• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

court claim advice

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • court claim advice

    hi guys,

    i have a debt from 2008 which i have been making very small payments monthly for, it has been through quite a few different debt collection agencies the lastest one, Idem Servicing issuing the claim in the county court. In the court papers the company says it bought the account in october 2013 which would obviously give the company the authority to commence legal proceedings but upon asking for a copy of a deed of assignment they are hesitating, saying that the notice of assingment is sufficient. Im under the impression that they actually do not have a deed of assignment and therefore do not own the account and therefore they are bringing this claim without authority? Can anyone clear this up for me please and if possible, explain if the notice of assignment would cover them?

    any advice appreciated, thanks :-)
    Tags: None

  • #2
    Re: court claim advice

    Hi Ihew & welcome to LB

    Have you been given a Notice of Assignment, 'under the hand' of the assignor, informing you of the new assignee?

    The deed is basically the agreement between the assignor & assignee.
    Was the deed mentioned in the Particulars of Claim?
    Have you requested special disclosure of the document?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: court claim advice

      Hi charitynjw and thanks for replying :-)

      I was sent a notice of assignment a few years back. I have never received a deed of assignment. The deed is not mentioned in the claim however it states that idem purchased the account in October 2013. I have read online that without a deed of assignment, idem would not own the account and therefore i should not have a case to answer to them, is this possible?

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X