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Court Claim Claimant is no longer the debt owner

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  • Court Claim Claimant is no longer the debt owner

    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 ?
    Tags: None

  • #2
    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.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Ok I will do, thankyou

      Comment

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      SHORTCUTS


      First Steps
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      Income/Expenditure
      Acknowledge Claim
      CCA Request
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      Subject Access Request Letter
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