The right to sell an Agreement...

[jackospades]

While we all know an OC will assign when they can't be bothered to handle the debt themselves, and we end up dealing with a DCA. The entitlement to do this is usually written into the original agreement.

 

However, even when they assign/sell off the 'rights and duties' to a 3rd party..does that 3rd party also inherit the right to sell off the debt to a 4th party, with all the rights and duties ?

 

The reason I ask this is that where the Agreement defines 'we' and 'you' , the 'we' is described as the name of the OC (Barclaycard for example) not 'and/or' any subsequent 3rd party. This seems to me to state that the legitimate right to assign is solely the right of the OC. If the reassign rights were meant to be transferable then wouldn't it say 'we' is (name of Bank) or any company we have sold/reassigned the rights and duties to ?

 

Where people are dealing with a 3rd, 4th or 5th DCA...is the process where one DCA sells to the next, or do the DCA's always return the agreement back to the OC for them to sell on again ?

 

Has anyone any experience of how the process works ?

 

In addition, if the OC sells to an Agent, then the Agent sells to a DCA...does the Agent have the right to sell too, or should they return the agreement back to the OC for them to deal with ?