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Can a debt collector take me to court and obtain a judgement on behalf of the original lender without the debt having been assigned to them? The debt was never assigned.
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Hello
If you are asking whether a debt collector can issue a claim in the name of the lender and obtain judgment on their behalf, the answer is yes.
If you are asking whether a debt collector can issue a claim in their own name on behalf of the lender then the answer would be no, unless the debt has been assigned to them. In this situation, the debt collector has no legal title to the debt, they are merely enforcing it on the lender's behalf so they cannot bring a claim in their own right. In legal speak, the debt collector would have no legal standing and you should be able to have the judgment set aside with costs.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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The answer is in the words "on behalf of".Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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So the judgement and charging order is in the name of the Debt company, there never was a deed of assignment and their own paperwork confirms this, it is however over six years old, can I challenge it as the charging order is still outstanding but they never had title to the debt.Comment
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judgement 6 years ago?Last edited by atticus; 10th June 2022, 21:08:PM.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Yes but they never owned the debt, the SAR they sent me proves it.Comment
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