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court claim advice

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  • 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 :-)
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  • #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

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    • #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?

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