my name is ***** ***** I will help you with this.
Does your agreement allow to be assigned please?
How much is the Court summons for?
The contract is with SOPACHECK and whilst has no express right of assignment says :
How much is the debt for?
Sorry, the reply came back before I had finished.
The CCA is with Shopacheck and there is no express right of assignment but it says:" WE MAY ALLOW ANOTHER PERSON TO TAKE OVER OUR PART OF THE AGREEMENT . THAT PERSON WILL THEN TAKE OVER ALL RIGHTS & RESPONSIBILITIES UNDER TIS AGREEMENT".
Ok. How much is owing?
It also says "your data may be used ....if we transfer , change or assign this agreement to athird partyor if we use a third paty to manage any aspect of this agreement we will pass your information to them"
The assignee is is not licensed or registered under the CCA -does that matter?
The amount claimed is £425.41 plus costs making a total of £510.41
Have you filed a defence?
What did you raise in the defence?
That I had not received any notice pofd assignment of the debt, but Iam happy to apply to amend my defence if youthink it's worth it
Did you ever receive a notice of assignment?
Ok. Have they sent you a witness statement yet?
Does it exhibit a notice assigning or transferring it?
Ok, but you say you did not get it?\
yes, it's my word against theirs unless section 194(6) LPA is applicable?. That is why I asked that question at the outset
Sorry the relevant section is 196(4)
That is what was pleaded in their claim form?
What was the debt in relation to?
No it is very poorly pleaded. It says " the claim is balance due under an agreement which is now due and payable" There is no mention of the original CCA with shopacheck or the assignment.
OK. What was the original debt for?
As I have already said the debt relates to an agreement under the Consumer Credit Act [CCA]
Ok. Section 196 does not apply
Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F196by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
That states it must be sent registered.
In any event that only applies in relation to land.
This is a debt under the CCA and therefore does NOT apply.
So you have a defence under:
1) CCA they are not registerd
2) They can not plead Section 196
3) Their assignment is not valid
Can I clarify anything about this today please?
You say they can not plead s.196 but in layman's language are you saying that s.196 is applicable in this case so unless they have complied the assignment is not valid?
No, they have not pleaded it in the claim form, therefore can not rely on it
Also, are you saying that if the assignee is not registered /licensed under the CCA they can not sue CCA debt?
Even if they could, its not valid in any event. It is only meant on land.
Indeed if they are not licenced under the CCA its a valid argument to say they can not sue CCA debt
Sorry to be pedantic, are you saying the assignment is not valid because I have not received notice , if that is the case it worries me as it's my word against theirs so , other than that why do you say it's not valid?
1) Its not valid because you didnt get it
2) They cant rely on S.196
3) They are not regulated
4) They did not PLEAD S.196