DCA Owning Several Debts Of One Defendant

[Newborn]

Can anyone with a legal bent throw some light on the following please:

 

I have heard that when bringing an action the claimant should bring all their claims against the defendant to court in one single action.

 

So, if a DCA owns (ie acting form themselves not another) 2 or more debts from the same defendant and only brings one of the debts to the court's attention, can they then, win or lose, go after the Defendant for the other debt(s) at a later stage?

 

The reason I ask is that a DCA might use 1 debt as a 'taster' and if they lose use the info to win the second. This is very relevant with Barclaycard 'twin' application forms. The ones where you can apply for 2 cards on the same app form.

 

Is there anyway that the DCA can be forced to put all their eggs in one basket so to speak, possibly dissuading them from any sort of exploratory action.

 

Newborn

[Guest Old_andrew2018]

bump

[citizenB]

This is an interesting question, one to which I would also like to know the answer. Subscribing :grin:

[Newborn]

I understand that under the County Courts Act 1984 s.35 a claimant cannot split a claim to present in one or more courts. (Thanks to Tifo for pointing this out on another thread).

 

s.35 Division of causes of action

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

 

The question I have is, when a DCA purchases 2 or more debts of the same debtor, if they claim to have properly executed CCAs are they under a duty to bring all the actions together in one case?

Further, if they are relying on exactly the same paperwork for 2 different debts (eg Barclaycard dual app forms) surely they must bring the 2 together?

If they don't, then win or lose on the first one, won't the second be unenforceable?

 

Newborn