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Hi. I'm just looking for some advice. And I wonder if anyone can help? I wont go into to all of the gory details, but I have 2 credit card debts, one from Aqua, and another from Vanquis. These were originally for £1500, and £1900 respectively, and dated from around 2007-2008.
Over the last couple of years I received maybe half a dozen, in total, letters from Cabot offering to sell me the debts for a reduced rate, and then making general threats and pleas for the outstanding money. I didn't bother replying, thinking that these were just 'sabre rattling exercises'.
In the first week of October though I received a CCJ from Northampton CCBC for £2600, and then 10 days after that another for roughly the same amount. These just appeared out of the blue, with no prior warning and no claim pack for either case. While I was desperately attempting to find out what the hell was happening, a notice of application for attachment of earnings order was also delivered on the back of the first CCJ. All of these court papers were issued on behalf of Cabot, with no reference to the original credit agreement.
At this point I submitted an N244 to my local court for the first CCJ received and and also sent a pair of CCA requests to Cabot. They eventually replied and told me that they didn't have the relevant paperwork on file, but should be able to get it within 40 days. That sort of begs the question. How could they obtain a pair of CCJ's with no proof of debt?
This morning I received a witness statement from Restons in response to my N244, and basically challenging what I wrote in question 10. ie, no receipt of case pack, or letters informing me that I was being taken to court etc. also they enclosed two copies of unsigned letters from a company called Marlin Financial, who I've never heard of, and a copy of a letter from Cabot that I didn't receive either.
So, my situation now, is that I have a brace of CCJ's issued without warning, also issued without claim packs, and therefore with no way to defend them before they originally went to court, I have no copy of any document of assignment, no copy of the original credit agreement, no idea of how they've reached a figure of £2600 on a £1500 credit card debt, and I didn't receive a default notice either.
What I'm trying to find out here is. Do I wait until next Monday (24th November), which is when I have to attend court, and defend Restons claims then? Or can I submit a counter statement to the court before then, or add information to my N244?
Any help would be gratefully received.
Over the last couple of years I received maybe half a dozen, in total, letters from Cabot offering to sell me the debts for a reduced rate, and then making general threats and pleas for the outstanding money. I didn't bother replying, thinking that these were just 'sabre rattling exercises'.
In the first week of October though I received a CCJ from Northampton CCBC for £2600, and then 10 days after that another for roughly the same amount. These just appeared out of the blue, with no prior warning and no claim pack for either case. While I was desperately attempting to find out what the hell was happening, a notice of application for attachment of earnings order was also delivered on the back of the first CCJ. All of these court papers were issued on behalf of Cabot, with no reference to the original credit agreement.
At this point I submitted an N244 to my local court for the first CCJ received and and also sent a pair of CCA requests to Cabot. They eventually replied and told me that they didn't have the relevant paperwork on file, but should be able to get it within 40 days. That sort of begs the question. How could they obtain a pair of CCJ's with no proof of debt?
This morning I received a witness statement from Restons in response to my N244, and basically challenging what I wrote in question 10. ie, no receipt of case pack, or letters informing me that I was being taken to court etc. also they enclosed two copies of unsigned letters from a company called Marlin Financial, who I've never heard of, and a copy of a letter from Cabot that I didn't receive either.
So, my situation now, is that I have a brace of CCJ's issued without warning, also issued without claim packs, and therefore with no way to defend them before they originally went to court, I have no copy of any document of assignment, no copy of the original credit agreement, no idea of how they've reached a figure of £2600 on a £1500 credit card debt, and I didn't receive a default notice either.
What I'm trying to find out here is. Do I wait until next Monday (24th November), which is when I have to attend court, and defend Restons claims then? Or can I submit a counter statement to the court before then, or add information to my N244?
Any help would be gratefully received.
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