so...... is there a meet or not a meet.... that is the question.

well for a start, It's not swapping one creditor for another.... its swapping a creditor for a debt purchaser who claim to have transferred the rights but not the responsibilities. secondly, if the debt was still with the original creditor they would need to issue a default notice before taking action, if the default was rectified then the line of credit would be restored and things would go on as before. In this case, no default or termination was issued by the OC, the debt was sold without notification to this 'debt purchaser' who does not acknowledge any obligations under CCA, so as a debtor, I am being given no oppertunity to rectify the situation.... therefore it must surely be detrimental. tbh though, I am just trying to clarify the legalities of the position.... can a debt purchaser who claim not to be the creditor issue proceedings without the original creditor?

The original agreement included the clause:- “We may transfer our rights and benefits and our obligations under this agreement at any time without telling you first provided that this does not detrimentally effect your rights and obligations under the agreement” but if they have sold it on to a debt purchaser surely that affects my rights....?

made my day! well done hiuth!

ok, so what happens when the 'debt purchaser' issues proceedings for a credit card debt without being joined in action by the OC? is there a relevant section of law that states that they have to be joined with the OC, or that they cannot persue proceedings?

If a DCA buys up your debt from a credit card company but claims NOT to be a creditor but a debt purchaser, and then issues legal proceedings, are they not obliged to be joined in proceedings by the OC? I was under the impression (maybe wrongly) that only the creditor can issue proceedings to recover the debt. clarification would be good before I go for the throats!!

Cy, have pm'd you.

heated

well I wouldn't call it a success, I still lost the original case.... but have not given up trying to find an inexpensive way of having another go at that, will let you know if I come up with anything.! lol One thing to note.... In my case at the hearing and in their evidence, Cabot claim not to be the creditor... they claim to have all the rights but none of the duties. I tried to argue if that was the case then they had no right of action without being joined by the original lender but didn't get anywhere with the Judge. In one of my oh's cases, they have got the agreement & it's all ok, however the debt includes PPi and charges which account for more than half the balance, I've written to them stating that we would be happy to make arrangements to pay but first they need to get the balance correct and provide proof that they own the debt, and in what capacity, i.e. are they now the creditor.... well, we've written 3 times now disputing the balance and asking the same questions.... surprisingly enough they will not answer the question about being the creditor, and as for the PPi & charges, they just keep telling us to go back to the OC. My argument is... if they bought the debt it is their responsibility to ensure that they are collecting the right amount, and as they now own it, it's up to them to investigate and correct the figures, still waiting for a response to that one. In the second case (which they bought at the same time as my debt) I had done a CCa req last year & put the account in dispute. didn't hear a thing more until yesterday when they sent a set of statements, a dodgy letter that they say came from the OC (yeah right!) saying the account was sold to Cabot ( not cabot financial uk or Europe, just cabot) and a badly copied set of T&C along with a statement showing the interest they had added since buying the account.... they have continued adding interest even when the account was in dispute. They now claim to have fulfilled their obligations under CCA and are demanding payment on that one. am writing back to say T&C does not make executeable agreement & account still in dispute, but have a sneaky feeling they are going to try & litigate that one.

Sorry it's taken so long to get back, no computer for a while! At the hearing the rep for Cabot withdrew the application in light of the points made in my defence, namely that they were being sneaky by applying for an order whilst at the same time giving me a 14 day time limit to come up with repayment offer (which they had accepted) but they went for the order anyway. Judge told them....I should think so too and congratulated me on a "marvelous defence of my propery!" lol I enjoyed that bit! I asked at the hearing about the removal of the interrim charge order, and was told that I didn't have to do anything and it would be removed. surprise surprise.... it hasn't, and according to the Land registry there ahs been no communication from Morgans to ask for it's removal. I can apply myself, but would have to wait whilst the Land registry then get in touch with Morgans to confirm! More wasted time. Wasted costs? never thought of that.... I'm actually snowed under atm trying to fight Cabot for my husband now.... it seems they have just bought up his debts..... they seem determined to get my house one way or another.

quick update. had my day in court. gloves off this time, no more nerves, no more being bullied by the big guy. NO charging order, Interrim charge order removed. no costs.

beat them at the hearing. interrim charge order removed no costs.

still haven't received anything from the court

Hi Beau, there was a discussion at the hearing as to the wording of the judgement, and Morgans solicitor said that there was no need for a 14 day stipulation as they would be in touch to arrange suitable repayment, so the judge made an order WITHOUT any stipulation as to when it should be paid by. Also, on leaving the hearing their solicitor said they would be in touch, so I waited to hear from them. The 1st contact from them was this letter giving me 14 days, ( which they dated friday 18th but was not received until tues 22nd) they then didn't bother waiting for a response and made the application to the court on the 24th.

lost a judgement brought by Cabot financial, and they have obtained an interim charging order on my house, ( for no aparent reason other than bloody mindedness and increasing my debt).... wrote to me after the hearing and gave me 14 days to respond with a proposal to pay off, but applied to the court for the order only 6 days after the date of writing of the proposal letter. court has granted an interim order with a hearing in August..... so where do I start?