Asking for A Claim To Be Struck Out

[Guest]

I intend to apply to the court for a claim against me to be struck out. The reason for this is that it has been issued by a debt collection agent. The agent works on a commission of any fees recovered and has not been assigned the debt.

I am aware that in this circumstance, the agent cannot claim in court against me as the assignment is not absolute. The claimant on the POC should have been the original debtor (whom I am in dispute with).

Is there anything anywhere that I can quote regarding this? I've had a look through the Law of Property Act and cannot find anything. I'm not sure whether the Consumer Credit Act is applicable in this instance, there was a simple signed agreement for services but it did not comply or come under the CCA.

Any advice on where to find relevant wording would be appreciated.

Thank you in advance.

[enquirer]

Re: Asking for A Claim To Be Struck Out

The reason for this is that it has been issued by a debt collection agent. The agent works on a commission of any fees recovered and has not been assigned the debt.

I am aware that in this circumstance, the agent cannot claim in court against me as the assignment is not absolute. The claimant on the POC should have been the original debtor ...

(1) The DCA is not owed the money. (2) The DCA is not truly acting on behalf of the person to whom the money is, or is not, owed. Attach documents confirming these two points. The claim is without substance.

That's it. Keep it simple.

[Guest]

Re: Asking for A Claim To Be Struck Out

Thanks-The DCA will not communicate with me. I have asked repeatedly for confirmation of status but they ignored my letters. They then issed a claim against me and have since ignored 2 requests under CPR18 for confirmation of their status.

Therefore, I have no documents to attach. I was hoping there might be something in statute that I could quote?

[enquirer]

Re: Asking for A Claim To Be Struck Out

Therefore, I have no documents to attach.

All the pre action correspondence.

This shows that you have put them to proof, and that they have refused to reply. It shows who the creditor really is (or might be, as they have declined to issue a claim themselves), and that the alleged debt has not been sold on.

You need to show that the claim is 'completely unfounded and without any prospect of success'. More crudely, you need to show that the DCA is a hopeless chancer trying it on.

Without supporting documents, the judge reviewing the striking out application will be unlikely to accept it.

[CleverClogs]

Re: Asking for A Claim To Be Struck Out

Which DCA is it?