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Sold debt and unaffordable lending

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  • Sold debt and unaffordable lending

    Hope someone can shed a little light if a debt has been sold on can the new owner of the debt persue it through court if a unaffordable lending claim is being Perseud
    with the original lender,
    Tags: None

  • #2
    You can hardly accuse the buyer of the debt of irresponsible lending. You would need to bring a separate claim against the initial lender.
    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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      You can hardly accuse the buyer of the debt of irresponsible lending. You would need to bring a separate claim against the initial lender.
      not accusing the buyer if you read the post correctly I am asking if the new buyer can start court proceedings if there is a claim for irresponsible or unaffordable lending being persued against the original lender.

      Comment


      • #4
        Thank you for clarifying your original post.

        The answer to the new question is yes, but you may be able to defend on the ground that your claim against the original lender means that you owed it nothing; the assignee can have no better claim than the assignor would have had if it had not sold the debt.
        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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          What you should do is lodge a complaint (affordability) with the original lender, follow their complaints procedure, then the FOS if the complaint isn't resolved.

          Comment


          • #6
            Originally posted by echat11 View Post
            What you should do is lodge a complaint (affordability) with the original lender, follow their complaints procedure, then the FOS if the complaint isn't resolved.
            Thank you very helpful

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            • #7
              https://www.financial-ombudsman.org....rdable-lending

              Comment

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