Notice of Hearing of Application

[Terrier75]

Hi,

I have received a court date for an application to lift stay on a claim made last year and enter judgement. The claimant says they were assigned a loan in my name from the original creditor. They are pursuing the outstanding fee plus all additional costs.

My defence was "The defendant has never entered into a contract of any kind with the claimant. The defendant therefore refutes the claimant’s claim for payment of an overdue balance on the particulars provided in this claim or on any other claim submitted by the claimant."

Since the original claim I requested they provide the relevant documentation.

They have copies of:

1. The original credit agreement
2. They claim a notice of assignment is provided, but this is not from the original creditor it's from them stating they have bought the account - is this a valid notice?
3. Copies of statement of account
4. Copy of default notice
5. List of their expenses

The claimant says my defence is irrelevant and should be struck out.

I assume I have to attend court - should I write a witness statement? Do I have any hope?

[jaguarsuk]

Hi,

I have received a court date for an application to lift stay on a claim made last year and enter judgement. The claimant says they were assigned a loan in my name from the original creditor. They are pursuing the outstanding fee plus all additional costs.

My defence was "The defendant has never entered into a contract of any kind with the claimant. The defendant therefore refutes the claimant’s claim for payment of an overdue balance on the particulars provided in this claim or on any other claim submitted by the claimant."

Since the original claim I requested they provide the relevant documentation.

They have copies of:

1. The original credit agreement
2. They claim a notice of assignment is provided, but this is not from the original creditor it's from them stating they have bought the account - is this a valid notice?
3. Copies of statement of account
4. Copy of default notice
5. List of their expenses

The claimant says my defence is irrelevant and should be struck out.

I assume I have to attend court - should I write a witness statement? Do I have any hope?

Yes you write a witness statement.

1. You filed a defence, what happened next?

2. When is the hearing date?

3. When you requested the documents was this under the provisions of CPR 31.14?

4. Have you had the documents?

[Terrier75]

Yes you write a witness statement.

1. You filed a defence, what happened next?

2. When is the hearing date?

3. When you requested the documents was this under the provisions of CPR 31.14?

4. Have you had the documents?

1. After I filed the defence there was various back and forth (in writing) between me and the claimant as I requested the relevant documents.

2. The hearing is in May

3. No I did not request under the provisions of CPR 31.14

4. Yes I have copies of the documents as listed above, except no notice of assignment from the original creditor but a letter from the claimant saying they purchased the debt.

[warwick65]

Sorry a few more questions

How much is the claim for?
What is the claim for, a loan, credit card, something else?
Who are the claimants?
Who is the solicitor

Your defence- was the total defence the wording you put in post 1 ?

These questions are important but without some answers there is little anyone can say

[Terrier75]

Sorry a few more questions

How much is the claim for?
What is the claim for, a loan, credit card, something else?
Who are the claimants?
Who is the solicitor

Your defence- was the total defence the wording you put in post 1 ?

These questions are important but without some answers there is little anyone can say

The claim is for £3000 plus expenses
For a Tesco loan
Cabot are the claimants
Restons is the solicitor

That was my total defence yes

[warwick65]

Is it cabot financial UK?

If I'm honest and that is all you entered for your defence you are probably in trouble. Your defence needs amending

Did you send a S77 request to cabot?

Diana M any thoughts.

The defence of no agreement with the claimant doesn't work I'm afraid, debts can be assigned and all they have to do is arrange for you to be told.

[warwick65]

It is nearly the long easter weekend so responses may be few and far between. Also people with kids will probably have them off school

[Terrier75]

Is it cabot financial UK?

If I'm honest and that is all you entered for your defence you are probably in trouble. Your defence needs amending

Did you send a S77 request to cabot?

Diana M any thoughts.

The defence of no agreement with the claimant doesn't work I'm afraid, debts can be assigned and all they have to do is arrange for you to be told.

Yes, Cabot financial UK

I don't believe I sent an S77 request but I did request documents as detailed above. Am I able to amend my defence?

[warwick65]

There are ways to amend your defence but I believe they cost money. The simplest and cheapest is to ask the claimants solicitor for their consent , if they refuse you need to make an application to the court.

If you did not send the formal S77 request off with the £1 fee, I would get that done now - sent by royal mail signed for
CCA Request

Just wondering were you following advice from Goodf?

Amethyst

[jaguarsuk]

Given the Claimant has an application lodged to strike out your defence I think it's unlikely they'd agree to amending your defence, the cost of an application to amend is going to be £255.

[Amethyst]

They have provided the agreement to you, and the notice of assignment, default notice and statement of account ?

5. List of their expenses

Is that what they intend to claim as costs?

Sending a CCA request now would solely be in the hope they don't comply in time for the hearing - you know they have the agreement as they have already sent it to you. I'd still send one though if you haven't as it might help, you never know.

Have you checked that the agreement you have received is all compliant & complete ?
What date was the loan taken out originally ?
How much approx is the actual debt ?
Does the default notice give a clear 14 days to pay up arrears ?
Any PPI on the loan ?

You will be asked whether you had the loan.

You need to get the documents looked at and consider whether you still have a case to argue - if you do you will need to amend the defence - you could then make an application to amend to be heard at the same time as a SJ hearing - OR whether you would be better off coming to an out of court agreement to settle - either by installment under a consent order/tomlin order or settle in full & final - to avoid a CCJ and potentially those additional costs. That they have taken a year of the claim being on stay to provide the documents and apply to lift the stay should be argued against regarding the costs too. - would the debt have gone statute barred maybe had they waited until they had the documents to make the claim ?

There is an issue with Cabot's FCA licencing arrangements but it would need to go into your defence and wouldn't be a standalone defence.

[Terrier75]

Given the Claimant has an application lodged to strike out your defence I think it's unlikely they'd agree to amending your defence, the cost of an application to amend is going to be £255.

Ok appreciate the honesty and advice. If amending my defence will give me a chance to avoid a CCJ then maybe it will be worth paying the fee? The question is what amendment do I make? I suppose I cannot amend in my witness statement?

I will also send a formal S77 request if this will help.

warwick65 I don't believe I'm aware of GoodF?

[Amethyst]

You first need to assess if you have a defence still now you have received the documents.

[Diana M]

You first need to assess if you have a defence still now you have received the documents.

Cabot Financial (UK) Ltd is unlicensed regardless of any documents produced by the Claimant.

The OP needs a professional opinion on whether the documents produced are compliant with the requirements of the Consumer Credit Act.

Producing documents may not be enough to prove their claim if they are not ‘honest and accurate’ reconstituted ones.

I see no mention of the OP receiving an annual Notice of Sums in Arrears (s86)

And so on.

Di

[Terrier75]

You first need to assess if you have a defence still now you have received the documents.

What's the situation regarding notice of assignment? Does this have to from the original creditor or is notice from the claimant sufficient?