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hunterandthehunted

Uncle buck / moriaty law - n279 NoD/Now Assigned to Asset

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uncle buck/moriaty law (the claimants) served me with an N279 notice of discontinuance in February

which i thought was the end but today uncle buck have gave me the usual threats about what will

happen if i dont pay... yep you guessed it!! court action..

 

i am wondering why they discontinued in the first place.

 

best regards


regards

hunterandthehunted

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Well they cant do court action again from my understanding. Im guessing this is an MMF debt passed to Mor Law?


 

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Well they cant do court action again from my understanding. Im guessing this is an MMF debt passed to Mor Law?

Hi,

Actually it never went to a DCA, Moriarty law where the acting solicitors for uncle buck and on the discontinuation notice it says amount due £0.00.

 

As uncle buck are now stating that the account has been recalled and is still outstanding my worry is that they will

sell it to a DCA and the process will start all over again.


regards

hunterandthehunted

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no-one ever sells to a dca, that is the point. They pass it on but the dca is just a mouthpiece and cant do anything other than make noise

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no-one ever sells to a dca, that is the point. They pass it on but the dca is just a mouthpiece and cant do anything other than make noise

 

so after the discontinuation can the OC pass it on to another DCA and then go to court again.

if the answer is yes what is the point of the discontinuation apart from it can no longer become statute barred


regards

hunterandthehunted

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what is the point of the discontinuation apart from it can no longer become statute barred

 

Why?


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A notice of Discontinuance simply stops a ongoing claim..the claimant can represent the claim with permission of the court.

 

A notice of Discontinuance has no connection to statute barred.

 

A court claim can stop the clock on limitations.....if its discontinued then the clock starts to tick again from when it stopped.

 

Some DCA do buy debts...Lowell/Cabot/Moriarty/Arrow/1st Credit/Link/Hoist to name a few.


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A notice of Discontinuance simply stops a ongoing claim..the claimant can represent the claim with permission of the court.

 

A notice of Discontinuance has no connection to statute barred.

 

A court claim can stop the clock on limitations.....if its discontinued then the clock starts to tick again from when it stopped.

 

Some DCA do buy debts...Lowell/Cabot/Moriarty/Arrow/1st Credit/Link/Hoist to name a few.

 

hi andy,

i understand that the claimant needs permission from the court to represent the claim but are they allowed to pass on the debt or sell to another DCA thus allowing the DCA to start another claim without permission from the court.

 

yes so the statute barred clock has been reset... crafty buggers


regards

hunterandthehunted

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Yes they can still assign it on to another debt buyer..but I will state that I have never seen it happen on a discontinued claim...you may get chasers but thats all..they cant litigate..

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Yes they can still assign it on to another debt buyer..but I will state that I have never seen it happen on a discontinued claim...you may get chasers but thats all..they cant litigate..

 

thanks andy,

i will post back if another claim is made.


regards

hunterandthehunted

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hi andy,

i understand that the claimant needs permission from the court to represent the claim but are they allowed to pass on the debt or sell to another DCA thus allowing the DCA to start another claim without permission from the court.

 

yes so the statute barred clock has been reset... crafty buggers

 

No the sb clock is NOT reset read andy's post properly!!


..

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No the sb clock is NOT reset read andy's post properly!!

 

LOL... I see DX,

thanks for that:whoo:


regards

hunterandthehunted

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update...

 

just received this e-mail by uncle buck

 

Dear Mr...........

 

Goodbye

 

 

We would like to inform you that Uncle Buck Finance LLP have assigned the legal and beneficial rights, title and interest in respect of the above referenced account to Asset Collections & Investigations Limited.

 

Asset Collections & Investigations Limited are authorised and regulated by the Financial Conduct Authority (reference number: 708400). They will contact you shortly and provide you with the Notice of Assignment, confirming the purchase of your debt.

 

All future payments and correspondence regarding this account must be directed to Asset Collections & Investigations Limited using their contact details below:

 

 

Customer Portal: https://secure.assetcollections.uk

 

Email: contact@assetcollections.co.uk

 

Telephone: 0330 808 1580

 

Asset Collection & Investigations’ office is open 8:00am – 7.00pm Monday to Thursday and 8.00am – 5.30pm on Fridays.

 

Post Asset Collections & Investigations Limited (ACI), Unit 1 Neptune Court 49, Whitehills Business Park, Blackpool, Lancashire, FY4 5LZ

 

Regards

Collections Department

Uncle Buck

http://www.unclebuck.co.uk


regards

hunterandthehunted

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I have updated your thread title hunter.

 

Regards

 

Andy


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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?


regards

hunterandthehunted

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already defaulted is it not?

 

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?


regards

hunterandthehunted

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urh?

 

the debt is already defaulted

 

bogpaper unless they change the registered defaulted date on your file which they cant

against ICO rules.


..

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there is nothing on my credit file regarding this debt.

how would i argue that the debt is already defaulted?


regards

hunterandthehunted

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you don't.

 

when did you take this account out?


..

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strange its not showing on your credit file then

are you at the same address? still


..

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yes been at the same address for over ten years.

does the OC have to issue a DN before selling the debt on?


regards

hunterandthehunted

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No....nor default it....but if everything is tickety boo with the arrangement why assign it ?

 

Any account assigned to DCA must have broken down and been terminated...as a DCA can not offer live credit credit arrangements...only collect.

 

 

Andy


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