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  1. i hear and understand what you are saying DX but the fact remains that uncle buck the original creditor did not issue one and the dca asset have issued one and i need to find law referring to that... i cannot just say to the judge your above statement can i...
  2. I am ignoring them but just trying to be prepared. have they broken any legislation by issuing me with default notice then?
  3. on the discontinuation notice from uncle buck it states that the balance due is £0.00, so how can they sell it to asset and also as it has been to court it has already defaulted so how can asset issue me with another default notice. will they still need to produce the original DN from uncle buck when requested or will the one they issued suffice?
  4. would it be worth stating that in the letter of claim which i believe i am obliged to fill in. also are there any threads about with a similar defence so i can research as i can only fine one and that is for when the claimant (also asset) took court action again after it had been struck out.
  5. well i believe TM legal services are about to take me to court on behalf of asset investigations after they purchased the debt off of uncle buck who also took me to court and then discontinued... i received a DN from asset a month ago and i have also just received a letter of claim. i lost a case to them last year even though they didn't show up.
  6. in regards to the below... what if a different claimant takes you to court after the original claimant sold the debt on after discontinuing? Discontinuance and subsequent proceedings 38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if – (a) he discontinued the claim after the defendant filed a defence; and (b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.
  7. yes been at the same address for over ten years. does the OC have to issue a DN before selling the debt on?
  8. there is nothing on my credit file regarding this debt. how would i argue that the debt is already defaulted?
  9. yes but i am wondering once a claim is issued and i send the obligatory cpr request, could they rely on the latter DN as i suspect that they will not have the former DN which was obviously issued by uncle buck?
  10. update just received a default notice from asset with the promise of court action if not remedied. Are DCA's allowed to issue a default notice?, and shouldn't of uncle buck issued one before selling the debt on and if so is a second one legally allowed to be issued?
  11. i did respond explaining i was on benefits and cannot afford anything... what will happen next andy?... the judge said they cannot demand payment for 28 days but i suspect on the 29th day i am buggered
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