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Creditors/DCs will simply refuse to comply or will produce a meaningless redacted document and leave to a judge to decide further in my experience o 2 occassions when a judge has oredered a view od a deed it has been seen only by the judge in any detail.

 

 

If the DOA is only showed to the judge that should be a complete no no!!,

 

I would plead that it would be contrary to your right to a fair trail to have such an action occur in a UK court, if the DOA is important enough to be disclosed in court at all, then it should be disclosed to all parties.

 

It is the DCA and OC who deem the DOA to be "Commercially sensitive" not the courts and certainly not the debtor and since the case involves the debtor who is directly affected by the contents of the document, partial disclosure should never be allowed without comment.

 

Agree with Brig, the DOA I received was a heavily redacted form of contract between Cabot and Egg describing the T&C between two set dates, ie. we will purchase x number of accounts between 01/01/20xx and 31/12/20xx for the amount of £xxx the dates in the DOA conflicted with the dates claimed in their letters, so could be used to shoot their claim down.


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I was informed many years ago that a DOA often just refers to portfolio of debt identified by ''reference'' numbers not individual named accounts and cannot be considered as ''personal'' data.


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I was informed many years ago that a DOA often just refers to portfolio of debt identified by ''reference'' numbers not individual named accounts and cannot be considered as ''personal'' data.

 

I would go along with this, the Deed is the contract and this is the bit that most people would consider "commercially sensitive" as it contains the private dealing of the thieving Financial Organisation and the bottom feeding debt buyer/DCA.

There is normally an accompanying spreadsheet or similar containing the list of accounts, balances and such, it is this document that they base their initial enforcement activities on

 

The matter of disclosure of a DOA in a court setting should never be one sided (The DCA showing it to the judge) and the "commercially sensitive" argument should hold no water at all, however we all know that judges often lack the knowledge to realise when the DCA barrister is pulling the wool over their eyes.

 

As long as we have a human rights bill, I would encourage anyone who experiences the other side disclosing a document only to the judge to appeal instantly, the judge is potentially being swayed by evidence that you are not allowed to see? how do you knwo that the document isn't offering the judge a bribe?, how do you know that what is being stated in the document is accurate, how could that be a "fair trial"


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If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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As the data in a DOA is almost if not totally neutral and shows that 'a debt/account'' was sold (which obviously it has), the amount it was sold for becomes a moot poo point as the account is one of many thousands sold for XXXXXX amount.


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http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

 

24. The second matter is that, subject to my first comment, the expression "mentioned" is as general as could be. This is not to my mind intended to be a difficult test. The document in question does not have to be relied on, or referred to in any particular way or for any particular purpose, in order to be mentioned. Subject to Mr Lightman's second point, that the mention of a document within CPR 31.14 amounts to automatic and absolute waiver of privilege in it, which if correct would give to that rule a most important effect, I do not see why there should be need for a strict approach to a request for inspection of a specific document mentioned in one of the qualifying documents. The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?

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A deed off assignment is a document where the a company has bought a debt from another company and contains signatures and the name of the original debtor.

It does not contain information from other peoples or company debts. A company might have bought a portfolio of debts from a certain company but they would be all individual deeds.

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erm threads from 2013!!

 

 

now closed

 

 

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 652 days.

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