Letter of assignment has a different account number than the default notice

**R0b** · 17th October 2022, 23:31:PM

It's possible that their reference to "Vanquis" could have been a genuine error but the rest of what you describe doesn't seem to add up. I guess it's a case of picking apart all of the issues that are questionable.

1. Do either of the account numbers relate to you? If not, point this out at the hearing. Suggest you do not inform Overdales otherwise they can take corrective action beforehand and then they won't be in default and your aim is to get the claim dismissed.

2. If the letter of assignment is different to the default notice then you could rely on that as an argument to say that one of the documents contains the incorrect account number (more persuasive if its a default notice). In the case of the assignment letter, you argue that the agreement was therefore not legally assigned and so they have no legal right bring a claim in their own right, since they would have a beneficial interest only - the previous creditor should have brought the claim on behalf of the new creditor. In the case of a default notice, then you argue that because there was a failure to serve the default notice, the claimant cannot enforce the agreement under section 86E of the Consumer Credit Act 1974.

3. As for the agreement, I am assuming they have provided a reconstituted agreement. Again you may want to argue there is no agreement number so there is no actual evidence that this agreement belongs to you. If their witness statement is silent, you could also say that there is no evidence in their witness statement as to how the agreement has been reproduced, who produced it, where the information was sourced etc. So for all you know, this could have been a copy for someone else's agreement. Equally, check the terms and conditions they have supplied you as they should have been the terms at the time the agreement was entered into and if they are dated later i.e. 2022 then they haven't complied with the reconstitution of the agreement. Any variations of the terms and conditions to the original terms should also be supplied alongside.

Ultimately, you have to remind the judge that the burden of proof is on the claimant to adequately show that these documents are legally valid and have been properly served and/or reconstituted. There's so many holes in their evidence that the only option is for the court to dismiss the claim. You may find that they will try to ask for an adjournment to produce the correct evidence but you should strongly resist and point out that any adjournment would prejudice your position, especially since the claimant should have got it's house in order and ensured it had the correct evidence to prove its case for the hearing. The court should not allow or indulge the claimant to have a second bite at the cherry and furthermore, any adjournment may prejudice your right to a defence because the limitation period clock stops during this time.

There's are just a handful of pointers I can think of based on your description but it comes down to you as to how you argue them on the day if you want to continue down this path and defend it.

**diabla** · 20th October 2022, 16:44:PM

Hi Rob,

Thank you so so much for your advice, I really appreciate it.

I intend to defend the claim and your advice has been invaluable, I will spend many hours in the next couple of weeks, scrutinising the documents they have sent.

As of yet, I haven't received their witness statement, the case is on the 4th of November. I sent my witness statement on Monday (next-day delivery - registered and signed for post) as I thought it had to be received within 14 "clear" days, I have researched this and I think it means 2 days before the hearing, not including the hearing day, however, I'm not totally sure.

My friend went to court a few months ago and the legal representative for the claimant, asked for her witness statement to be disregarded as they had received it on the 16th day, she said they referenced a case, where the judge, said something along the lines of, "ignorance is not a valid form of defence".
Based on the aforementioned information, If I do not receive their witness statement within the specified time, could I request for it not to be used?

The solicitors have played dirty previously, by requesting judgement, due to me not filing my defence on time........which I had submitted in plenty of time and was registered online.
They know the systems and times for submitting documents, and they process these on a daily basis, plus they are trained solicitors or paralegals, hence why I think they were being possibly being underhanded.

Sorry if the last paragraph, sounds like a rant!

Thank you again for your time and advice, I can't begin to explain what it means to me, it is very difficult to remain resolute when you are on your own against these companies.

Have a lovely evening

**diabla** · 20th October 2022, 16:45:PM

Originally posted by R0b View Post

It's possible that their reference to "Vanquis" could have been a genuine error but the rest of what you describe doesn't seem to add up. I guess it's a case of picking apart all of the issues that are questionable.

1. Do either of the account numbers relate to you? If not, point this out at the hearing. Suggest you do not inform Overdales otherwise they can take corrective action beforehand and then they won't be in default and your aim is to get the claim dismissed.

2. If the letter of assignment is different to the default notice then you could rely on that as an argument to say that one of the documents contains the incorrect account number (more persuasive if its a default notice). In the case of the assignment letter, you argue that the agreement was therefore not legally assigned and so they have no legal right bring a claim in their own right, since they would have a beneficial interest only - the previous creditor should have brought the claim on behalf of the new creditor. In the case of a default notice, then you argue that because there was a failure to serve the default notice, the claimant cannot enforce the agreement under section 86E of the Consumer Credit Act 1974.

3. As for the agreement, I am assuming they have provided a reconstituted agreement. Again you may want to argue there is no agreement number so there is no actual evidence that this agreement belongs to you. If their witness statement is silent, you could also say that there is no evidence in their witness statement as to how the agreement has been reproduced, who produced it, where the information was sourced etc. So for all you know, this could have been a copy for someone else's agreement. Equally, check the terms and conditions they have supplied you as they should have been the terms at the time the agreement was entered into and if they are dated later i.e. 2022 then they haven't complied with the reconstitution of the agreement. Any variations of the terms and conditions to the original terms should also be supplied alongside.

Ultimately, you have to remind the judge that the burden of proof is on the claimant to adequately show that these documents are legally valid and have been properly served and/or reconstituted. There's so many holes in their evidence that the only option is for the court to dismiss the claim. You may find that they will try to ask for an adjournment to produce the correct evidence but you should strongly resist and point out that any adjournment would prejudice your position, especially since the claimant should have got it's house in order and ensured it had the correct evidence to prove its case for the hearing. The court should not allow or indulge the claimant to have a second bite at the cherry and furthermore, any adjournment may prejudice your right to a defence because the limitation period clock stops during this time.

There's are just a handful of pointers I can think of based on your description but it comes down to you as to how you argue them on the day if you want to continue down this path and defend it.

Hi Rob,

Thank you so so much for your advice, I really appreciate it.

I intend to defend the claim and your advice has been invaluable, I will spend many hours in the next couple of weeks, scrutinising the documents they have sent.

As of yet, I haven't received their witness statement, the case is on the 4th of November. I sent my witness statement on Monday (next-day delivery - registered and signed for post) as I thought it had to be received within 14 "clear" days, I have researched this and I think it means 2 days before the hearing, not including the hearing day, however, I'm not totally sure.

My friend went to court a few months ago and the legal representative for the claimant, asked for her witness statement to be disregarded as they had received it on the 16th day, she said they referenced a case, where the judge, said something along the lines of, "ignorance is not a valid form of defence".
Based on the aforementioned information, If I do not receive their witness statement within the specified time, could I request for it not to be used?

The solicitors have played dirty previously, by requesting judgement, due to me not filing my defence on time........which I had submitted in plenty of time and was registered online.
They know the systems and times for submitting documents, and they process these on a daily basis, plus they are trained solicitors or paralegals, hence why I think they were being possibly being underhanded.

Sorry if the last paragraph, sounds like a rant!

Thank you again for your time and advice, I can't begin to explain what it means to me, it is very difficult to remain resolute when you are on your own against these companies.

Have a lovely evening

Letter of assignment has a different account number than the default notice