I have a case at the upper tier tribunal. My client lost his appeal, and it was decided that they had notional capital over 50k. They gave £40k to their daughter. There are reasons why they did this, but not for the purposes necessarily for gaining entitlement to benefit. I am still arguing that they did not deprive themselves of capital, and that the tribunal failed to adequately explain their decision.
However the point of this is that the SOS is now agreeing that the tribunal erred by not taking account of the claimant's "beneficial interest in the capital in the form of a chose in action". This is the right to sell the debt to a 3rd party for a fraction of it's value, allowing that third party to then chase the debt themselves for a profit. The claimant's notional capital would then be the value of the debt they would get by selling to a third party.
Sweet and maxwell paragraph 2.336 refers to CJSA204/2002 which is a similar sounding case. Does anybody have any experience of this type of case?
Also what type of organisations are the 'indusrty standard' for getting a valuation on selling a debt?

The market value of a single unsecured debt is usually minimal. Debt buyer buy up big bundles of debt to pool risk. I got quite a few email responses confirming this for one of my cases from some of the Credit Services Association's members. Her is a link to their website http://www.csa-uk.com/csa/.

Note some are debt buyer, some debt sellers and some do both. Some deal only with certain types of debt.

Thanks Damian that is helpful