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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
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    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Assignments


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Has anybody at any stage challenged the Sale of Debts to a DCA,

 

 

if the seller is prepared to sell a debt at a specific price why should the debtor not be offered to buy the debt at this price first????

 

 

I am aware most debts are sold in bulk and that there are different layers involved such as a debt being sold where payments are being made

 

 

,then another example debts sold where no payments have been made for a period of time they attract different selling prices,JUST A THOUGHT

 

FS

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As the original debtor was in a position to deal with the debt but didnt there is no incentive to either cancel the debt or to accept an offer from them.

 

 

The selling of a debt happens because it is a bad debt, it creates a hit on the accounts of the company but selling it raises some money.

 

 

The company buying it know that they have little chance of collecting all of the debt so only pay what they see as being a fair bet on collecting some of the value of the debts purchased.

 

 

it is a bit like insurance actuaries looking at life policies,

they know the previous form of the person and use this info to calculate their risks.

 

No incentive for the original creditor to accept a low redemption amount from the debtor or everyone would just not pay their dues and expect to be offered freedom for 10% of what they owe.

 

Anyway, it is not a dca as such who buy debts, they just chase them for other people.

 

 

Dont confuse the 2 different markets.

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Sorry I meant Debt Purchaser, not DCA,

 

Thanks for your comments

 

FS

 

One and the same in reality but a few are bigger than others which enable them to buy debts..but there still DCAs...because they will never be creditors in their own right.....

 

Andy

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  • 6 months later...

the seller of the debt has to send you a letter of assignment saying who now owns the debt. Usually the debt buyer sends the letter using the original creditors letterhead as they tend to buy a parcel of debts.

What many people do is ask for a copy of the deed of assignment, which you are not entitled to see as that is a B2B confidential matter.

No letter of assignment and as far as the debtor is concerned the debt is still to the original creditor.

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Yes, the NOA is almost always in the same envelope of the assignee, although printed with different letterhead, the paper and font is the same.

 

However, if the DCA refers to ''their client'' then it hasn't been sold on, and payments should still go to the OC, if they do indeed merit paying.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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