Debt Sold/Transferred proof?

[pipsaholic]

Hi,

If for example a bank pass/sell on a debt to a debt collection agency there has to be some sort of paperwork for this to go through? Can we ask for this transfer of ownership of the debt through the courts and if they don't come up with the documentation isn't that illegal?

Thanks.

[charitynjw]

Re: Debt Sold/Transferred proof?

Hi

Hi,

If for example a bank pass/sell on a debt to a debt collection agency there has to be some sort of paperwork for this to go through?
Normally, yes.
Can we ask for this transfer of ownership of the debt through the courts
If there is a court claim, yes. You can also ask for disclosure via Civil Procedure Rules (Part 31).
If a court claim has not yet been issued, but is being threatened (ie Letter Before Action), you could ask via Pre-Action Protocol.
and if they don't come up with the documentation isn't that illegal?
Not necessarily illegal, but it could be unreasonable conduct, which may give the prospective Claimant some problems.
However, if the documentation is for certain types of agreement (credit card, loan etc) regulated by the Consumer Credit Act, & you make a request via s77, 78 or 79 CCA 1974, if they do not comply within 14 days they cannot enforce a court claim until they do fully comply.

Thanks.

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[pipsaholic]

Re: Debt Sold/Transferred proof?

Hi,

If for example a bank pass/sell on a debt to a debt collection agency there has to be some sort of paperwork for this to go through?
Normally, yes.
Nowadays isn't this digital however sometimes you can request a hardcopy document?Can we ask for this transfer of ownership of the debt through the courts
If there is a court claim, yes. You can also ask for disclosure via Civil Procedure Rules (Part 31).
If a court claim has not yet been issued, but is being threatened (ie Letter Before Action), you could ask via Pre-Action Protocol.
Could a pre action protocol be more beneficial to the debtor before a court claim form arrives so he/she could put down that he/she had requested this and the claimant failed to provide sufficient documentation on the particulars on the witness statement or is it best to wait for the court claim to arrive then start the procedure?
and if they don't come up with the documentation isn't that illegal?
Not necessarily illegal, but it could be unreasonable conduct, which may give the prospective Claimant some problems.
However, if the documentation is for certain types of agreement (credit card, loan etc) regulated by the Consumer Credit Act, & you make a request via s77, 78 or 79 CCA 1974, if they do not comply within 14 days they cannot enforce a court claim until they do fully comply.

Once these time limitations 7 days for CPR and 14 days for CCA etc if these are violated then does the claimant request to submit an order with a fee to get the case struck out or discontinued or is it done all automatically when the judge reviews it?

Do you have to prepare a speech at court and your arguments if it gets that far? Your arguments on the witness statement or judge questions you on it?

Thanks.