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  #1  
Old 04-04-2008, 06:42 PM
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Default Assignment :Bullen, Leake and Jacob's Precedents of Pleadings, 12th Ed., page 129

interesting bit here : this is taken from a second appeal in a Ugandan Court link below

http://www.saflii.org/ug/cases/UGSC/2002/21.html

........ "Be that as it may, in the Court of Appeal, the decision was based on arguments revolving around ground two. In connection with that ground, counsel for the present respondents cited to that Court a statement of law and practice from Bullen, Leake and Jacob's Precedents of Pleadings, 12th Ed., page 129 for the proposition that where a plaintiff's claim is based on an absolute assignment all facts necessary to bring the case within the provisions of section 136 of the English Law of Property Act, 1925 must be set out in the statement of claim, namely, that the assignment is absolute and in writing and that notice of assignment was given in writing to the debtor before the commencement of the action"

i have underlined two words here all and absolute :

what exactly is the situation if any if notice of assignment was correctly given is it usual for the judge to allow the claimant to insert the word absolute into the particulars of claim ?????
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Old 04-04-2008, 07:51 PM
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NOW DOES ANYBODY FANCY A HOT INDIAN !!!

note the link to the threads does not work but at the moment the html verion is showing --- BUT it will not be there for ever ----

http://66.102.9.104/search?q=cache:f72pg8SXq7MJ:www.indlaw.com/publicdata/articles/article190.pdf+%22LAW+OF+PROPERTY%22+%22SECTION+13 6%22&hl=en&ct=clnk&cd=27&gl=uk


BELOW is a summary of interesting bits the link compares indian law with english ..............

Assignment under English law on the other hand, is clearly defined under the Law of Property Act, 1925. 20
Section 136 of the act clearly states the provisions for legal assignment of debts and other
legal things in action. It states in unambiguous terms that “Provided certain conditions are complied with, any debt or other legal thing in action may be assigned so as to vest in the assignee the legal right to the same and all the remedies therefore, with power to give a good discharge without the concurrence of the assignor.” The section also states in clear terms the conditions to be complied with:
“(1) The assignment must be in writing under the hand of the assignor, (2) the assignment must be absolute, and not purporting to be by way of charge only; and (3) express notice in writing of the assignment must be given to the debtor, trustee, or other person from whom the assignor would have been entitled to claim the debt or thing in action.” 21
The Indian Law in contracts on the other hand, allows assignment of contracts solely by not prohibiting it.
Both laws are however in agreement over the matter that the liabilities through a contract cannot be assigned. It is only the benefits through, or rights of, enforcing a contract which can be assigned.
In England however, they constitute exceptions to the strict rules regarding assignment of contracts under common law. “Various statutes have from time to time expressly provided for the assignment of particular kinds of contracts in action under definitely circumscribed conditions.”.
“Various statutes have from time to time expressly provided for the assignment of particular kinds of contracts in action under definitely circumscribed conditions.”
24
20 Hailsham, Lord, Halsbury’s Laws of England, Vol. 6, 4th
Edition, Butterworths, London, 1974, p.9
21 s.136(1) of the Law of Property Act, 1925 as given in the Halsbury’s Laws of England, p.9
24
Halsbury’s Laws of England, p. 42

to any new readers remember the consumer credit act overides the law of property .............. remember the definitions of creditor and debtor in section 189 ????? of the ccact

Last edited by FANTASY CHARGES : 04-04-2008 at 07:56 PM.
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Old 04-04-2008, 09:00 PM
tbern123 tbern123 is offline
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I think that this is the most interesting part

1) The assignment must be in writing under the hand of the assignor,

As some will already know certain DCA's have a nasty habit of typing and sending this notice themselves, which I am pretty sure cannot be classed as under the hand of the assignor.....
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Old 04-04-2008, 09:33 PM
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Quote:
Originally Posted by tbern123 View Post
I think that this is the most interesting part

1) The assignment must be in writing under the hand of the assignor,

As some will already know certain DCA's have a nasty habit of typing and sending this notice themselves, which I am pretty sure cannot be classed as under the hand of the assignor.....
YES we wonder if the one in particular DCA (no names mentioned ) knows the difference between an assignor and an assignee.


Thank goodness they don't work in a hospital or else they would be doing a heart transplant from a donee to a donor as well as ineffectual assignments
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Old 04-04-2008, 09:49 PM
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a bit of history here........


14.The effect of section 136 of the Law of Property Act 1925 ("section 136"), which reenacted with some amendments section 25(6) of the Supreme Court of Judicative Act 1873, was to do away with the common law requirement that the assignee of the right to recover the debt or of any other chose in action would have to sue in the assignor's name, provided that the assignment satisfied certain conditions. Section 136, like its statutory predecessor, by its terms preserves the equitable rule that the debtor can rely on any rights of set-off which arose before he had notice of assignment see per Phillips J in Pfeiffer GmbH v Arbuthnot Factors Limited [1988] 1WLR 150 (1623).


15 However, the right of a transferee of the reversion to recover rent is, both in common law and under statute, an incident of the ownership of the reversion see, e.g., per Lord Templeman in City of London Corporation v Fell <A title="Link to BAILII version" href="http://www.bailii.org/cgi-bin/redirect.cgi?path=/uk/cases/UKHL/1993/11.html">[1994] 1 AC 458 at 464B to 465E. It is thus different from the right of an assignee of an ordinary debt or other chose in action. Unlike section 136, neither section 141 nor section 3 incorporate any reference to the right given by the old courts of equity to a debtor in relation to rights of set-off accrued before he had notice of the assignment

http://www.bailii.org/ew/cases/EWCA/Civ/2006/403.html
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Old 04-04-2008, 09:59 PM
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at least link financial acknowledge any assignment is a legal assignment

sadly they drop the word legal in their communications

link to link !!!!

http://www.linkfinancial.eu/uk/debt/questions.html

"How can my debt be sold to another company without my permission?"

"The debt is known as a "chose in action". As the original lender holds the legal right to collect the debt, they also hold the right to assign their rights to Link Financial. Although the lender does not need your permission to do this, Section 136 of the Law of Property Act 1925 requires, in order for there to be a legal assignment, that notice of assignment should be given in writing. Once we have validated your current address, we will send you our Notice of Assignment letter"

ooops another mistake
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