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Debt subject to CCJ / CO sold on -- Legal or not


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Hi there

This has been raised before but I couldn't get any really satisfactory answers.

 

If a debt subject to a CCJ / CO is sold on what is the legal position -- the Court says XXXX owes money to YYYY and not ZZZZ. So if ZZZZ demands money surely until they get a Court amendment they are DEMANDING money without authority and presumably could even be guilty of EXTORTION - a CRIMINAL act.

 

As they also have no power (IMO) to collect the debt can they demand any interest that the original CCJ might have allowed from the date they took the debt over or the date of transfer of the CCJ if they get the Court judgement altered.

 

Also can the change of Court judgement be challenged if the DCA is mad enough to attempt it.

 

I'd be prepared to tell them to Foxtrot Oscar and see if they threaten any sort of Court action --if they do they won't have a leg to stand on since the existing (and current) judgement says pay YYYY and not ZZZZ.

 

There seems to be a load of these types of debts changing hands at the moment -- largely because of the doldrums in the property market people with CO's are just sitting there for YEARS so the DCA's / OC's aren't getting what they thought would be an easy way of recovering their money quickly.

 

Some decent clarification on the law would be greatly appreciated here.

 

Thanks

jimbo

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No, the debt can be sold on. There should be a notice of assignment

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