Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Property Law Act 1958 (VIC)

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
Sulla View Drop Down
Newbie
Newbie


Joined: 13/December/2008
Location: Australia
Posts: 27
  Quote Sulla Quote  Post ReplyReply Direct Link To This Post Topic: Property Law Act 1958 (VIC)
    Posted: 16/October/2016 at 12:10
Hello all.

I have an issue with an alleged credit card debt where it has been claimed that the original credit provider has the right to assign the debt based on s134 of the above Act..
S134 states:

" PROPERTY LAW ACT 1958 - SECT 134
Legal assignments of things in action

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, shall be and shall be deemed to have been effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

        (a)     the legal right to such debt or thing in action;

        (b)     all legal and other remedies for the same; and

        (c)     the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

        (a)     that the assignment is disputed by the assignor or any person claiming under him; or

        (b)     of any other opposing or conflicting claims to such debt or thing in action—

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act 1958 .

Nos 3754 s. 135, 4602 s. 2(7).

S. 135 amended by Nos 6455 s. 2, 7231 s. 4, 9427 s. 6(1)(Sch. 5 item 147), 119/1986 s. 142(Sch. 2 item 10), 57/1989 s. 3(Sch. item 166.6), 81/1989 s. 3(Sch. item 43), 83/1996 s. 40. "


My question is:

Does the Property Law Act 1958 (VIC) apply to alleged (and disputed) credit card debt?

Many thanks for this great Forum.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.