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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice
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I have recently been to court to have a judgment for a finance

Resolved Question:

I have recently been to court to have a judgment for a finance debt set aside.
The original finance agreement statement that the DCA have produced show the balance as being a write off and £0. But this date was prior to the DCA claiming to have purchased the debt.
In addition I have not entered into, signed or seen any kind of novation agreement for the debt, or indeed have not entered into any correspondence with the DCA at all.
Finally I have also read through the orginal agreement several times and cannot find anything that suggests that the debt could actually be sold.
May I ask how you think I should proceed with this.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you attend court originally to argue this?
Customer: replied 2 years ago.

the original court hearing was at Northampton, so I went online and completed everything, but I made a mistake with the system and my defence was not filed properly, so I ended up with a judgment.

I then immediately applied for that to be set aside, which has now been done at a hearing which I did attend.

Expert:  Jo C. replied 2 years ago.

There does not have to be anything in the original agreement to stop them selling the debt to a third party or debt collection agency I'm afraid.

Because the debt has been written off by the original lender does not mean that they are not allowed to pursue you for it unless there has been an agreement in that respect.

If you agree that you will pay this money, you are going to have to come up with the defence for the court hearing which will happen at some stage in the future.

You are entitled to ask for a copy of the agreement that you signed and a copy of the assignment, giving this company the right to the debt.

If they do not produce those documents, you can defend the claim and they are likely to lose it.. Many companies, when asked for correspondence and agreements, simply do not have it because their internal systems are inefficient.

You asked how to proceed with this and it is a case of applying to court to set the judgement aside, which you will have already done, and then dealing with the paperwork as it arrives. Plus, of course, asking for the documentation that I referred to earlier.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile
Customer: replied 2 years ago.

I understand your reply and would like to ask you to confirm one point please, you said that I can ask for the deed or proof of assignment, I had already asked for this. But their reply was that they have a rolling agreement with the finance company to purchase the debts.
Is it correct that such a rolling agreement would legally replace the need to have done an actual assignment of the debt or to produce such if asked for it.


Optional Information:
System of Law: England-and-Wales

Already Tried:
A previous question that this is relevant to.

Expert:  Jo C. replied 2 years ago.

Rolling agreement and if they have a rolling agreement, you want a copy of it. Tell them that.

It may be that the agreement does not actually give them the right to pursue you for this debt.

They can only take you to court if the debt is there is, not if the debt still belongs to the loan company.

If it still belongs to the loan company, then the loan company must instruct solicitors
Customer: replied 2 years ago.

Thank You.

Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

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