Court Claim Claimant is no longer the debt owner

[moomoomoo]

Good Morning, I have a court claim issued to me in 2022 which was stayed as the solicitor acting for the DCA couldn't provide the relevant documentation. Around 6 months ago I was sent a notice of assignment to say the debt had now been transferred to different debt collector but with the same solicitor.
The solicitor has now provided me with the "documents" loosely the CCA is not worth the paper it's written on but they are continuing to court even though the claimant is no longer the account holder.
Am I missing something or are their internal departments just not talking to each other. I will go to court with it anyway but am I right in thinking that if it's already been assigned elsewhere then the original claimant shouldn't have a claim ?

[atticus]

The correct claimant can be substituted under CPR 19. Just a warning that they may try this. In the meantime you can tell the court that you owe this claimant nothing.

[moomoomoo]

Ok I will do, thankyou

[moomoomoo]

Afternoon,

I wonder if any of you can help at all. The DCA solicitors have submitted N244 and applied for summary judgment. I have a court date in February to attend, it doesn't ask for any witness statements to be provided.

I presume they will just review my defence submitted in 20233 before the claim was stayed. The claimant is no longer FCA registered or the owner of the debt, is there anything I can send into court or amend my defence or should I wait for the hearing to bring these points up.
Still no CCA has been provided.

Many Thanks

[Pezza54]

Hi
Please read the article "What is a summary judgement and how does it work?" at www.harperjames.co.uk

The DCA solicitors would have provided a witness statement with their N244 Application. The solicitors must believe that your defence has no realistic chance of success, so have requested judgement without a trial

The article above (following cpr) states the latest times witness statements and evidence should be filed and served by the applicant and recipient

Make sure you meet these deadlines and cover events (in chronological order) in your witness statement in full particularly the fact that you have still not received the CCA

[atticus]

CPR part 25 and Practice Direction 25 contain the procedure on summary judgement applications, including relating to statements. You should serve your statement at least 7 days before the hearing date.

[moomoomoo]

Thankyou, I will read up on both.

[echat11]

You need to go though the documents they have provided.

Is the CCA compliant?
Have they provided T's and C's if the agreement has been 'Varied'?
Is the Default Notice compliant?
Is the Notice of Assignment compliant?

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

https://lawzone.legal/when-is-a-cred...0unenforceable.

Examples of Witness Statement -

https://legalbeagles.info/forums/for...ess-statement/

Posted for information only - https://hallellis.co.uk/preparing-witness-statements/

[moomoomoo]

It appears more has happened on this case as the DCA Solicitor has also filed N244 to change the claimant name on the court paperwork. The judge has ordered the claimants solicitors to bring the Deed of Assignment and a full statement of my account with the original lender along with them to the court hearing for summary judgment hearing in February.

The Original letter from Virgin to the DCA pertaining to be what the DCA is relying upon as "notice of assignment" Says that the account has been transferred to DCA ( |No address) and I now owe them not Virgin. There is nothing about assignment or/of Rights/Securites/Interests, just says the balance is now owed to them. I dont think this constitutes a valid NOA, but does anyone know where I can find what the correct detail/format should be and whether this would be acceptable or could I argue it's defective ?

Many thanks

[echat11]

It appears more has happened on this case as the DCA Solicitor has also filed N244 to change the claimant name on the court paperwork. The judge has ordered the claimants solicitors to bring the Deed of Assignment and a full statement of my account with the original lender along with them to the court hearing for summary judgment hearing in February.

The Original letter from Virgin to the DCA pertaining to be what the DCA is relying upon as "notice of assignment" Says that the account has been transferred to DCA ( |No address) and I now owe them not Virgin. There is nothing about assignment or/of Rights/Securites/Interests, just says the balance is now owed to them. I dont think this constitutes a valid NOA, but does anyone know where I can find what the correct detail/format should be and whether this would be acceptable or could I argue it's defective ?

Many thanks

There should clearly be more detail then provided in the Notice of Assignment.

Does the letter have your address on it?

[moomoomoo]

Yes it contains my address, and Virgin Moneys, but not any details other than the name of the DCA.

[echat11]

Can you upload it without personal details / reference numbers.

[moomoomoo]

Yes I can, thankyou and will do so over the weekend. Interestingly there is no reference number at all or value of balance that's "moving" to the DCA.

[moomoomoo]

This is the letter, with my name/date taken out

[moomoomoo]

This is what they have supplied as the Credit Agreement!