Summary Judgment Threat

[Bolingbroke]

Hello everyone,

There was a claim issued against me by a DCA which had been languishing in Northampton Bulk Centre. The case has been Stayed for a year due to the DCA's lack of evidence. The DCA is now attempting to obtain Summary Judgment and the case has been transferred to my local court. I have yet to hear from my local court regarding this matter. I believe I have a strong case and wish to vigorously defend against this claim. I would therefore be most grateful if the experts on this forum could point me in the right direction. What is the best course of action:

Should I (a) Wait until I receive some form of communication from my local court?

(b) Submit my own Application notice for Summary Judgment with prejudice against the Claimant? I have a statement prepared.

No Default Notice was ever issued regarding the alleged loan.

As there was no Default Notice issued it also follows that no Annual Default Notice was ever issued.

The account in question has exchanged hands several times over the last five years, yet only one Notice of Assignment exists.

I am eager to take the fight to the DCA, not just for my family and myself but for everyone else who has suffered at the hands of these leeches.

Any help in this matter would be much appreciated.

Thank You.

[warwick65]

Re: Summary Judgment Threat

Hi [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION]

A couple of points that stuck out when reading your post
You say no DN ever existed- have they admitted that or are you going from your own records. It is possible that one was issued but for whatever reason you did not receive it

You talk about only one NOA exists , they can recon these quite easily.

maybe a little background would help
Who owns the debt now and who owned it in the past
What was the debt for and approx how much ?

I suppose more importantly , what did you plead in your defence , did you sent a CCA request off when you received the claim and did they comply

What would you application be based on- a strike out or did you counter claim?

[pt2537]

Re: Summary Judgment Threat

Hello everyone,

There was a claim issued against me by a DCA which had been languishing in Northampton Bulk Centre. The case has been Stayed for a year due to the DCA's lack of evidence. The DCA is now attempting to obtain Summary Judgment and the case has been transferred to my local court. I have yet to hear from my local court regarding this matter. I believe I have a strong case and wish to vigorously defend against this claim. I would therefore be most grateful if the experts on this forum could point me in the right direction. What is the best course of action:

Should I (a) Wait until I receive some form of communication from my local court?

(b) Submit my own Application notice for Summary Judgment with prejudice against the Claimant? I have a statement prepared.

No Default Notice was ever issued regarding the alleged loan.

As there was no Default Notice issued it also follows that no Annual Default Notice was ever issued.

The account in question has exchanged hands several times over the last five years, yet only one Notice of Assignment exists.

I am eager to take the fight to the DCA, not just for my family and myself but for everyone else who has suffered at the hands of these leeches.

Any help in this matter would be much appreciated.

Thank You.

If the Claimant issues an application for summary Judgment then they will need to show that per CPR 24 your Defence has no real prospect of success at trial and there is no other compelling reason why there should be a trial.

Many firms use the summary judgment tactic in the hope the Consumer wont know how to deal with a part 24 application and wont understand the test or the fact that you have to file written evidence before the hearing etc.

These firms often succeed not because the consumer has a bad case, rather because the consumer lacks knowledge on how to deal with such matters.

Could you perhaps let us know what you put in your defence? I ask because this is often the weak point in the case, as if you havent pleaded a Defence which raises the issues sufficient to resist such an application, then that could leave you open to SJ being granted even if you have a good argument

[charitynjw]

Re: Summary Judgment Threat

More info is needed.

What is the exact reason for their SJ application? (usually 'no prospect of defending', but for what reason?).

If it is because your defence was mainly 'no docs', & they have now supplied documentation, did your defence state that in that event you requested the opportunity of submitting an amended defence?

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