The appellant, a debt purchaser, appealed a Small Claims Court decision dismissing its claims for unpaid debts.
The Deputy Judge had ruled the appellant was an unregistered collection agency and failed to prove an absolute assignment of the debts because it did not produce the underlying Account Purchase Agreement.
The Divisional Court allowed the appeal, holding that a debt purchaser that outsources collection to registered agencies is not a 'collection agency' under the Collection and Debt Settlement Services Act.
The court also found the standalone Assignment Agreement was sufficient evidence of an absolute assignment, and the underlying purchase agreement was not required.
