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I'm still going around in circles pulling my hair out.
The Claimant has filed for a Summary Judgement on a debt, unfortunately I didn't know of this site until after I had filed my initial defence which was very brief basically just stating I had no knowledge of the debt and could I be supplied with a copy of the agreement.
Case stayed for 7 months.
Claimant had sent me a copy of an agreement within the stay period but it was not in the same name as mentioned on the original claim eg different original creditor. The claimant then obviously filed for a Summary Judgement.
In brief, the agreement appears unenforceable and the company named on the agreement was dormant at the time they entered into the agreement with me (reconstituted agreement, not signed, dated etc), they had been dormant for sometime! So I think that in itself renders the agreement void.
So do I get to submit evidence (witness statement) when a case hearing date is fixed or not? Ive looked through the procedure and it does seem to say I can provide a witness statement but Ive had conflicting advice that I've already submitted my defence even though this was before I had the actual credit agreement right at the start of the claim.
I have no knowledge of court protocol and have been willy nilly copying in the court on correspondence (complaints to the solicitor, claimant, FO and CSA). I know some of this correspondence has been filed with the case papers because I spoke to someone at the court. The case is actually on hold because the claimant reacted when I filed the complaint to the FO. It has been referred to the company who sold the debt (a company that was a separate entity but related to the dormant company who has since been dissolved).
Ive looked at using a solicitor to represent me (they have stated I have a good defence on quite a few accounts), its definitely the easy option but I dont want to be in a situation where I agree to be represented and then the claimant decides to withdraw the case. I have sent an email to the claimants solicitor stating they have a duty to inform HMRC and CH if as their evidence states the original loan company entered into a credit agreement with me because they have filed dormant accounts for many years so should not be trading. I would state having done some research the dormant company have also entered into other credit agreements (including a case on here)but refused to send out the credit agreement and have therefore written off the debt. I think they thought I was thick and would not react to the Summary Judgement request and would not notice the name on the credit agreement.
My mental capacity is zilch at the moment, I'm exhausted at trying to let the court see evidence that I can defend the case. I cant really afford to employ the solicitor to represent me (they have been fab)but it maybe my only option. Will the judge see that the Credit Agreement is in a different name to what is mentioned on the original claim etc or will he just see the trading style and make an assumption? Ive filed enough emails with the court but I assume they don't look at them?
Is it possible to get a written opinion on the agreement (I'm certain its unenforceable)?
Just looking for a hand hold and advice...
The Claimant has filed for a Summary Judgement on a debt, unfortunately I didn't know of this site until after I had filed my initial defence which was very brief basically just stating I had no knowledge of the debt and could I be supplied with a copy of the agreement.
Case stayed for 7 months.
Claimant had sent me a copy of an agreement within the stay period but it was not in the same name as mentioned on the original claim eg different original creditor. The claimant then obviously filed for a Summary Judgement.
In brief, the agreement appears unenforceable and the company named on the agreement was dormant at the time they entered into the agreement with me (reconstituted agreement, not signed, dated etc), they had been dormant for sometime! So I think that in itself renders the agreement void.
So do I get to submit evidence (witness statement) when a case hearing date is fixed or not? Ive looked through the procedure and it does seem to say I can provide a witness statement but Ive had conflicting advice that I've already submitted my defence even though this was before I had the actual credit agreement right at the start of the claim.
I have no knowledge of court protocol and have been willy nilly copying in the court on correspondence (complaints to the solicitor, claimant, FO and CSA). I know some of this correspondence has been filed with the case papers because I spoke to someone at the court. The case is actually on hold because the claimant reacted when I filed the complaint to the FO. It has been referred to the company who sold the debt (a company that was a separate entity but related to the dormant company who has since been dissolved).
Ive looked at using a solicitor to represent me (they have stated I have a good defence on quite a few accounts), its definitely the easy option but I dont want to be in a situation where I agree to be represented and then the claimant decides to withdraw the case. I have sent an email to the claimants solicitor stating they have a duty to inform HMRC and CH if as their evidence states the original loan company entered into a credit agreement with me because they have filed dormant accounts for many years so should not be trading. I would state having done some research the dormant company have also entered into other credit agreements (including a case on here)but refused to send out the credit agreement and have therefore written off the debt. I think they thought I was thick and would not react to the Summary Judgement request and would not notice the name on the credit agreement.
My mental capacity is zilch at the moment, I'm exhausted at trying to let the court see evidence that I can defend the case. I cant really afford to employ the solicitor to represent me (they have been fab)but it maybe my only option. Will the judge see that the Credit Agreement is in a different name to what is mentioned on the original claim etc or will he just see the trading style and make an assumption? Ive filed enough emails with the court but I assume they don't look at them?
Is it possible to get a written opinion on the agreement (I'm certain its unenforceable)?
Just looking for a hand hold and advice...
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