unenforceable agreement

[monoP]

Hi Court case coming up soon --- but cabot have applied to the court to make it enforceable without a hearing -- Is there anything I can do about this please?

[echat11]

Hi MONOP

Welcome to LB

It's very unlikely the Court will pass Judgement in their favour if you've filed a Defence.

[monoP]

Hi Court case coming up soon --- but cabot have applied to the court to make it enforceable without a hearing -- Is there anything I can do about this please?

Thank You LB ---- On the initial hearing the Judge advised Cabot representative to apply (prior to the next hearing) for exemption from the unenforceable agreement and that it is always granted.




The exemption has been granted by the court without a hearing

[atticus]

Would the OP please provide some detail - what exactly is this case all about? What is the upcoming hearing about?

[echat11]

Monop can you answer the following, copy and paste back onto this thread without personal details:


Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?

[echat11]

Thank You LB ---- On the initial hearing the Judge advised Cabot representative to apply (prior to the next hearing) for exemption from the unenforceable agreement and that it is always granted.




The exemption has been granted by the court without a hearing

Might be me, but this doesn't make sense. It might be an idea to give the Court a ring to find out what's going on.

[monoP]

Would the OP please provide some detail - what exactly is this case all about? What is the upcoming hearing about?

There was a court hearingand in my defense I said the debt as unenforceable as it was not signed by the creditor. The Judge made a fresh date for a new hearing whilst advising the claimant that the can apply for exemption and make it enforceable and that its always granted. Thats exactly what the claimant has done meanwhile the new hearing is just a week away and the Court has made the debt enforceable without a hearing

[echat11]

When was the account opened?

Just because it doesn't have a signature, doesn't make it 'unenforceable'.

For some 'older' agreements a signature is required.

Have a read of the following:

https://lawzone.legal/when-is-a-cred...20Credit%20Act.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

Did they send a Default Notice?

Letters of Assignment?

[monoP]

When was the account opened?

Just because it doesn't have a signature, doesn't make it 'unenforceable'.

For some 'older' agreements a signature is required.

Have a read of the following:

https://lawzone.legal/when-is-a-cred...20Credit%20Act.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

Did they send a Default Notice?

Letters of Assignment?

The agreement was 2016

They did not provide a Default Notice (They merely said that they were in possesion of one)
They supplied a fake letter of assignment but backdated the assignment

[echat11]

The agreement was 2016

They did not provide a Default Notice (They merely said that they were in possesion of one)
They supplied a fake letter of assignment but backdated the assignment

Was the account opened online?

In your Defence did you state that they haven't provided a Default Notice and the Letter of Assignment wasn't compliant?

[monoP]

Was the account opened online?

In your Defence did you state that they haven't provided a Default Notice and the Letter of Assignment wasn't compliant?

Thanks --- It was not an online application
I said in my defense that I have not received a Default Notice but the Judge completely ignored this as the claimant said they have it in their possesion. Also the letter of assignmentwas sent to me 2 March 2022 but says the actual date of the assignment was January 2022 and didn't have a name or department address ---- just an illegible signature. Again ignored by the Judge. Another The hearing has been made for 20th February 2024 -- as now the Claimant has been able to ask the Court to Change the unenforceable agreement into an enforceable agreement--- That has now been granted by the Court

[echat11]

Thanks --- It was not an online application
I said in my defense that I have not received a Default Notice but the Judge completely ignored this as the claimant said they have it in their possesion. Also the letter of assignmentwas sent to me 2 March 2022 but says the actual date of the assignment was January 2022 and didn't have a name or department address ---- just an illegible signature. Again ignored by the Judge. Another The hearing has been made for 20th February 2024 -- as now the Claimant has been able to ask the Court to Change the unenforceable agreement into an enforceable agreement--- That has now been granted by the Court

It looks like they are making it up as they go along.

You are attending the Hearing on the 20th is that correct?

You could write a skeleton argument on the main points (the points raised in your post, you need state why the Claim is unenforceable, do some research, but try to get it emailed tomorrow) that you wish to make at the Hearing. Email a copy to the Court and their solicitors.

https://hallellis.co.uk/write-skeleton-argument/

[monoP]

It looks like they are making it up as they go along.

You are attending the Hearing on the 20th is that correct?

You could write a skeleton argument on the main points (the points raised in your post, you need state why the Claim is unenforceable, do some research, but try to get it emailed tomorrow) that you wish to make at the Hearing. Email a copy to the Court and their solicitors.

https://hallellis.co.uk/write-skeleton-argument/

Right Thank You -- It is the 20th ---and that is what I will do urgently

[echat11]

In the email, subject line write - Case No XXXXXXXX - Defendants Skeleton Argument - XXXXXXX v XXXXXXX.

Take that to the Hearing. They haven't complied with CCA 1974, they haven't provided the requested documentation (you did request credit agreement, default notice and letter of assignment').

[atticus]

21 years ago I made some notes in a lecture by a leading QC (now KC) which covered skeleton arguments. Here's a quick summary. Your skeleton argument should come in 4 parts:-

1. Introduction - what the case is about.

2. The facts - what happened.

3. Relevant law. Formulate your statement of the law in a way that leads into...

4. Submissions. These are your points as to how the law applies to the facts of your case and why doing this leads to a conclusion in your favour.

You need to identify the best points and put them succinctly