Judgement set aside as served at incorrect address - is this case winnable?

[tycam49]

Hi All, hopefully someone can help me - I have had a cabot CCJ set aside as they sent the Claim form to an address that I no longer live. They have sent all documents to me via email including default notice, NOA, agreements and statements.

This is for an old Aqua credit card - Do I realistically have a chance of defending this case? and if so on what grounds. I am unable to have a CCJ due to my job so there is the added pressure of trying to resolve this.

Thanks in Advance for any help.

[echat11]

Go through what they have sent you, does the agreement have all the prescribed terms?
Can you settle the matter for a lower amount?
Are there other factors that might help settle the matter?

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[jaguarsuk]

Hi All, hopefully someone can help me - I have had a cabot CCJ set aside as they sent the Claim form to an address that I no longer live. They have sent all documents to me via email including default notice, NOA, agreements and statements.

This is for an old Aqua credit card - Do I realistically have a chance of defending this case? and if so on what grounds. I am unable to have a CCJ due to my job so there is the added pressure of trying to resolve this.

Thanks in Advance for any help.

Is the Notice of Assignment from Aqua or from Cabot?

[tycam49]

Is the Notice of Assignment from Aqua or from Cabot?

From Aqua but with a cabot reference? is this something I can use as a point in defence?

[tycam49]

NOA ..

[MIKE770]

it ok

[jaguarsuk]

From Aqua but with a cabot reference? is this something I can use as a point in defence?

Unfortunately on this occasion they have done the right thing, often the Assignor doesn't send a NoA and this is the reason I asked. Usually the Asignee will try to cover this by sending one, but that doesn't prove assignment.

I can't comment for the other documents they have sent you, but this one is correct.

[echat11]

Normally, there is a letter from the Assignor to the debtor (this more then likely won't have contact details of the new creditor), there is also a letter from the Assignee to the debtor (this will have contact details of the new creditor).

https://www.handbook.fca.org.uk/handbook/CONC/6/5.html

[tycam49]

Normally, there is a letter from the Assignor to the debtor (this more then likely won't have contact details of the new creditor), there is also a letter from the Assignee to the debtor (this will have contact details of the new creditor).

https://www.handbook.fca.org.uk/handbook/CONC/6/5.html

Only received the attached .. nothing from Cabot although I suspect the one provided is a template as the aqua ref number is not included.

[jaguarsuk]

The Law of Property Act 1925 s.136 does not compel the Assignee to do anything, but the assignor must give you notice for the debt to have been legally assigned.

[echat11]

Only received the attached .. nothing from Cabot although I suspect the one provided is a template as the aqua ref number is not included.

Cabot should have sent you something, the letter from Cabot would have been a 'greet & meet' letter, with their reference no, contact details, explaining ways they can help you etc, etc.

https://www.legislation.gov.uk/ukpga...82A/2008-04-06

[tycam49]

Cabot should have sent you something, the letter from Cabot would have been a 'greet & meet' letter, with their reference no, contact details, explaining ways they can help you etc, etc.

https://www.legislation.gov.uk/ukpga...82A/2008-04-06

Ok, I have that didnt realise that would be their version of an NOA.

[echat11]

Ok, I have that didnt realise that would be their version of an NOA.

Do you want to upload it, it's 'informal', friendly even.