Cabot Debt Unenforceable but taking me to court to throw out my defense.

[mrmonkey]

sorry its took so long to get back, i was waiting on copy of my defense
ok finally got my original defence, first part is missing im sure it basically says i received a claim in the county court
i will post scans below,

in court i guess i will have the chance to speak and point out the mistakes and maybe other iregularities you have pointed out above?
Should i have submitted another defense or wait till i go to court?

i have also scanned the credit agreement again its clearer it mentions a credit limit of 400.00 it says the agreement is valid for 12 months i believ, not sure if thats relevant.
the agreement mentions apr but i know as well from the statement the credit limit must have been higher as it shows goods being purchased with over 1000 pound debt.
yes theres no address on the cabot assignment letter but it says it came with a cabot letter ive also scanned the first page of this
i never recieved a default letter even though there screen print out says 3 have been sent on diffferent dates.

I look forward to and appreciate any advice given thank you.

[mrmonkey]

sorry the site limits my images size if you need to see anything clearer i could maybe email or message them to you.

[mrmonkey]

deleted

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[mrmonkey]

Did you get a copy of the Claimant's Application?

No the only application i recieved was when the court sent me the notice of hearingwith there witness statment and the above proof.

[echat11]

a) ok finally got my original defence, first part is missing im sure it basically says i received a claim in the county court
i will post scans below,

So you've filed a standard defence, which is good.

b) in court i guess i will have the chance to speak and point out the mistakes and maybe other iregularities you have pointed out above?
Should i have submitted another defense or wait till i go to court?

Yes, that's correct.

c) i have also scanned the credit agreement again its clearer it mentions a credit limit of 400.00 it says the agreement is valid for 12 months i believ, not sure if thats relevant.
the agreement mentions apr but i know as well from the statement the credit limit must have been higher as it shows goods being purchased with over 1000 pound debt.

So it sounds like the credit agreement was 'varied' because the credit limit has gone up, did you agree to the increase?
The APR may have gone up too, check APR in the statements you have.

d) yes theres no address on the cabot assignment letter but it says it came with a cabot letter ive also scanned the first page of this
i never recieved a default letter even though there screen print out says 3 have been sent on diffferent dates.

The assignment letter should have an address, you should have received a default notice. You've put that in your defence.

e) No the only application i recieved was when the court sent me the notice of hearingwith there witness statment and the above proof.

(I haven't looked at the documents you've posted, depending on answer, you need to do a Witness Statement)

When is the Hearing?

[mrmonkey]

When is the Hearing?

[/QUOTE]

Monday the 15th so a week away.

[echat11]

When is the Hearing?

Monday the 15th so a week away.[/QUOTE]

So when were Witness Statements meant to be exchanged? Normally they state 14 days before the Hearing.

Here is an example Witness Statement, you need to work fast.

https://legalbeagles.info/forums/for...ess-statement/

Courts don't take kindly to parties not following Court Orders / Directions.

[mrmonkey]

Monday the 15th so a week away.

So when were Witness Statements meant to be exchanged? Normally they state 14 days before the Hearing.

Here is an example Witness Statement, you need to work fast.

https://legalbeagles.info/forums/for...ess-statement/

Courts don't take kindly to parties not following Court Orders / Directions.

[/QUOTE]

? i did not know about witness statements ihave not seen anything regarding this.

[mrmonkey]

im now in panic mode, the claim i got just said i had a hearing, it didnt say i had to make a witness statement, it just gave a hearing date, i have to work nights now, will try and look at it after work see if ive missed anything about a witness statement in the court letter or some part of the letter thats got seperated.

[echat11]

im now in panic mode, the claim i got just said i had a hearing, it didnt say i had to make a witness statement, it just gave a hearing date, i have to work nights now, will try and look at it after work see if ive missed anything about a witness statement in the court letter or some part of the letter thats got seperated.

Don't panic, just get the Witness Statement done, a copy to the Court and a copy to the Creditor, see if you can email it to both.

Update as soon as you've read details of the Court Order. You really need to get the Witness Statement to the Court by Thursday.

The Creditor has sent there Witness Statement so you should have done the same.

[mrmonkey]

i havent got a court order its a notice of hearing of apllication i recieved after these tranfer letters
https://legalbeagles.info/forums/fil...tch?id=1666238
https://legalbeagles.info/forums/fil...tch?id=1666236
https://legalbeagles.info/forums/fil...tch?id=1666237

[mrmonkey]

thaks for your help so far. I have to leave for work i can physically take to court on the Thursday .

[echat11]

thaks for your help so far. I have to leave for work i can physically take to court on the Thursday .

Don't do a Witness Statement, do a skeleton argument instead, but you really need to get it emailed to the Court before the Hearing.

Posted for information only - https://hallellis.co.uk/write-skeleton-argument/

[mrmonkey]

Ok thanks i see it makes sense with the time frame etc but tbh i find the whole thing confusing im reading the skeleton arguyment how its set out etc and im feeling like the templates dont match what i want

[echat11]

Ok thanks i see it makes sense with the time frame etc but tbh i find the whole thing confusing im reading the skeleton arguyment how its set out etc and im feeling like the templates dont match what i want

O.K., all the headings in the template / example don't apply.