unknown RWay CCJ for Cap1 card at old Address - already paid NCO!! **SET ASIDE**

[diddydicky]

i doubt that capital one will be obliged to provide a response to a SAR if you no longer have dealings with them

 

It seems to me that since the original company is now ex tinct - you are not in fact going to "make them pay" and should forget this as a goal

 

To get the matter set aside is going to cost you £75 and you will not get this back (IMO) since the other party is no longer a legal entity

 

the claimant in a ccj cannot be assigned/sold to a third party as far as i am aware without the approval of the court therefore i assume it has not been assigned/sold since this is as rare as hens teeth

 

if you want it off your file before it falls off after 6 years then pay the £75 otherwise leave things until someone else tries to sue you and then demand proof of ownership of the debt.

 

it is my opinion that the new company are trying to cash in on a debt which is not theirs and was NOT transferred over to them from the old company legally - and even if it was- it is quite clear from the conversations that they will not be able to provide the documentation to prove it and it would have had to have been transferred BEFORE the CCJ was granted

 

if you go on the companies house website you should be able to get the details of the now defunct company to compare them with the new one so that you are able to show the court that the two companies are not one in the same.

[diddydicky]

thanks for that info

 

as far as the "change of name " is concerned- i think it was stated originally that the company was dissolved or some such

if the new company has a different company number then it is a separate legal entity and cannot simply take over the assets of the defunct company informally

 

you need to check the formation date of the new company against the dissolution date of the old one (unless it WAS simply a name change of the existing company) and then refer any assignment dates

 

once the old company ceased to exist it then no longer was able to transact company business

[diddydicky]

many debt collectors are acting FOR the OC and have not "bought" the debt

[diddydicky]

common