The theory is that they have to prove the task to be the real party of interest. This is much easier to do with the forward flow. The unfortunate aspect is that some courts allow these incomplete sales invoices as evidence in the MSJ phase. Once in court, these tasks must be proven, and secured by documentation and testimony. If there is a “so-called integrated contract” between the parties, secondary/parolic evidence should be opposed. Random excerpts and card agreements do not prove the assignment. I think one way to disrupt the exception of commercial documents to the hearsay rule is to receive the OC sales documents to the agents. It most likely depends on the convening of this OC registration. JDB likes to summon OC records to avoid the attribution of records. This will be a difficult path because it includes for most assignments to the state. Banks, credit card issuers and other lenders sometimes lend to people who are unable to repay or who do not want to repay. Instead of simply amortizing these loans, creditors can sell the debts to a company that specializes in recovering as much money as possible.
A cash flow agreement is a kind of contract between a debt buyer and a lender. Ideally, this leads to the “win-win” situation described by Van Nieuwenburg. And this ideal situation is the rule. In Belgium, EOS Contentia is already considered a major player in the market, says Van Nieuwenburg. Currently, it is mainly telecommunications companies, e-commerce companies and energy suppliers that use the forward flow process to monetize their non-performing debts. Nevertheless, Van Nieuwenburg is confident that I expect the volume of business to increase over the next few years. Mintos Finance is a company of the Mintos Group. You will find a detailed description of the structure in the Mintos financial loan agreement and in the transfer agreement. The first section of Section 2.1 indicates that they have sold the receivables, but not the actual account and that they cannot use the account number. This may explain why jdbs have different account numbers. I propose a very simple solution that will put an end to more legislation, more rules, more lawsuits and more uncertainty for both parties: a requirement that the buyer of the debt provide the court and the defendant with a copy of the operational flow agreement at the time of filing the complaint.
To achieve a sustainable solution, it is important to focus in particular on pricing. A fair price agreement for both partners is the basis for a long-term partnership. The key word in this context is “transparency.” The company and its potential business partner should first have a common vision of the factors of influence that determine the value of the receivables to be permanently divested. To that end, you know that the JDB that sues you is the one that owns your account because it produces a sales invoice, a position with your name, your account and SSN, a stack of credit card statements with your name, address and account – and a sworn statement from a witness that associates everything with a fairly red bow.