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HSBC CCJ/CO sold/assigned to Cabot


Elfet01
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As far as we are concerned this bunch are not the new owner the county court still has the original claimant on the judgement.

 

They will have until the Global Substitution Order is finalised....then it will change to Carbot

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So you're saying I should continue paying HSBC despite them saying they have sold this debt and have informed the credit reference agencies that the debt is satisfied so who at the moment owns this debt? And if Cabot have been sold (assigned) the debt we are entitled to see the deed of assignment. I have a court ruling to this effect with another DCA who would not or could not supply DOA and I won the case.

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I have created your own thread Elfet01 as its not right to hijack another posters thread.

 

So you're saying I should continue paying HSBC despite them saying they have sold this debt and have informed the credit reference agencies that the debt is satisfied so who at the moment owns this debt? Yes until HSBC advise you its been assigned and inform you to make new payment arrangements.

 

And if Cabot have been sold (assigned) the debt we are entitled to see the deed of assignment. On what grounds...there are no court proceedings ?

 

I have a court ruling to this effect with another DCA who would not or could not supply DOA and I won the case. Well not quite I assume the claim was dismissed...so therefore you dont have a Judgment (ruling) but still you can utilise the same method (submitting a defence) when Cabot issue a court claim for none payment

 

 

Regads

 

Andy

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After some research (Court Services have not heard of a GSO.) It seems that these orders were used for the mass selling of mortgages. Here's a sickening (as far as I'm concerned) article from Mortgage Finance Gazette.

 

"On the transfer of any mortgage which is subject to litigation, the Civil Procedure Rules (CPR) require an application to deal with the substitution of the new charge holder as claimant in each ongoing action. Traditionally, this would involve applications being made in every case, creating a major headache for lenders, administrators and their advisers having to deal with large volumes of legal proceedings within a portfolio.

The GSO is a single application for a single order. The order substitutes the buying party as claimant in multiple cases at once by reference to an annexed schedule.

On that basis, and given that it is a discrete application, it can be prepared by solicitors on a fixed-fee basis and a single court fee of £45 is payable. The cost saving in terms of court fees alone for a thousand cases is therefore the best part of £45,000, leaving aside the much more significant solicitors’ fees which would be generated by those thousand applications."

 

As far as the Court Services are concerned My C.C.J. is still with the original claimant so I'll restart paying the original claimant. We really need to consider a class action to establish that DCAs must supply a DEED OF ASSIGNMENT verifying their authority to collect

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no its been sold

you now pay cabot

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they don't have to.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have a judgement, claim dismissed, a DCA did not supply DOA. The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:- 24. Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

25. It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment including the date (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169).

 

 

It sometimes appears that this site is more Solicitor and DCA Action Group than Consumer

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but you wont ever see the deed

its the Notice you are interested in.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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posts moved to your own existing thread

duplicates removed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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