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Hi all, really interesting reading all the info around the site, lots of it is very helpful.
Ive been sent a debt claim from a debt purchaser by the bulk business court. Im curious about the process from application to hearing. I think this is how it works. They send a claim for, then you file the acknowledgment this gives 28 days to submit a defence and counterclaim. If the case continues its relocated to a county court near the defendant and the hearing takes place there. Is this correct?
Im sending off the AOS along with a request for the documents in the particulars of claim.
allegedly this devt has been with the purchaser since 2017. Around that time they sent me a notification claiming they were the new legal owners. I responded by sending them 3 notices for disclosure of documents of title each a month apart. They did not reply to any of them and i didnt hear from them for 4 years.
in the notice of assignment I received from the alleged assignee it implies there is an agreement between myself and it. At the time i also requested this in the notice for disclosure. My point is obviously contracts are non-assignable, so how is the debt purchaser stating in a notice there is an agreement that they can change the terms of whenever they feel like. Im leaning towards fraudulent misrepresentation or negligent misrepresentation on that as there never has been any agreement, all they are alleging is that theu purchased a chose in action. I am wondering if this can be my counterclaim against the debt claim their making, has anyone come across this before or know if this is domething that can be pursued?
Ive been sent a debt claim from a debt purchaser by the bulk business court. Im curious about the process from application to hearing. I think this is how it works. They send a claim for, then you file the acknowledgment this gives 28 days to submit a defence and counterclaim. If the case continues its relocated to a county court near the defendant and the hearing takes place there. Is this correct?
Im sending off the AOS along with a request for the documents in the particulars of claim.
allegedly this devt has been with the purchaser since 2017. Around that time they sent me a notification claiming they were the new legal owners. I responded by sending them 3 notices for disclosure of documents of title each a month apart. They did not reply to any of them and i didnt hear from them for 4 years.
in the notice of assignment I received from the alleged assignee it implies there is an agreement between myself and it. At the time i also requested this in the notice for disclosure. My point is obviously contracts are non-assignable, so how is the debt purchaser stating in a notice there is an agreement that they can change the terms of whenever they feel like. Im leaning towards fraudulent misrepresentation or negligent misrepresentation on that as there never has been any agreement, all they are alleging is that theu purchased a chose in action. I am wondering if this can be my counterclaim against the debt claim their making, has anyone come across this before or know if this is domething that can be pursued?
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