Can a debt collecting company obtain a judgement if they dont own the debt.

[DaiYanto]

Hi, any help would be appreciated.
1. On what basis can a debt collection company obtain a judgement and charging order in their name if the debt hasnt been assigned to them? There is no mention of the original lender in the paperwork, the debt was still live on the accounts of the original lender several years after the judgement.
2. The lender was then bought by another bank a few years later, assigned the debt to a debt company two years after that and has been settled. On what basis does the original debt company still hold anything?

[atticus]

Has judgment been obtained? If so, and on the basis you suggest, apply to set it aside. What you say suggests a strong defence that you have no liability to this claimant.

[DaiYanto]

Judgement and charging order. Just to be clear, they have to have title to the debt to sue? Or if they sue on behalf of the lender they have to make that clear in the summons? ta.

[atticus]

Erm, yes

[DaiYanto]

Ok, just to clarify. I have established that the company that hold the judgement and charging order never had title to the debt. The company that did own the debt has been settled several years ago. The company that holds the charging order are refusing to remove it because the judgement and C/O are timed out. (it was fifteen years ago). Can they hide behind the six year rule if, as it seems, a fraudulent judgement? How do I get it removed? Can I just prove to the Land Registry that its been settled?

[dslippy]

The land registry will follow the court decisions as they appear.