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  • Debt Purchaser Court Claim

    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?

  • #2
    Hello welcome:- could you start a diary giving much detail as possible, then look around site and see how we like to be able to follow your diary etc

    Type of account (credit card/loan/overdraft)
    Date commenced
    Approx balance
    Date last paid (approximate date you last made a FULL payment)
    Are you on arrangement or not paying
    Status (default/in arrears/up-to-date)
    Account owner (who is writing to you, a DCA or the lender or a debt purchaser)
    Last edited by The Tech Clerk; 5 January 2022, 23:43.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Colin G Quinn
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Hi thanks for the reply, ill move this into the debt diaries section
        Last edited by Topher; 6 January 2022, 09:36.

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