Terminated agreement on sale of debt to DCA

[Empire Strikes Back]

My debt with Citi card was sold to Hillesden Securities, Citi have stated that charging off an account to a DCA does not terminate the agreement between myself and Citi so they did not need to send me a default notice before defaulting me. In the deed of assigment sent to me from Hillesden it states that all of the sellers (in this case Citi) rights, title and interest in and to the Accounts and account agreements pass to the buyer on completion of the sale. Surely this means that the agreement with Citi has terminated upon the sale to the DCA.

Any help with this would be great as I need it to contradict Citis witness statement if indeed the agreement was terminated by them selling the account

[Empire Strikes Back]

Anyone got any ideas, need to find this out urgently, have looked at the deed of assignment and it looks like they might have terminated the agreement when they sold this debt but am not 100% sure

[tomterm8]

They are right,the innocent party can chose whether to terminate the agreement or not, HOWEVER if they were to fail to send you a default notice, and then try reclaiming all the money in a court their claim would be dismissed on procedural grounds (the court could only enforce the monthly payments + reasonable late charges).

 

has this gone to court yet?