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Moon phases


Deed of Novation

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Deed of Novation Empty Deed of Novation

Post by janloot on Wed Jul 10, 2019 1:32 pm

Good afternoon members Wink

I would like to know what the current thoughts are regarding The Deed of Novation.

I am aware that in the past , this document was always thought to be fundamental in any court case success., but is this still the case?

Also; am I correct in thinking that The Deed of Novation needs to be signed by all three parties??????????????????

On a final note; there seems to always be a clause in any contract stating the rights etc can be passed/sold to a third party - but do we as individuals need to sign an agreement with that 3rd party? (The Deed of Novation signed by all three parties)

regards Wink
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Deed of Novation Empty Re: Deed of Novation

Post by daveiron on Wed Jul 10, 2019 1:56 pm

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Deed of Novation Empty Re: Deed of Novation

Post by flyingfish on Wed Jul 10, 2019 3:16 pm

@janloot wrote:Also; am I correct in thinking that The Deed of Novation needs to be signed by all three parties??????????????????
That's correct, Novation needs to be by agreement of all the original parties, and the new party.
@janloot wrote:On a final note; there seems to always be a clause in any contract stating the rights etc can be passed/sold to a third party
Normally that's the case in the sort of contracts we're concerned with here.  But it would still make sense to check for that clause in the agreement that you're actually concerned with.
@janloot wrote:but do we as individuals need to sign an agreement with that 3rd party?  (The Deed of Novation signed by all three parties)
If the previous answer is "Yes", then this one is "No".  By entering into the original agreement including the clause permitting assignment to third party, you have effectively agreed in advance.

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Deed of Novation Empty Re: Deed of Novation

Post by waylander62 on Wed Jul 10, 2019 10:15 pm

Novation needs the signature of all three parties if a debt is assigned by a novation agreement

it is very unlikely that the original creditor assigned the debt by novation in respect of the type of debt which is normally discussed on this forum.

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Deed of Novation Empty Re: Deed of Novation

Post by Mrblue on Thu Jul 11, 2019 5:56 am

Agreed with Waylander62 - never been the case in my experience.
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Deed of Novation Empty Re: Deed of Novation

Post by janloot on Thu Jul 11, 2019 12:02 pm

Ref: it is very unlikely that the original creditor assigned the debt by novation in respect of the type of debt which is normally discussed on this forum.

If I contacted the OC; would they have to inform me if the debt was indeed assigned by Novation or other?
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Deed of Novation Empty Re: Deed of Novation

Post by waylander62 on Thu Jul 11, 2019 3:56 pm

if the request was correctly worded then possibly

they do not like to provide any assignment details either the OC or the DCA will fight very hard to deny access to this information.

i have done many many SAR's and every one has requested a copy of the deed of assignment or novation whichever applies and NEVER has the OC provided either in their response.

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Deed of Novation Empty Re: Deed of Novation

Post by Mrblue on Thu Jul 11, 2019 10:03 pm

@waylander62 wrote:i have done many many SAR's and every one has requested a copy of the deed of assignment or novation whichever applies and NEVER has the OC provided either in their response.

Yep, same here...
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Deed of Novation Empty Re: Deed of Novation

Post by assassin on Fri Jul 12, 2019 1:32 am

They circumvent the Deed of Novation by using contract law, in the contractual conditions it gives the lender the power to transfer the alleged debt and the signatory agrees to the conditions when they sign the contract.
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Deed of Novation Empty Re: Deed of Novation

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