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My husband is due in court for a summary judgement on Thursday. This matter has been going on for several years. It began with a series of letters from Cabot Financial about a credit card debt . I knew nothing about this at the time (we were not married then).
Around 2 years ago,they began the threaten court and the matter was then dealt with by Restons.
He sent off the letter asking for the deed of assignment , loan agreement etc and after several letters back and forth,they eventually produced the initial agreement dated back in 2000, and a default notice issued in March 2010,which at the time seemed to mean the debt was not statute barred as we had hoped. They also claim he had made a payment in April 2010 but have not produced any evidence of this,any statements as to how the debt accrued as he remains adamant he knew nothing about it, nor have they produced a deed of assignment,simply a letter saying he should accept the said letter as proof the debt had been sold to Cabot.
He submitted a defence to the court and the case was stayed right back in March 2016. However in April 2017 it reared its head again with Restons applying to have the stay lifted. The court have referred it to our local court for "summary judgement" and also asked for costs of £1200.
Although he still says he does not believe he owes this money and they have yet to provide anything to prove he actually does,he finally decided to call them and offer the initial sum they claim is owed of £ 3700. We do not have this money but he is going to sell his car asap to raise it.
However this offer has been declined even though it is for the full amount and they are insisting on going to court. We are puzzled by this as the letter from the court actually says most cases are settled before and so the court overbooks.
So we assume this now means he goes to court ,gets a CCJ for money he still insists he does not owe, and as we will not be able to raise the almost £5000 even selling stuff., we simply go under?
Around 2 years ago,they began the threaten court and the matter was then dealt with by Restons.
He sent off the letter asking for the deed of assignment , loan agreement etc and after several letters back and forth,they eventually produced the initial agreement dated back in 2000, and a default notice issued in March 2010,which at the time seemed to mean the debt was not statute barred as we had hoped. They also claim he had made a payment in April 2010 but have not produced any evidence of this,any statements as to how the debt accrued as he remains adamant he knew nothing about it, nor have they produced a deed of assignment,simply a letter saying he should accept the said letter as proof the debt had been sold to Cabot.
He submitted a defence to the court and the case was stayed right back in March 2016. However in April 2017 it reared its head again with Restons applying to have the stay lifted. The court have referred it to our local court for "summary judgement" and also asked for costs of £1200.
Although he still says he does not believe he owes this money and they have yet to provide anything to prove he actually does,he finally decided to call them and offer the initial sum they claim is owed of £ 3700. We do not have this money but he is going to sell his car asap to raise it.
However this offer has been declined even though it is for the full amount and they are insisting on going to court. We are puzzled by this as the letter from the court actually says most cases are settled before and so the court overbooks.
So we assume this now means he goes to court ,gets a CCJ for money he still insists he does not owe, and as we will not be able to raise the almost £5000 even selling stuff., we simply go under?
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