Re: Advice please - court claim received
Very nicely explained.
Originally posted by Kafka
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The issue here is about the Assignment and whether they have a right to sue you for it. By filing a claim they have declared that they own the account and that it was properly assigned to them. If you challenge them they can't do it now because they are required to prove that they did it properly in the first place.
Assignment is important because otherwise any DCA could claim to own an account and take action. I had 3 chasing me last year for a small debt that I settled in 2011 with one of them. DCAs are notoriously bad at paperwork and many deceitfully claim to own debts that they don't. When they do file they work on the principle that most people won't fight them and they will win, so they can afford to lose most of the claims. Bear in mind that they only pay around 5% of the face value for each one, so if they get the full payment for a few they can forget the others that are harder to collect. These people look for easy money and their attitude to you changes when they see you can and will fight back.
Assignment is important because otherwise any DCA could claim to own an account and take action. I had 3 chasing me last year for a small debt that I settled in 2011 with one of them. DCAs are notoriously bad at paperwork and many deceitfully claim to own debts that they don't. When they do file they work on the principle that most people won't fight them and they will win, so they can afford to lose most of the claims. Bear in mind that they only pay around 5% of the face value for each one, so if they get the full payment for a few they can forget the others that are harder to collect. These people look for easy money and their attitude to you changes when they see you can and will fight back.
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