Ascent legal

[1609]

Can any body please help me? I have recieved a letter of general direction order for county court claim. I wrote to the court a while back and they put a stay on the claim. Ascent legal have sent me an unlegable so called copy of my agreement with welcome finance but it has no agreement number and is near on impossible to read. They are asking the court to lift the stay how do i defend myself any help much appreciated.

[jaguarsuk]

Are they asking for them to lift the stay and enter Summary Judgement? Or just lift the stay?

[1609]

Sorry for the delay in getting back to you. Yes they are asking to lift and enter judgement.

[jaguarsuk]

Sorry for the delay in getting back to you. Yes they are asking to lift and enter judgement.

In that case you will need to challenge this, you'll need to submit a Witness Statement.

It would be useful if you could post their particulars of claim and the defence you submitted, plus their application form N244 they have submitted to lift the stay and Witness Statement (if you have had these yet).

It'll allow us all to see what your Defence is and why they think they should be able to obtain Summary Judgement.

[Diana M]

I have recieved a letter of general direction order for county court claim. I wrote to the court a while back and they put a stay on the claim. Ascent legal have sent me an unlegable so called copy of my agreement with welcome finance but it has no agreement number and is near on impossible to read. They are asking the court to lift the stay how do i defend myself any help much appreciated.

Is this the claim on your other thread for an old Welcome secured loan where the Claimant is Cabot with Ascent Legal as solicitors?


Link > http://legalbeagles.info/forums/foru...20#post1067320

secured loan with welcome finance and was in dispute over charges put onto the loan, welcome have sold the loan onto to another company who is now applying for a ccj. this loan has been passed around to several companies and each i have asked them to provide original documents of the loan agreement and they have not done so. now i need to apply to the courts with my plea how do i go about this do i part admit ? might i add there is already a charge on my property for welcome finance

Di

[1609]

Yes it is.

[Diana M]

Yes it is.

Okay, that claim was issued over a year ago.

Perhaps ask Kati if she would be kind enough to merge the threads so we can pick up from where we left off.

Since this was a secured loan it may need careful handling.

The first task would be to establish whether those documents you have been sent are compliant with your Section 77 CCA Request. You need to get a professional opinion on that since this claim is for over £7k.

The original loan was for £20k taken out in 2007. Does the 'credit agreement' which they've sent you say whether it's an Unregulated Agreement or a Regulated Agreement?

Di

[1609]

Its says its regulated

[Diana M]

Time is ticking by and you have received an Application for a Summary Judgment to strike out your Defence as having no merit.

You must file a Witness Statement to contest the Application no less than 7 days before the Hearing or your evidence won't be accepted by the court and their Application may be successful.

This claim is for over £7k and the original creditor had a Charge on your property so you need to establish whether the current debt owner has 'stepped into their shoes'. You can check the charges register online at Land Registry here >

https://eservices.landregistry.gov.u...963.1524231756

You have been sent a document purporting to be the original credit agreement in response to your s 77 Request. Have you asked for a professional legal opinion on whether it is (compliant)?

(also see my post # 8)

Di