Upcoming Court case, Claimant no longer owns debt?

Nicey75

Hi, wonder if someone could give me some advice.
I have a court case to dispute a debt from a payday loan provider. I am disputing this as they have utterly failed to follow any form of reasonable debt collection protocol.
However, I received notification from the company's legal representatives that the debt is now owned by a completly different company and they are representing the new owner of the debt.
Therefore I will be attending court next week but the debt dosent belong to the claimant?

[Deleted User]

What protocol are you referring to here?

Nicey75

Hi, the pre Court action protocol. However my question is more about the ownership of the debt.

SnowTiger

Nicey75 wrote: »

Hi, wonder if someone could give me some advice.
I have a court case to dispute a debt from a payday loan provider. I am disputing this as they have utterly failed to follow any form of reasonable debt collection protocol.
However, I received notification from the company's legal representatives that the debt is now owned by a completly different company and they are representing the new owner of the debt.
Therefore I will be attending court next week but the debt dosent belong to the claimant?

Nicey75 wrote: »

Hi, the pre Court action protocol. However my question is more about the ownership of the debt.

Debts can be sold.

Tesco recently sold its mortgage portfolio (debt).

You should have received correspondence telling you your debt was sold.

As for complying with the pre-action protocol; who knows what a judge will decide?

If the legal representatives of the owner of the debt turn up at court with a wodge of paperwork containing letters they sent you, the judge might believe they did comply with it.

The judge will probably ask you why you didn't repay the payday loan on your payday. And will also probably want to know what efforts you have made to repay it.

If you've done little or nothing to repay the loan, the judge may deduce you've been trying to avoid it and filed correspondence in the bin.

boo_star

You're not going to win based on technicalities. I thought the school holidays were over?

If you owe money you will, at least, be ordered to pay that money back.

Nicey75

Haha, perhaps you didn't read my question, about the claimant in the court case not owning the debt anymore.

Nicey75

I am aware that companies can sell debts.
My question was about the fact that the claimant in the upcoming court case no longer owns or holds any rights with regards the debt

[Deleted User]

Who are we taking about here?

Is this debt with a lender?

Nicey75

Yes, a lender sold it to Asset, who instructed TM to commence legal procedings. TM sent me notification that THEY had sold the debt to another company. Yet court case is already scheduled. Me v Asset.

fatbelly

You are correct, The claimant has to get court permission to change the name of the claimant.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a

You should of course attend. You should find that that has happened.

If it hasn't happened the case should be stayed until that is sorted out.

Skools_Out_2019

boo_star wrote: »

... I thought the school holidays were over?
...

Only for some (many?)

For the last of us, nearly all of us will be at our desks in the next 30 minutes