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Can a DoA be proven

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Can a DoA be proven

Post by 1saberwow on Sat Jun 17, 2017 5:54 am

Most dcas send us out a letter stating that they have a DoA.The dca letters tell us that ALL they have to do is send out the NoA and that is all that then have to show as evidence that they have a DoA by their NoA. How do we know that any dca has a DoA and not a Sales Agreement? If a dca has a DoA that this allows the dca to only change the name of the OC. As the dca has taken over as the new OC that they can only replace the name of the old OC and nothing else as stated by faljay. Would i be correct in saying that if the dca has no DoA that they cannot make any change to the name of the OC in the default notice. So by checking out our credit score and seeing no name change in the default notice that there has been no DoA issued to any dca claiming to have a DoA? I would think that any dca that was issued with a DoA would replace the name of the old OC as soon as possible. So if no name had been changed that this is proof that no DoA has ever been issued as why would a dca want the OC to get the alleged money from the alleged debt and not themselves?
Also if there is no name changed in the default notice that if we are taken to court over our alleged debt that we can show as evidence of the OC not been changed. As how can a dca prove to be the new OC as the old OC name has never been changed?

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Re: Can a DoA be proven

Post by Ausk on Mon Jun 19, 2017 10:57 am

1saberwow, perhaps add something like this to the first of the 3 letters"

I require you to provide a sworn affidavit in accordance with The Bills of Exchange Act 1909, verifying your claim that I am indebted to your Collection Agency in any way.

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Re: Can a DoA be proven

Post by daveiron on Mon Jun 19, 2017 11:47 am

Post by ceylon ,posted 24/11/2013 on the old site

Lord Denning states in the Pelias ConstructionCase (Van Lynn Developments v Pelias construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract".

hope this helps

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Re: Can a DoA be proven

Post by Ausk on Mon Jun 19, 2017 12:18 pm

@daveiron wrote:Post by ceylon ,posted 24/11/2013 on the old site

Lord Denning states in the Pelias ConstructionCase (Van Lynn Developments v Pelias construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract".

hope this helps

Funtastic; All we need to do now is find out if English Court Decisions can be used in Aus courts and if so then we have them by the short and curleys regarding the DOA.

thanks cylon, cheers


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