperly sold.

In any case debts are not sold as individual items but in bulk portfolio lots.

 

 

One of the few things that can be relied upon within the debt collection industry is an NOA, there is no point in a company stating that it has bought a debt if it has not.

The amounts of money involved a too great to allow mistakes or abuse of the debt purchase system.

 

 

As has been said before on this thread the DOA even if supplied on the order of a court will be heavily redacted.

[SWLABR9]

This I willingly grant you. However, couldn't insistence on seeing an assignment deed be used as a delaying tactic, say in a case where the six years were nearly up?

[BRIGADIER2JCS]

This I willingly grant you. However, couldn't insistence on seeing an assignment deed be used as a delaying tactic, say in a case where the six years were nearly up?

This ploy as far as my experience goes has done no good, and in some cases has received rather stern admonishment fro judges in regard to wasting court time.

[filrobbo]

If we have all these Acts that blondmark points out in post 51, way do judges ignore them and tell you that you are wasting the courts time if they are there to protect people.

[Scrapper]

Evening,

 

I said I would never post on this forum again but as blondmark has kindly backed up what I have been saying all along I shall humor you with what Link Financial hav tried to pass of as a deed of assignment.

 

As you will see this agreement between both parties actually took place 10 months before this account was even assigned to them. How can this be when my account was up to date and not in arrears?????

It has no reference to ME whatsoever

Nowhere within the document do it actually state DOA

No amounts that have been blanked out.

Nothing nothing nothing.

 

I could have knocked this up in 5 mins at home.

 

 

I have asked several DCA's for the DOA and apart from Link, not one of them has provided me with what I requested. Each time they tell me only a judge can request this. That may be the case but the law is the law so take me to court and put your cards on the table. Not one of them has had the balls to do it and passed it back to the original OC.

 

The reason they don't want you seeing this document in my opinion, they don't have it or if they do it is full of errors as they buy these accounts up in bulk which would make it invalid.

 

This point has even been highlighted in another forum with regards to Egg and Marlin. All the dates are out and therefore invalid. That's why nobody is being chased.

 

Chase and lose and another can of worms opens which no DCA wants after Rankin.

 

If you want to beat these scumbags you have to try all possible options open to you. These people are not your friends.

 

It makes me so bloody angry when someone on this forum tries something different and everytime they are shot down in bloody flames or left to hang out and dry.

 

It's a game people so play it or just let them walk all over you. Show them whos boss. Take back the control from them. They will soon move onto another poor sod who won't fight back.

[Scrapper]

Oh the one thing I forgot to mention

 

Zara Richards "Attorney" She never has been and never will be unless she's obtained a law degree which she hasn't.

 

She was only the Director of Collections not Attorney.

 

Yet more Bull**** to try and misguide and mislead you. In short "Fraud"

[filrobbo]

All DCA are fraudsters I have been saying this for years, I have reported them oft ,FCA FOS and action fraud, but nothing is done,it's like they turn a blind eye , and they don't give me real explanation as to why the haven't acted on the proof I have give them.

[renegadeimp]

They are only guilty of fraud if you can prove it. Remember, you dont have access to their records, and they arent obliged to provide you with copies. So they can claim that any situation on your account was merely an admin error, and you would find it very hard to prove otherwise.

[filrobbo]

Yes very true, but its like they don't even what to do any thing about the way they intimidate people are send out fake solicitors letters.

[BRIGADIER2JCS]

1. The sale of the debt may well be 10 months prior to anyone Link or any other party contacting you,

the notice of assignment that you would have received would be a later date than the sale.

2. debts are sold in portfolio lots.

3.The does Not have to name the individual debtor.

4. The document posted would appear to be page 1 of a larger document.

5. An "attorney" is in its simplest term " a person appointed to act for another (person/party.).

6. An account can be sold at anytime up to date/not in arrears But may well have not been conducted properly previously hence the creditor off loads before more problems occur.

[blondmark]

So hopefully you'll have analysed the Deed of Assignment posted above and realised firstly that the signatory of this plc did not sign as a director and there is no common seal, so therefore this Deed is invalid. Also, of course, the schedule to this Deed is missing - it just gives the heading 'Schedule' with no schedule listed. This also renders it invalid unless the schedule appears elsewhere, in which case the heading should not appear on the first page. If the schedule does appear elsewhere, it must include the name of the debtor whose debt is being assigned, the amount that was assigned and the date. Otherwise it is a meaningless document leaving the debtor with no way of knowing whether or not the document relates to him at all and, if it does, what the amount of the debt assigned is (this must be accurate). All in all there is sufficient there to have any claim by the Assignee (IDR Finance) dismissed.

 

For the avoidance of doubt, you would not ask for a copy of the Deed of Assignment so you can string matters out, or to satisfy your curiosity about what the debt collector paid for it (typically 5 pence or less in the pound) - this would probably be redacted anyway. No, you would request sight of the Deed of Assignment for the reason Lord Denning ruled that you may:

 

"After receiving the notice [a letter claiming that the debt has been assigned], the debtor will be entitled, of course, to require a sight of the assignment [the Deed of Assignment] so as to be satisfied that it is valid, and that the assignee can give him a good discharge."

 

This important right, which is available to the debtor, with or without a court order, is how you are able to ascertain whether or not you owe the debt collector any of what he's claiming. In the case of the assignment posted above, the debtor can quite safely play Bros' 1988 hit 'I owe you nothing' down the 'phone at them.

Edited July 25, 2014 by blondmark

[BUTTERCUP7]

Hi

I must admit I have used this method and three DCA have run for the hills.

 

I'm searching all over the internet and a lot of different methods work.

 

I'm going to talk to my solicitor and see about this deed thing and denning and will post up what I find out.

 

Thank you to everyone. This is a great site too.

[BUTTERCUP7]

..

[Scrapper]

Hi

I must admit I have used this method and three DCA have run for the hills.

 

I'm searching all over the internet and a lot of different methods work.

 

I'm going to talk to my solicitor and see about this deed thing and denning and will post up what I find out.

 

Thank you to everyone. This is a great site too.

 

I can confirm right now this method does actually work. Two months ago I received confirmation from Cabot that they would be closing my account and removing all entries from my credit file. I would recieve no further correspondence from them. Within 7 days all entries on my credit file were removed like the debt never existed. Thank you very much £9800 gone

 

Thanks as always

 

SC

[BUTTERCUP7]

Hi.

 

Very pleased for you. Did you just ask for the deed like I have or did you ask for other things?

What is fotl?

 

Thank you

[BUTTERCUP7]

P.s. was this a secured debt?

[filrobbo]

well done scrapper another one bites the dust any chance you can post letters you sent or pm me cheers.

[renegadeimp]

Hi.

 

Very pleased for you. Did you just ask for the deed like I have or did you ask for other things?

What is fotl?

 

Thank you

 

You wont see the deed. FOTL means freedom of the land. basically useless junk information in regards to debts. It will get you in MUCH more trouble if you use their advice.

[BUTTERCUP7]

Hi.

 

I think there must be bad feeling between the different sites but I'm only interested in getting help and also helping where I can.

 

 

I have literally got rid of three large so called debts by asking for this information.

 

 

Plus recently my solicitor used exactly that request to get proof of claim from a high court case. We won.

 

 

It was same request but with the headed paper of a solicitor.

 

 

Surely we can all support each other as long as we beat the corruption that is going on.

 

 

Good luck to all.

[renegadeimp]

Not bad feeling. The other site gives very bad advice and more often than not they land you in further trouble then when you ask for more help you get belittled, ignored and banned.

[BUTTERCUP7]

hi again,

 

which site are you referring to? i have looked at a lot of sites and used advice from all the sites with great success and peace of mind.

 

like i said my solicitor used something similar to what they refer to do on the website - [removed]

it was annoying because it cost me £1200

- i think having a solicitors letterhead adds more clout.

 

 

saying that the other 3 dca's backed off by me writing to them with a similar letter.....

 

its weird isn't it - people seem to have success with different routes -

as long as we succeed in protecting ourselves against the terrible deceit that goes on though eh?

 

i wish you the best

Edited December 2, 2014 by HOLLYHOCK5
spelling

[renegadeimp]

We arent allowed to name the site here as it gives them promotion and traffic.

[BUTTERCUP7]

Hi. Have been reading a lot of post about unlawful charges. Please can someone tell me what are unlawful charges and why they are.

 

Thanks

[renegadeimp]

Unlawful charges = anything that is a penalty charge. Or a charge such as passing it to a DCA, or a DCA adding on a charge for no reason.