Do you actually have a link or source to back this up?
The FOS have been treating my complaint against the debt buyer the same as if I had made it against the original lender. Maybe I should tell them that I can't make a complaint against the debt buyer because they seem unaware.
When the lender sells the loan the debt buyer becomes the creditor on the agreement and is responsible for ensuring the agreement meets regulations, including complying with affordability.
Reading this forum in the past would have you believe that redress can't be set-off against debt that has been sold to third parties. But the FOS have turned that on its head. It's all linked imv. You can't have the FOS instructing companies to pay redress to third parties, but saying consumers have no recourse against third party accounts when the original lender is bust.
The thing I'm really struggling with here and I really appreciate your patience on this is because I have admitted the debt to the previous debt collection agency.
Surely that constitutes me needing to continue paying now that it's been transferred to a new DCA?
I guess I just don't understand - all I do understand is it's making me feel sick, seems like i'm going to be on the hook for this £29k for years of my life. Sad too tat my ex who was 50% on the mortgage seems to not have to worry about any of this and has obviously not paid anything over the years or the balance would be further down.
How come its all on me? Surely I am entitled a life?
I am just tidying up the above and noticed something that I'm not sure is important or not. On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016. The letters I received were all dated 24th November 2016
Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site? I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?
Why do you need to write what down please?
AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.
DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.
Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party
As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016.
What should I do with them now?