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Court Hearing on Thursday

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  • Court Hearing on Thursday

    My husband is due in court for a summary judgement on Thursday. This matter has been going on for several years. It began with a series of letters from Cabot Financial about a credit card debt . I knew nothing about this at the time (we were not married then).
    Around 2 years ago,they began the threaten court and the matter was then dealt with by Restons.

    He sent off the letter asking for the deed of assignment , loan agreement etc and after several letters back and forth,they eventually produced the initial agreement dated back in 2000, and a default notice issued in March 2010,which at the time seemed to mean the debt was not statute barred as we had hoped. They also claim he had made a payment in April 2010 but have not produced any evidence of this,any statements as to how the debt accrued as he remains adamant he knew nothing about it, nor have they produced a deed of assignment,simply a letter saying he should accept the said letter as proof the debt had been sold to Cabot.

    He submitted a defence to the court and the case was stayed right back in March 2016. However in April 2017 it reared its head again with Restons applying to have the stay lifted. The court have referred it to our local court for "summary judgement" and also asked for costs of £1200.

    Although he still says he does not believe he owes this money and they have yet to provide anything to prove he actually does,he finally decided to call them and offer the initial sum they claim is owed of £ 3700. We do not have this money but he is going to sell his car asap to raise it.

    However this offer has been declined even though it is for the full amount and they are insisting on going to court. We are puzzled by this as the letter from the court actually says most cases are settled before and so the court overbooks.

    So we assume this now means he goes to court ,gets a CCJ for money he still insists he does not owe, and as we will not be able to raise the almost £5000 even selling stuff., we simply go under?
    Last edited by pt2537; 11th July 2017, 10:40:AM.
    Tags: None

  • #2
    Re: Court Hearing on Thursday

    Hi there

    Ive removed the attachment as it had personal details on it.
    Cheers

    Paul
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Re: Court Hearing on Thursday

      Just to say, even if they do get the summary judgment it does not mean you have to pay it all in one go , you can ask the court for a payment plan based on your circumstances.

      I am assuming that your husband is going to court to defend the application on the summary judgment

      It would be useful to know what steps he took over the years

      Did he send a CCA (S77-79) request and if so what did they send back?

      Did he send a Cpr 31.14 request, what did he ask for and what did they send ?

      What was the defence he entered

      Just because they are asking for a summary judgement doesn't mean they will get one
      [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION]

      Comment


      • #4
        Re: Court Hearing on Thursday

        Originally posted by pt2537 View Post
        Ive removed the attachment as it had personal details on it.
        Thank you - I reported this to Admin earlier.

        Di

        Comment


        • #5
          Re: Court Hearing on Thursday

          I believe you've emailed me.

          I have replied.

          At least I think it came from you

          Di

          Originally posted by KC1 View Post
          My husband is due in court for a summary judgement on Thursday. This matter has been going on for several years. It began with a series of letters from Cabot Financial about a credit card debt . I knew nothing about this at the time (we were not married then).
          Around 2 years ago,they began the threaten court and the matter was then dealt with by Restons.

          He sent off the letter asking for the deed of assignment , loan agreement etc and after several letters back and forth,they eventually produced the initial agreement dated back in 2000, and a default notice issued in March 2010,which at the time seemed to mean the debt was not statute barred as we had hoped. They also claim he had made a payment in April 2010 but have not produced any evidence of this,any statements as to how the debt accrued as he remains adamant he knew nothing about it, nor have they produced a deed of assignment,simply a letter saying he should accept the said letter as proof the debt had been sold to Cabot.

          He submitted a defence to the court and the case was stayed right back in March 2016. However in April 2017 it reared its head again with Restons applying to have the stay lifted. The court have referred it to our local court for "summary judgement" and also asked for costs of £1200.

          Although he still says he does not believe he owes this money and they have yet to provide anything to prove he actually does,he finally decided to call them and offer the initial sum they claim is owed of £ 3700. We do not have this money but he is going to sell his car asap to raise it.

          However this offer has been declined even though it is for the full amount and they are insisting on going to court. We are puzzled by this as the letter from the court actually says most cases are settled before and so the court overbooks.

          So we assume this now means he goes to court ,gets a CCJ for money he still insists he does not owe, and as we will not be able to raise the almost £5000 even selling stuff., we simply go under?

          Comment


          • #6
            Re: Court Hearing on Thursday

            Originally posted by warwick65 View Post
            Just to say, even if they do get the summary judgment it does not mean you have to pay it all in one go , you can ask the court for a payment plan based on your circumstances.

            I am assuming that your husband is going to court to defend the application on the summary judgment

            It would be useful to know what steps he took over the years

            Did he send a CCA (S77-79) request and if so what did they send back?

            Did he send a Cpr 31.14 request, what did he ask for and what did they send ?

            What was the defence he entered

            Just because they are asking for a summary judgement doesn't mean they will get one
            @Amethyst @charitynjw @Diana M
            Initially he didn't do anything which is of course a mistake. Basically he denies all knowledge of this debt and actually there is no reason for it to have accrued because he is generally a responsible person and would have addressed it,but it seems not. However that is why we would like to see the statements to see exactly what was bought and where.
            When it started to get "nasty" he sent the attached letter,which I have removed private details now. He had to send a postal order for a small sum,not sure how much.
            They sent an initial agreement signed by him back in 2000,that is not in dispute.
            They sent a default notice dated March 2010,and at the time they sent it, this meant that when they began to chase the debt it was marginally within the 6 year period.
            They sent a copy of a letter saying the debt was now owed by Cabot and he was to accept this as the deed of assignment.

            All of these were copies of letters they claimed to have sent at the time. He claims never to have received anything.

            His defence was firstly the debt was statute barred although this now seems not to be the case. It was also they had not sent any evidence of the debt in the way of the monthly statements every one gets and they had not send a deed of assignment.

            They broadly said his defence had no chance of success and he should withdraw it.

            Although he intends to go,we do not have any faith he will not get the judgement and at that point,he becomes unemployed as his employer has a zero tolerance policy on anything like that,which is why he offered to pay the £3700 even though he still says there is no proof he owes it.
            Attached Files

            Comment


            • #7
              Re: Court Hearing on Thursday

              They sent a copy of a letter saying the debt was now owed by Cabot and he was to accept this as the deed of assignment.

              ( No that is a notice of assignment totally different to what you may think. )

              CCA who says it is enforceable capital One agreements were very suspect in that era, post a copy on here minus personal account details etc for peeps to ascertain enforceable or unenforceable,

              did it just have a name & address only? usual so called cca1974 copy??

              date last acknowledgement of the debt over 6 years maybe ////////////////????????

              Comment


              • #8
                Re: Court Hearing on Thursday

                Originally posted by Diana M View Post
                I believe you've emailed me.

                I have replied.

                At least I think it came from you
                . . . and you have now replied to my reply

                Di

                Comment


                • #9
                  Re: Court Hearing on Thursday

                  Originally posted by Diana M View Post
                  . . . and you have now replied to my reply

                  Di
                  Afternoon, Di

                  It's good to talk, lol!

                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Court Hearing on Thursday

                    This is the credit agreement they sent. (The black squiggle hides the signature which is his) his name and address he was living at then is also at the top of the letter
                    Attached Files

                    Comment


                    • #11
                      Re: Court Hearing on Thursday

                      Hi

                      Thanks for the explanations.

                      I see you are in contact with Di who is far more knowledgable than me so i will leave you to talk. Anything I might ask or say would only confuse me if no-one else

                      I wish you the best of luck

                      Comment

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