Cabot Court outcome today

[Rich4673]

Hi everyone

So today we went to court against Cabot/Mortimer clarke as they applied for a stay to be lift and summary judgement made,
we have sent letters to them in the past asking to see the Deed of assignment but nothing .


We told the judge this and he said we have no legal right to see the deed, he did say (after my prompt) that the notice of assignment was all that is needed, but was not satisfied that it had be served correctly as it states in sec 196 of CCA .

So we now have to see if they can prove it ??

So looking on these forums i've noticed that there are other angles that i can fight this i,e, agreement not signed ,

So my question is this do i change my defence and go again with potential extra costs or what ?

Do i fight all the way ?

Any help or advice will be very greatful

Chrees

Rich

[Amethyst]

What was your original defence?

Did you request a copy of the original agreement under the Consumer Credit Act s.78 ?
What was the original debt ? credit card ? loan? overdraft ?
Have they provided a default notice ?

What was the actual outcome of the hearing - was the stay lifted, summary judgment not given, and your defence is proceeding?

[Rich4673]

My Original defence is in the pic attached
it used to be an old credit card
they haven't provided a default notice in the trial bundle

the outcome was they have till the 24 of this month to provide how the the notice of assignment was served but the judge was saying this only goes against the costs that they are trying to claim from the court hearing

im going to apply to the court in the morning to change my defence otherwise im going to run out of time

the trouble is i cant speak for my wife in court as im only a mcenzey friend so think we need someone to represent her

thank you any help is very much appreciated

[Rich4673]

hi again just a quick update we had this in the post this morning
is this fully dismissed or just part
many Thanks
Rich

[Rich4673]

help please

[gwlad]

Your personal details are showing you need to remove and redact

[Rich4673]

Changed photos now will someone advise please

[pt2537]

Ok so you now have to file directions questionnaires by 4pm on 24th, what help is it you need?

[Amethyst]

The Claimants application has been dismissed - their application was to lift the stay and for summary judgment. I can't see why directions questionnaires will be required if the entire application was dismissed as that would mean the claim remains stayed...so I would think the summary judgment part of the application has been dismissed, and the stay has been lifted - although I'd expect it to say that on the order.... Either way though, yes you need to have filed your directions questionnaire as directed - if its the N181 small claims there is some guidance here - Directions Questionnaire - you need to send the original to the court and a copy to the claimant. Unless this is in the fast track (is it over £10k ? ) If you haven't sent a copy to the claimant then get one sent now. Did you receive a copy of theirs?

You do seem only to be defending on the assignment issue. As this is a credit card you would be well advised to submit a formal CCA request to the Claimant - CCA Request
you will then have the option to amend your defence if necessary in the event that they do satisfy the requirements for the assignment issue.

Do you know much about the background of this debt? when was the account opened? when did it default ? when was the last payment made ? etc.

[KingUnemployed]

hi again just a quick update we had this in the post this morning
is this fully dismissed or just part
many Thanks
Rich

Hi Rich, was it part dismissed or fully dis-missed. What happened with the CCA. I am hoping you got good news.

[pt2537]

Hi Rich, was it part dismissed or fully dis-missed. What happened with the CCA. I am hoping you got good news.

The order there is clear. The Claimants application was dismissed but the underlying claim still continued as the parties were ordered to file directions questinnaires