It goes without saying that the creation of a trust on the advantage of a contract activates the “Vandepitte” procedure, as it emerges from Vandepitte against Preferred Accident Insurance Corp of New York (1933) AC 70, according to which a beneficiary of a trust (the assignee) is free to sue a third party (the debtor) and an agent (the Zedent Zeden) as a common defendant. Indeed, the result is that the incoming lender would have the right to sue the borrower directly. This approach was then adopted by the majority of the Court, by Walter LJ and Rix LJ, at Barbados Trust Co Ltd (formerly known as C I Trustees (Asia Pacific) Limited v Bank of Zambia and Bank of Americana (2007) EWCA Civ 14 (although Hooper contradicted LJ on the ground that this was diametrically opposed to the divestiture ban). In Barbados, the court did not consider that there was a problem in allowing an assignee of rights from a syndicated loan that embodied a non-assignment clause to benefit directly from the borrower as the beneficiary of a declared trust. However, it has been proposed, exceptionally, that this decision should be regarded as narrow and applicable to its own particular facts and that, in such circumstances, it should normally be responsible for making the payment only to ziedner as agent and not to the beneficiary (E P Ellinger, E Lomnicka, C V M Hare`, Ellinger`s Modern Banking Law, p. 876). 11. Personal data and communication with the borrower 11.1. The portal does not provide personal data to a lender of one of the beneficiaries of the assignment. Only anonymous information relating to the transfer for statistical purposes may not be made available to the credit operator, which does not allow the credit operator not to directly or indirectly identify the beneficiaries of the transfer. . The data relating to the beneficiaries of the assignment contract are only known by the portal itself.
11.2. The parties will not inform the borrower of the assignment of the receivable, unless this Agreement so requires. The lender may not provide personal data about a borrower to other parties unless clause 11.4 is provided. The parties will not complain in this regard. 11.3. 11.6. During the period of validity of the contract, the assignee may not contact the borrower with regard to the concluded contract and the assigned claim, including the visit of the borrower to his place of residence or business, communication with him, through means of immediate communication or social networks, do not solicit payments from the borrower without the support of the credit operator, not to make claims against the borrower and not to assert claims before a court or arbitral tribunal against the borrower. NBAD argued that due to the false statement that it had the right to make the divestiture, BP was now required to pay NBAD the unpaid amount of the outstanding debt. . . .