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Debt collectors proof of assignment a few questions

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  • Debt collectors proof of assignment a few questions

    Does the new debt collector need to provide the deed of assignment as proof they can take you to court to claim a deb owned?.

    Where debt is purchased, where it is in a ledger of many debts purchased by the debt collector, do they have a deed of assignment? if not then, is it true the debt collector has no legal standing on collecting any debt in court.
    Do debt collectors send a copy of the deed of assignment when asked by the debtor, they will send you a notice of assignment but without a deed of assignment can they take you to court?
    if they do take you to court, can you ask them to prove there is a deed of assignment prior to going to court ? as you will reply on this in your defence ?
    What if the debt has been sold on many times do they need to show a chain of deed of assignments prior to them purchasing this debt.

    A notice of assignment that is sent is normally sent in the same letter as the letter from the new debt collector. Can you check with the original lender and ask them to send you a copy of the notice of assignment? Reason I ask this is why would the new debt collector send you the notice of assignment from the original lender? What if the debt collector created this letter themselves, we should check yes? or No? You could ask just to make sure there is an assignment.

    Also what is the CCA ? is this the application form you signed ? or is it the terms and conditions of the contract which may have been a different document? e.g. when applying for a mortgage, you fill in the mortgage application form, you then have a mortgage offer, or is it the terms and conditions that is sent to you. When you ask the debt collector to send you a copy of the agreement/contract what do they need to send? the application form with your signature? the terms and conditions doc? or both?

    Thanks
    Last edited by 1PI1; 19th September 2016, 18:18:PM.
    Tags: None

  • #2
    Re: Debt collectors proof of assignment a few questions

    Notice of assignment only not debt collectors BUT Debt Purchasers you would receive 2 letters 1 x sold debt and 1 x bought debt , these days in the same envelope.

    CCA consumer agreement 1974


    got the gut feeling you been looking @ FOTL site ah

    suggest you look through threads also may help if you give information as to the type debt etc

    help can be afforded then if we have the full picture O.K?

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