Debt purchaser and counterclaim

[Roger]

Here's the Problem!
DCA's contracts with Lenders. These documents are unique and thrashed out with rights and duties between the parties DCA and individual lenders.
Complex Private Commercial contracts between Private Businesses and also referencing the domestic Laws and regulators of a specific Country.
Notice there is a difference between Scottish and English Law and the Consumer Credit!

These are Private Commercial Business Agreements! Commercial and therefor NOT to be made available to Competitors!

Do you have a Professional Indemity?
Lawyers have Professional Indemities they are also regulated by Professional Bodies. Lawyers rights are recognised by the Courts as part of the legal system. Indeed as Officers of the Courts.

We are just Consumers and Our Protection or otherwise is CCA1974 (and as amended and updated) .
The Best advice from a Judge which I was once told was GO AND GET YOURSELF A LAWYER!! Guess what I thought I knew the Law and I was wrongfooted!

Some get lucky BUT the reality is you risk being struck out and seen as trying to avoid paying your DEBT. A Debt that you ran up and benefited from and then later found you couldn't Pay or won't PAY! Now you are simply trying to find an imaginary and or otherwise loophole.

ITS THE TRUTH ISN'T IT YOU ARE JUST LOOKING FOR A WAY TO AVOID PAYING YOUR DEBT!

The CCA1974 and its strict Rights and Duties protects the Consumer. BUT should it protect the wastrel running up DEBTS and then seeking to avoid them! Its a fine line isn't it?

AAD has many whose lives were ruined by BAD lending! Lenders pushing Debt on those who actually couldn't afford it! Often without respecting the Consumer's Rights!

My sentiment's are with those victims of the Banking Crash! One Day Good for Business and the Next Out Of Work and Uncreditworthy.

I know what happened to Me and the hounding that followed with a trashed Credit Rating. Victims!!

You do not come across as a Victim and the Court will see through this!
The Law has discretion over facts and its belief in those facts! Did you or didn't you Borrow and have benefit from your DEBT!
That's one fact that does sway many Court's and certain Judges! In practice Consumer Law is a Judge LOTTERY!!

[Still Waving]

Hi

Roger has summed it up very succinctly "We are just Consumers". We are not equipped to engage in complex legal arguments of claim and counterclaim on your behalf, or to be sounding boards for your proposed defence.

You have been told on this thread by a qualified solicitor -"Unfortunately the argument you are making is not accepted in the English Courts. In the English Courts accounts can be assigned both equitably and legally." But you seem to be disregarding this input.

[Topher]

Defence was filed last day of jan, letter of reciept from the court and mortimer clarke. Mortimer clarke failed to respond to my earlier CPR 31 request, they did acknowledge the defence, but said the claim is on hold and no further action will be taken until they recieve instructions from cabot uk. Called the court, mortimer have not stayed the claim, failing to receive a response i’ll call the court early march to check the status. Atm its looking like it will be stayed due to no response to my defence…

[Topher]

Worth noting i decided not to make a counterclaim at this stage as there has not been enough information provided by the claimant for me to do so properly. I did notice the court and claimant i intend to make a counterclaim should they provide the documentation disclosed in the particulars of claim, i noticed the court in advance as it will have to ask permission so hopefully that justifys my request if i do need to make the counterclaim. It will most likley be for an unfair relationship because of unfair terms as described in the consumer rights act. But theres too little information atm for me to fully contemplate that.