What Is a Notice of Assignment?
A notice of assignment in the United Kingdom is a formal document that is used in monetary transactions. In this one party (the assignor) transfers its benefits, interests, or rights under a contract to the other party (the assignee).
Definition:
A notice of assignment meaning is a written message that the assignor gives to the other party involved in the original contract that the privileges and rights under the contract have been assigned to the third party, i.e., the assignee.
Key Attributes:
- Format: The notice must be written; only then will it be legally binding.
- Parties Involved: The assignor (party transferring the rights) and the assignee (party receiving the rights).
- Identification of Assigned Rights: It clearly states the particular privileges, rights or interests that are transferred from assignor to assignee.
- Formal Notification: The assignee serves the notice to the other party involved in the original contract to notify the change, so there is no confusion as to who to pay.
- Effective Date: States the date from which the assignment is effective.
What Are the Different Kinds of Assignments?
According to the Property Act, 1925, there are two kinds of notice of assignment: legal and equitable. Both these assignments require the creditor or assignee to notify you that your debt has been transferred.
a. Legal Assignment
In it, the purchaser buys the debt and the right to enforce it. He can take you to court for the debt if he desires.
b. Equitable Assignment
Under this assignment, only the amount due to the creditor is transferred, and he/she does not have the power to initiate action.
What Is the Purpose of the Notice of Assignment?
- Effective Notification: It provides a formal legal notice to the debtor that they are not bound to make payments or fulfil obligations to another party, i.e., the assignee and not the assignor.
- Protects Rights: Protects the rights of the assignee by acknowledging the transfer of rights according to the UK's Law of Property Act, 1925.
- Prevents Disputes: By identifying the new party (the assignee) and the nature of the transaction, it prevents any dispute from arising as to the rights of the assignee.
Examples of Notice of Assignment
Debt Collection: When a company to which you owe a debt transfers the debt to a debt collection agency, then the short assignment notice informs you that you now owe the debt to a new agency.
Leasehold Property: In cases of leasehold properties, when the property is sold, the notice of assignment is sent to the new owner. A notice is sent to the council or landlord informing them about the change.
Accounts Receivable: A business might transfer its rights to get payments for goods and services to a third party. The notice is to inform the customer to make future payments to the new owner.
Conclusion
In a nutshell, a notice of assignment is a crucial legal document in the UK that helps to transfer the privileges, rights and interests from one party to another under an existing contract. It is a notification to all the parties involved, as it ensures clarity and also protects the rights of the parties. If you need more in-depth detail regarding this topic, you can seek assignment help.