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Assigning debts and other contractual claims - not as easy as first thought

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Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above?  Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

  • In  Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm),  the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
  • In  Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
  • Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch),  the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

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What is an Assignment of Debt?

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By Sej Lamba

Updated on 26 February 2024 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

When Could an Assignment of Debt Happen?

Key issues on assignment of debt, drafting the correct documentation, giving notice, key takeaways.

Debts are increasingly common in today’s financial climate, and unfortunately, many people struggle to repay what they owe. Debts owed can be sold to third parties and a lot of companies in the UK purchase debts. However, this can be complicated as specific legal formalities apply when assigning debts. This article will explain some of the critical issues around the assignment of debt. 

Debt collection can be a complex process. There are various reasons as to why debt is assigned. For example, a company owed debt may want to avoid putting in time and effort to chase it or want to take legal action to recover it. 

To picture a scenario, imagine this:

  • Joe Bloggs gets a brand-new shiny credit card. Joe purchases lots of nice things for his family with the credit card. Usually, he can keep up with payments as he keeps track of them and earns enough to pay them back;
  • suddenly, Joe has an injury and cannot work anymore. He has to give up his job and now can’t afford to pay the credit card company back;
  • Joe ignores various letters chasing the debt and hopes the problem will disappear. Ultimately, after months, the credit card company gives up and sells Joe’s debt to a debt collection agency.  

So, in summary – after the debt sale, Joe now owes money to a different company. 

In practice, debt assignments can be complex, and the parties must follow the relevant legal rules and draft the correct documentation.

An assignment of debt essentially transfers the debt from one party (the assignor) to a third party (an assignee). 

In practice, this will mean the original debtor (e.g. Joe Bloggs) will now owe the debt to a new third-party creditor (e.g. the debt collection business). Therefore, in the scenario above, Joe must now repay the debt to the third-party debt collection business.

This process can be complex. There have been several legal cases in the courts where this process has given rise to disputes.

There are two different types of assignment of debt – a legal assignment of debt and an equitable assignment of debt. 

In simple terms:

  • a legal assignment of debt will transfer the right for enforcement of the debt; and
  • an equitable assignment of debt will transfer only the benefit of the debt without the right to enforce it. 

Let us explore each type below.

Legal Assignment of Debt 

If the assignment complies with specific legal requirements under the Law of Property Act 1925, it will be a ‘legal assignment’. This means that the assignee will be the new owner of the debt. 

A legal assignment requires various formalities to be effective. For example, it must:

  • be in writing and signed by the assignor;
  • the debtor must be given written notice of the assignment;
  • be absolute with no conditions attached to it;
  • relate to the whole of the debt and not just part of it; and
  • not be a charge.

After the transfer of the debt, the assignor can sue the debtor in its own name. 

Equitable Assignment of Debt

It is also possible to have an equitable debt transfer – the requirements for this are much less strict. For example, this can be done informally by the assignor informing the assignee that the rights are transferred to them. 

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For an equitable assignment, giving notice is not essential, but still always highly advisable. 

Where an equitable assignment is made, the assignee won’t have the right to pursue court action for the debt. In this case, the assignee will have to join forces with the assignor to sue for the debt to sue for the debt. 

The debtor should receive notice of any debt transfer so they know to whom the money is owed. Following notice, the new debt owner can pursue the debt owed. 

A legal assignment is the best option for an assignee of debt – this will give them full rights to enforce the debt. 

Assignments of debts can be very complex. For a legal assignment of debt, you need to follow various formalities. Otherwise, it may be unenforceable and lead to disputes. If you need help executing a debt assignment correctly, you should seek legal advice from an experienced lawyer.

If you need help with an assignment of debt, LegalVision’s experienced business lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page .

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Notice of Assignment: Debt Terms explained

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A Notification of Assignment is employed to notify debtors that a third party has ‘acquired’ their debt. The new company (assignee) assumes responsibility for the collection processes, occasionally engaging a debt collection agency to retrieve the funds on their behalf.

Maxine McCreadie

2nd May 2019

A creditors’ main goal is to lend you money and to collect it, so they’re not the biggest fan of chasing those who fall into arrears. As such, sometimes they’ll pass arrears on to other companies.

Being in debt can get confusing as it is, but especially so if a situation arises where you owe money to your mortgage lender, then a letter comes through your door from a company you’ve never heard of asking you to make payments to them instead.

This is what’s known as a Notice of Assignment (NOA) . They are sent to inform you that a third party has bought a debt that you owe from the company you borrowed it from.

If your debt is assigned to a new owner, they will then take over the previous company’s responsibility for debt collection and will sometimes hire a collection agency to work on their behalf.

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What is a notice of assignment

A Notice of Assignment, in relation to debt, is a document used to inform debtors that their debt has been ‘purchased’ by a third party.

The notice serves to notify the debtor that a new company (known as the assignee) has taken over the responsibility of collecting the debt.

This means that the debtor should direct their future payments and communications regarding the debt to the assignee instead of the original creditor. T

he assignee may choose to handle the debt collection procedures themselves or may engage a debt collection agency to recover the outstanding amount on their behalf.

Types of assignment

There are two types of assignment that a creditor can make – Legal and equitable.

Both of them fall under the Law of Property Act 1925 and both require the creditor to notify you of the change in writing.

It also isn’t possible to assign only part of a debt to a third party. If a creditor is ‘selling’ your debt, they have to sell the debt as a whole, and that debt will become one of the purchasing company’s obligations.

We set out the differences between legal and equitable assignments below.

A legal assignment gives the purchasing party the power to enforce the debt. You will also then make payments to this company instead of the original creditor.

When a debt goes through an equitable assignment, it is only the amount owed that is transferred.

In these instances, the purchasing company cannot enforce the debt and the original creditor will still retain their original rights and responsibilities.

Why do creditors sell debts?

One of the most common questions asked when a notice of assignment is received is why? Why have they sold it and how can they?

The answer is that is it is actually perfectly legal for them to sell your debt to another company.

When you sign a credit agreement there will have been a clause within the fine print. This will have stated that they are able to assign their rights to a third party .

As you have signed for this, they do not need to ask your permission to ‘sell’ the debt and you are unfortunately unable to dispute it.

The only exception to this rule is if the lender pledges to the Standards of Lending Practice and you have given evidence of mental health issues previously.

In these instances, your debt should not have been sold and you should seek advice on this.

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What does a notice of assignment mean for you?

If a creditor passes one of your debts to a third party, they will notify the credit reference agencies that they are now responsible for the collection.

The previous company’s name will be removed from your credit file and that any defaults will also be registered in their name.

Many people often find that having a debt being passed to a third party is a blessing in disguise.

The new company might be easier to deal with or be more flexible. They may offer to freeze interest on your debts, for example, giving you more scope to repay what you owe more quickly.

Ultimately, getting your debt paid off is in both yours and the creditors best interests.

Agreeing to a manageable payment plan gives you some breathing space and it can often mean they won’t need to take any further action against you.

It’s also worth noting that this also does not reset the six-year period for the debt to become statute-barred and debts that are already in this category will remain as such.

Assignment and debt collection agencies

Sometimes, the purchasing company will employ a debt collection agency to act on their behalf or the debt will be purchased by an agency themselves

They will take over the full rights to the debt and attempt to collect it from you in full.

As such, they will contact you by letter, phone calls, texts or emails. It also means that they can take further action against you should you continue to default on the account.

However, unless it is stated otherwise, debt collection agencies only work on behalf of a company.

The purchasing company will still own the debt, although some collection agencies do deal in debt purchasing also.

It’s also important to remember that although they can contact you for payment, they still have to abide by creditor etiquette.

They cannot pretend to have certain legal powers or lie to you, break data protection laws or search for you on social media.

You’ll likely find that debt collection agencies are often open to negotiations, so it is always best to contact them as soon as possible when they contact you for payment.

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Assignment and debt solutions.

If you are already in some form of debt solution such as an IVA , Trust Deed or a DMP that is run privately by a company, you must notify the company running your agreement.

They will make the necessary updates to their records and contact the company to arrange payment to the new company.

If you are managing your own debts, you will need to cancel any payment to the original company and set up a new one to the purchasing company or debt collection agency.

In this instance, you may be asked to show them an up to date state of affairs in case any changes need to be made.

If you’re receiving notices of assignment and struggling with debt collection, call us today. A qualified adviser will be on hand to give you free confidential advice and help you find the right solution for your debts.

KEY TAKEAWAYS

  • Creditors often transfer arrears to other companies to handle debt collection.
  • A Notice of Assignment (NOA) informs debtors that their debt has been purchased by a third party.
  • The assignee, the new company, assumes responsibility for collecting the debt.
  • Debtors should direct future payments and communication regarding the debt to the assignee.
  • The assignee may handle debt collection internally or engage a debt collection agency.

Maxine is an experienced writer, specialising in personal insolvency. With a wealth of experience in the finance industry, she has written extensively on the subject of Individual Voluntary Arrangements, Protected Trust Deed's, and various other debt solutions.

How we reviewed this article:

Our debt experts continually monitor the personal finance and debt industry, and we update our articles when new information becomes available.

Current Version

Written by Maxine McCreadie

Edited by Ben McCormack

Edited by Maxine McCreadie

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Notice of Assignment of Debt – What You Can Do

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For free & impartial money advice you can visit MoneyHelper . We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

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Notice of Assignment

When you get a ‘notice of assignment of debt’, you might feel worried. This letter means your debt has been passed to someone else, often a debt collection agency. We understand this can be scary, but don’t worry; we’re here to help. More than 170,000 people come to our website every month for advice on issues like this.

This article will help you understand:

  • What a ‘notice of assignment of debt’ is.
  • What to do if you get one.
  • Different kinds of notices.
  • Your rights when your debt is passed on.
  • How to deal with your debt.

We have a team who know what it’s like to be in your shoes, as some of them have had their own debts passed on to debt collectors. Our aim is to help you handle this situation in the best way possible. Let’s dive in and learn more about dealing with a ‘notice of assignment of debt’ .

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Notice of assignment of debt – how to deal with it

So, what does a notice of assignment of debt mean for you?

To put it very simply, it means that you now owe a different company money . You will be told in the notice of assignment of debt letter about which company has acquired the debt, so going forward, you should be dealing with them.

Many people believe that it is a blessing in disguise having a notice of assignment of debt. The new company may be easier to deal with , or may even be more flexible when it comes to interest rates and charges, which gives you more scope to pay back your debt quickly and easily. 

Getting your debt paid off is in both your and your creditor’s best interests. It will mean you don’t have to deal with lots of strongly worded letters and phone calls, and it means that they don’t have to consider further action against you. 

Payment plans

With a notice of assignment of debt, you may be able to arrange a suitable payment plan to repay the outstanding amount with the new company.

Often, these third parties are dedicated debt collection agencies, and deal with debts like yours every day. This means that they are set up to deal with any repayment plans and could offer interest freezes .

How a debt solution could help

Some debt solutions can:

  • Stop nasty calls from creditors
  • Freeze interest and charges
  • Reduce your monthly payments

A few debt solutions can even  result in writing off some of your debt.

Here’s an example:

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What types of notice of assignment of debt are there?

You may think you have a grasp on what notice of assignment of debt is. It gets slightly more confusing, unfortunately, as there are two distinct types of notice of assignment of debt.

These two types are Legal and Equitable .

A legal notice of assignment of debt gives the purchasing company (the company that has bought the debt) the power to enforce the amount you owe .

You will also end up making payments to this company instead of the original creditor. 

A notice of assignment of debt that is described as ‘equitable,’ means that only the amount owed by you to the original creditor is transferred to the third party, or debt collection agency.

In these instances, the company that purchases the debt cannot enforce it , and the original creditor will still retain their original rights and responsibilities . 

What rights do debtors have when their debt is assigned?

  • You must be informed about the assignment of the debt in the form of notice of assignment of debt
  • You have the right to obtain accurate and clear information about the debt, including the amount owed and to whom it is owed
  • You can dispute the debt if you believe it is incorrect or unjust
  • You have a right to be offered a reasonable and affordable repayment plan . Don’t pressured into agreeing a repayment plan that you can’t afford
  • Debt collectors can’t harass or threaten you.

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Why do creditors sell debts?

One of the most common questions in regard to notice of assignment of debt is why the original creditor sold the debt in the first place. And how can they sell it anyway?

It is, in fact, perfectly legal for the original creditor to sell the debt to another company.

Often, they include a clause in the fine print when you sign any credit agreement – it usually states that they are able to assign their rights to a third party . This inevitably means that you cannot dispute it.

We go through a few of the more commonly asked questions about notice of assignment of debt , and what it might mean for you.

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English law assignments of part of a debt: Practical considerations

United Kingdom |  Publication |  December 2019

Enforcing partially assigned debts against the debtor

The increase of supply chain finance has driven an increased interest in parties considering the sale and purchase of parts of debts (as opposed to purchasing debts in their entirety).

While under English law part of a debt can be assigned, there is a general requirement that the relevant assignee joins the assignor to any proceedings against the debtor, which potentially impedes the assignee’s ability to enforce against the debtor efficiently.

This note considers whether this requirement may be dispensed with in certain circumstances.

Can you assign part of a debt?

Under English law, the beneficial ownership of part of a debt can be assigned, although the legal ownership cannot. 1  This means that an assignment of part of a debt will take effect as an equitable assignment instead of a legal assignment.

Joining the assignor to proceedings against the debtor

While both equitable and legal assignments are capable of removing the assigned asset from the insolvency estate of the assignor, failure to obtain a legal assignment and relying solely on an equitable assignment may require the assignee to join the relevant assignor as a party to any enforcement action against the debtor.

An assignee of part of a debt will want to be able to sue a debtor in its own name and, if it is required to join the assignor to proceedings against the debtor, this could add additional costs and delays if the assignor was unwilling to cooperate. 2

Kapoor v National Westminster Bank plc

English courts have, in recent years, been pragmatic in allowing an assignee of part of a debt to sue the debtor in its own name without the cooperation of the assignor.

In Charnesh Kapoor v National Westminster Bank plc, Kian Seng Tan 3 the court held that an equitable assignee of part of a debt is entitled in its own right and name to bring proceedings for the assigned debt. The equitable assignee will usually be required to join the assignor to the proceedings in order to ensure that the debtor is not exposed to double recovery, but the requirement is a procedural one that can be dispensed with by the court.

The reason for the requirement that an equitable assignee joins the assignor to proceedings against the debtor is not that the assignee has no right which it can assert independently, but that the debtor ought to be protected from the possibility of any further claim by the assignor who should therefore be bound by the judgment.

Application of Kapoor

It is a common feature of supply chain finance transactions that the assigned debt (or part of the debt) is supported by an independent payment undertaking. Such independent payment undertaking makes it clear that the debtor cannot raise defences and that it is required to pay the relevant debt (or part of a debt) without set-off or counterclaim. In respect of an assignee of part of an independent payment undertaking which is not disputed and has itself been equitably assigned to the assignee, we believe that there are good grounds that an English court would accept that the assignee is allowed to pursue an action directly against the debtor without needing the assignor to be joined, as this is likely to be a matter of procedure only, not substance.

This analysis is limited to English law and does not consider the laws of any other jurisdiction.

Notwithstanding the helpful clarifications summarised in Kapoor, as many receivables financing transactions involve a number of cross-border elements, assignees should continue to consider the effect of the laws (and, potentially court procedures) of any other relevant jurisdictions on the assignment of part of a debt even where the sale of such partial debt is completed under English law.

Legal title cannot be assigned in respect of part of a debt. A partial assignment would not satisfy the requirements for a legal assignment of section 136 of the Law of Property Act 1925.

If an assignor does not consent to being joined as a plaintiff in proceedings against the debtor it would be necessary to join the assignor as a co-defendant. However, where an assignor has gone into administration or liquidation, there may be a statutory prohibition on joining such assignor as a co-defendant (without the leave of the court or in certain circumstances the consent of the administrator).

[2011] EWCA Civ 1083

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Debt Assignment: How They Work, Considerations and Benefits

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debt assignment uk

What Is Debt Assignment?

The term debt assignment refers to a transfer of debt , and all the associated rights and obligations, from a creditor to a third party. The assignment is a legal transfer to the other party, who then becomes the owner of the debt. In most cases, a debt assignment is issued to a debt collector who then assumes responsibility to collect the debt.

Key Takeaways

  • Debt assignment is a transfer of debt, and all the associated rights and obligations, from a creditor to a third party (often a debt collector).
  • The company assigning the debt may do so to improve its liquidity and/or to reduce its risk exposure.
  • The debtor must be notified when a debt is assigned so they know who to make payments to and where to send them.
  • Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA), a federal law overseen by the Federal Trade Commission (FTC).

How Debt Assignments Work

When a creditor lends an individual or business money, it does so with the confidence that the capital it lends out—as well as the interest payments charged for the privilege—is repaid in a timely fashion. The lender , or the extender of credit , will wait to recoup all the money owed according to the conditions and timeframe laid out in the contract.

In certain circumstances, the lender may decide it no longer wants to be responsible for servicing the loan and opt to sell the debt to a third party instead. Should that happen, a Notice of Assignment (NOA) is sent out to the debtor , the recipient of the loan, informing them that somebody else is now responsible for collecting any outstanding amount. This is referred to as a debt assignment.

The debtor must be notified when a debt is assigned to a third party so that they know who to make payments to and where to send them. If the debtor sends payments to the old creditor after the debt has been assigned, it is likely that the payments will not be accepted. This could cause the debtor to unintentionally default.

When a debtor receives such a notice, it's also generally a good idea for them to verify that the new creditor has recorded the correct total balance and monthly payment for the debt owed. In some cases, the new owner of the debt might even want to propose changes to the original terms of the loan. Should this path be pursued, the creditor is obligated to immediately notify the debtor and give them adequate time to respond.

The debtor still maintains the same legal rights and protections held with the original creditor after a debt assignment.

Special Considerations

Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA). The FDCPA, a federal law overseen by the Federal Trade Commission (FTC), restricts the means and methods by which third-party debt collectors can contact debtors, the time of day they can make contact, and the number of times they are allowed to call debtors.

If the FDCPA is violated, a debtor may be able to file suit against the debt collection company and the individual debt collector for damages and attorney fees within one year. The terms of the FDCPA are available for review on the FTC's website .

Benefits of Debt Assignment

There are several reasons why a creditor may decide to assign its debt to someone else. This option is often exercised to improve liquidity  and/or to reduce risk exposure. A lender may be urgently in need of a quick injection of capital. Alternatively, it might have accumulated lots of high-risk loans and be wary that many of them could default . In cases like these, creditors may be willing to get rid of them swiftly for pennies on the dollar if it means improving their financial outlook and appeasing worried investors. At other times, the creditor may decide the debt is too old to waste its resources on collections, or selling or assigning it to a third party to pick up the collection activity. In these instances, a company would not assign their debt to a third party.

Criticism of Debt Assignment

The process of assigning debt has drawn a fair bit of criticism, especially over the past few decades. Debt buyers have been accused of engaging in all kinds of unethical practices to get paid, including issuing threats and regularly harassing debtors. In some cases, they have also been charged with chasing up debts that have already been settled.

Federal Trade Commission. " Fair Debt Collection Practices Act ." Accessed June 29, 2021.

Federal Trade Commission. " Debt Collection FAQs ." Accessed June 29, 2021.

debt assignment uk

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Assignment Of Debt

Jump to section, what is an assignment of debt.

Assignment of debt is an agreement that transfer debt, rights, and obligations from a creditor to a third party. Assignment of debt agreements are commonly found when a creditor issues past due debt to a debt collection agency. The original lender will be relieved of all obligations and the agency will become the new owner of the debt. Debt assignment allows creditors to improve liquidity by reducing their financial risk. If a creditor has taken on a large amount of unsecured debt, an assignment of debt agreement is a quick way to transfer some of the unsecured loans to another party.

Common Sections in Assignments Of Debt

Below is a list of common sections included in Assignments Of Debt. These sections are linked to the below sample agreement for you to explore.

Assignment Of Debt Sample

Reference : Security Exchange Commission - Edgar Database, EX-10 19 ex107.htm ASSIGNMENT OF DEBT AND SECURITY , Viewed October 25, 2021, View Source on SEC .

Who Helps With Assignments Of Debt?

Lawyers with backgrounds working on assignments of debt work with clients to help. Do you need help with an assignment of debt?

Post a project  in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate assignments of debt. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

Meet some of our Assignment Of Debt Lawyers

Igor B. on ContractsCounsel

As a corporate lawyer, I have dealt with international transactions, complex litigation and arbitration, regulatory compliance, and multijurisdictional tax planning. In March 2021, I started my firm and shifted my professional focus to working with start-ups, small businesses, entrepreneurs, and families. I help my clients structure and run their businesses and take care of their assets, including intellectual property issues and estate planning for their families. I try to bring big law quality and small firm personal attention to every client.

Zachary J. on ContractsCounsel

I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.

Cindy A. on ContractsCounsel

Attorney that has worked in both litigation and transactional fields. Motivated and personable professional. Speaks fluent Spanish and very basic Portuguese.

Michael V. on ContractsCounsel

Seven years experience reviewing and drafting corporate and transactional documents, including NDAs, LLC operating agreements, MSAs, employment agreements, etc.

Brittany S. on ContractsCounsel

Brittany S.

I am licensed in New York and New Jersey. I graduated with my J.D. from Touro University Law Center, Summa Cum Laude, in 2021. In 2018, I graduated from SUNY Farmingdale with a B.S. in Sport Management and a minor in Business Management. I have experience in real estate law and insurance defense, including employment law. Please note, I do not carry malpractice insurance.

Josh L. on ContractsCounsel

Josh is a founding partner and the director of Art and Business Law for Twig, Trade, & Tribunal PLLC a local Fort Lauderdale law firm. His practice focuses on Art and Business law including art transactions, legal strategy, art leasing, due diligence, contract drafting, contract negotiations as well as other facets of Art Law including consulting for all market participants. He also advises clients regarding issues for Non-Fungible Tokens (NFTs) again focusing on contract drafting, strategic guidance, and other factors as it relates to art produced as NFTs having given numerous presentations on the subject.

Michael R. on ContractsCounsel

If you're looking for an attorney who can help your business succeed, look no further! With my experience in the legal field, I can provide you with the legal advice you need with entity formation, contract drafting, business operations, and more, And because I'm committed to providing high quality service, you can be sure that your needs will always be met. Contact me today to learn more about how I can help your business thrive!

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Debt Assignment and Assumption Agreement

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Debt Assignment and Assumption Agreement

Rating: 4.7 - 23 votes

A Debt Assignment and Assumption Agreement is a very simple document whereby one party assigns their debt to another party, and the other party agrees to take that debt on. The party that is assigning the debt is the original debtor; they are called the assignor. The party that is assuming the debt is the new debtor; they are called the assignee.

The debt is owed to a creditor.

This document is different than a Debt Settlement Agreement , because there, the original debtor has paid back all of the debt and is now free and clear. Here, the debt still stands, but it will just be owed to the creditor by another party.

This is also different than a Debt Acknowledgment Form , because there, the original debtor is simply signing a document acknowledging their debt.

How to use this document

This document is extremely short and to-the-point. It contains just the identities of the parties, the terms of the debt, the debt amount, and the signatures. It is auto-populated with some important contract terms to make this a complete agreement.

When this document is filled out, it should be printed, signed by the assignor and the creditor, and then signed by the assignee in front of a notary. It is important to have the assignee's signature notarized, because that is the party that is taking on the debt.

Applicable law

Debt Assignment and Assumption Agreements are generally covered by the state law where the debt was originally incurred.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Other names for the document:

Agreement to Assign Debt, Agreement to Assume Debt, Assignment and Assumption of Debt, Assumption and Assignment of Debt Agreement, Debt Assignment Agreement

Country: United States

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debt assignment uk

  • Practical Law

New: Deed of assignment

Practical law uk legal update 1-202-1081  (approx. 3 pages).

  • The assignor is assigning the whole of the property demised by the lease.
  • The property is not subject to any underlease(s).
  • Where the assignee is paying a premium to the assignor or the assignor is paying a reverse premium to the assignee.
  • Where the assignee gives an express indemnity covenant in respect of the rent and other obligations under the lease and/or in relation to matters contained in title documents affecting the property.
  • Where the lease is being held over under the Landlord and Tenant Act 1954 and also where the assignor has commenced renewal proceedings.
  • Where one party is paying, or making a contribution to, the legal (and surveyors') costs of the other.
  • Considers in greater detail the various general issues affecting assignments of unregistered leases.
  • Provides guidance on the legal, and drafting and negotiating, issues raised by each clause.

New Standard document and Drafting note

  • Deed of assignment .
  • Deed of assignment: drafting note .
  • Landlord and Tenant

IMAGES

  1. Debt Assignment Agreement Template

    debt assignment uk

  2. Assignment of Debt Agreement

    debt assignment uk

  3. Free Debt Assignment and Assumption Agreement

    debt assignment uk

  4. Debt Assignment Agreement Template

    debt assignment uk

  5. Assignment Of Debt Agreement Template Uk

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  6. Assignment of Debt UK

    debt assignment uk

COMMENTS

  1. Assigning debts and other contractual claims

    Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch), the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice ...

  2. What is an Assignment of Debt?

    Legal Assignment of Debt. If the assignment complies with specific legal requirements under the Law of Property Act 1925, it will be a 'legal assignment'. This means that the assignee will be the new owner of the debt. A legal assignment requires various formalities to be effective. For example, it must: be in writing and signed by the ...

  3. Assignment of Debt UK

    In this post, we're analysing the ASSIGNMENT OF DEBT and ASSIGNED DEBT as a whole. It's very simple to understand when you... Skip to content. Call free for debt help: 0800 404 5050. Help with Debt. Types of Debt. ... Assignment of Debt UK - All You Need to Know. By Scott . Scott Nelson.

  4. English law assignments of part of a debt: Practical considerations

    1 . Legal title cannot be assigned in respect of part of a debt. A partial assignment would not satisfy the requirements for a legal assignment of section 136 of the Law of Property Act 1925.

  5. Assignment of debt

    The assignment of debt in good faith is not invalid even if the necessity for litigation to recover it is contemplated by the parties. What's on Practical Law? ... Assignment of debt Practical Law UK Legal Update 1-100-2291 (Approx. 2 pages) Ask a question Assignment of debt.

  6. Deed of Assignment of Debt Template Agreement: to Assign a Debt

    4. Sign. Use our Deed of Assignment of Debt template in order to transfer (or sell) the right to recover a debt. To transfer a debt legally between parties, it is necessary to enter into a written transfer document. Once the transfer document has been signed by the Assignee (the party transferring the debt) and the Assignee (the party receiving ...

  7. Legal assignment

    Legal assignment. The usual way of assigning the benefit of any debt or other legal thing in action under section 136 of the Law of Property Act 1925. Under that section, the basic requirements for a legal assignment are as follows: Only the benefit of an agreement may be assigned. The assignment must be absolute.

  8. Notice of Assignment: Debt Terms explained

    A Notice of Assignment, in relation to debt, is a document used to inform debtors that their debt has been 'purchased' by a third party. ... Glasgow, G2 1NQ Samantha Warburton is authorised in the UK to act as Insolvency Practitioners by the Insolvency Practitioners Association IP Number: 12430 * A debt write off amount of between 25% and ...

  9. Debt Assignment: What You Need to Know

    Debt Assignment Notice. First things first, if your debt is assigned to someone else, you should receive a notice. This notice. tells you that your debt is now in someone else's hands and provides the necessary details for. making future payments. If you keep paying the old lender after the debt has been assigned, your.

  10. Deed of Assignment of Debt

    A deed of assignment of debt is used to transfer or sell the right to recover a debt. Without a deed of assignment of debt, the two companies are not able to do this - you need a written transfer document. Source: MSE Forum. Once the transfer document, or deed of assignment of debt, has been signed by the assignee (the party transferring the ...

  11. Deeds of Assignment of a Debt

    But you need to do so in writing. A deed of assignment of a debt is the document to use for this. You would need to assign the whole of a debt, as you cannot assign only part of it. The debtor cannot assign the debt to someone else unless the creditor agrees and you would then do this via a deed of novation. 2.

  12. Notice of Assignment of Debt Template

    The legal requirements for the assignment of debt in the UK are: a written agreement between the original creditor and the assignee; and; a notice to the debtor of the assignment. All parties must also make sure to comply with relevant consumer protection laws. Providing a notice of assignment to the debtor is essential to make the transfer ...

  13. Notice of Assignment of Debt

    A legal notice of assignment of debt gives the purchasing company ... Their in house IPs are Jason Bowen who is authorised to Act in the UK by the Institute of Chartered Accountants of Scotland (ICAS). Licence no. 22150 and Laura Stewart who is authorised to Act as in the UK by the Insolvency Practitioners Association (IPA). Licence no. 23590.

  14. English law assignments of part of a debt: Practical considerations

    Legal title cannot be assigned in respect of part of a debt. A partial assignment would not satisfy the requirements for a legal assignment of section 136 of the Law of Property Act 1925. 2 ... (UK) +44 20 7444 3011 Tel (US) +1 414 208 4078. Industry: Financial institutions

  15. Debt Assignment: How They Work, Considerations and Benefits

    Debt Assignment: A transfer of debt, and all the rights and obligations associated with it, from a creditor to a third party . Debt assignment may occur with both individual debts and business ...

  16. Assignment and novation

    Like assignment, novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well. In a novation the original contract is extinguished and is replaced by a new one in which a third party takes up rights and obligations which duplicate those of one of the original parties to the ...

  17. Assignment of debt

    Assignment of debt Practical Law UK Legal Update 4-106-9275 (Approx. 2 pages) Ask a question Assignment of debt. Related Content. Free Practical Law trial. To access this resource, sign up for a free trial of Practical Law. Free trial. Already registered? Sign in to your account.

  18. Debt Assignment and Assumption Agreement

    Section 1 The Parties. (1) Effective Assignment Date. This agreement must clearly establish the calendar date when the assignment of the debt to the Assuming Party becomes active. (2) Debtor Name And Mailing Address. The current Holder of the debt should be identified as the Debtor in this agreement.

  19. Assignment of loan

    A standard form deed of assignment under which a lender (the assignor) assigns its rights relating to a facility agreement (also known as a loan agreement) to a new lender (the assignee). Only the assignor's rights under the facility agreement (such as to receive repayment of the loan and to receive interest) are assigned. The assignor will still have to perform any obligations it may have ...

  20. Assignment Of Debt: Definition & Sample

    ASSIGNMENT OF DEBT AND SECURITY . THIS ASSIGNMENT dated as of February 23, 2001,GRANTED BY:. PACIFIC STRATUS VENTURES LTD., a British Columbia company having an office at 707 - 1030 W. Georgia Street, Vancouver, B.C., V6E 2Y3(the "Assignor") OF THE FIRST PART. IN FAVOUR OF: 606282 B.C. LTD., a British Columbia company having a registered and records office at 218 - 470 Granville Street ...

  21. Debt Assignment and Assumption Agreement

    A Debt Assignment and Assumption Agreement is a very simple document whereby one party assigns their debt to another party, and the other party agrees to take that debt on. The party that is assigning the debt is the original debtor; they are called the assignor. The party that is assuming the debt is the new debtor; they are called the assignee.

  22. PDF SAMPLE Debt Assignment and Assumption with Release

    II. ASSIGNMENT OF DEBT. It is known that the Debtor is indebted to the Creditor, under a separate agreement, for the current principal sum of $150,000.00, plus any interest ("Debt"). Under this Agreement, the Assuming Party agrees to assume: (choose one) ☒ - All of the Debt. ☐ - Portion of the Debt. The Assuming Party agrees to assume ...

  23. New: Deed of assignment

    A new Standard document has been added: Deed of assignment. The document is accompanied by a detailed Drafting note, which provides a commentary on each clause, identifying the legal, drafting and negotiating issues for consideration by each party: Deed of assignment: drafting note. ... New: Deed of assignment Practical Law UK Legal Update 1 ...

  24. PDF Private debt activity bounces back in Q4 at the prospect of softer

    Private Debt Deal Tracker Spring 2024 66 UK Deloitte Debt, Capital & Treasury Advisory Dedicated team of over 100 UK-based professionals with market-leading knowledge and expertise Deloitte Private Debt Deal Tracker Spring 2024 | Deloitte Debt, Capital and Treasury Advisory UK Directors Nick Armstrong +44 (0) 20 7303 7445 [email protected]