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

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

    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.
    Tags: None

  • #2
    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

    Comment


    • #3
      Originally posted by tycam49 View Post
      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?
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #4
        Originally posted by jaguarsuk View Post

        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?

        Comment


        • #5
          NOA ..
          Attached Files

          Comment


          • #6
            it ok

            Comment


            • #7
              Originally posted by tycam49 View Post

              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.
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment


              • #8
                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

                Comment


                • #9
                  Originally posted by echat11 View Post
                  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.

                  Comment


                  • #10
                    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.
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment


                    • #11
                      Originally posted by tycam49 View Post


                      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

                      Comment


                      • #12
                        Originally posted by echat11 View Post

                        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.

                        Comment


                        • #13
                          Originally posted by tycam49 View Post

                          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.

                          Comment

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