Restons and cabot

[remington]

Re: Restons and cabot

Hi All it is now 14 Days before my Hearing to set aside Judgement I have still not received and Documents what the Claimant intends to use as there defence giving me the chance to see and read there defence is this right

[remington]

Re: Restons and cabot

bump please

[remington]

Re: Restons and cabot

anyone out there please

[nemesis45]

Re: Restons and cabot

Check with the court to see if they have filed.

nem

[remington]

Re: Restons and cabot

I Nem I was told by the courts Claimant have not filed anything recently with the courts but they don't need too they just have to turn up at court for the hearing I told her in my defence I have not seen any of there claim in writing is this right ?

[remington]

Re: Restons and cabot

bump please

[nemesis45]

Re: Restons and cabot

So no activity Cabot/Reston side so my guess is they will rely on the judgement already made and you must prove you have a viable defence against the original claim.
The judgement supercedes the original agreement and they do not have to provided it.
What are your grounds for setting this aside ? Only non receipt of the claim pack?
What else is there that would constitute a viable defence??

nem

[remington]

Re: Restons and cabot

the actual application form post 53 no prescribe term etc not been executed correctly when taken out in 2000 all I have signed is application form which is what Cabot sent me as my original agreement what else do I need advice if possible thought it was up to claimant to prove application form is enforceable and they also need to show original in court the CCJ was granted by default and through MLOC they don't need to show original Agreement am I right?

[remington]

Re: Restons and cabot

anyone there please thanks

[remington]

Re: Restons and cabot

bump please thank you

[FlamingParrot]

Re: Restons and cabot

the actual application form post 53 no prescribe term etc not been executed correctly when taken out in 2000

Are you able to make a positive assertion that there were no prescribed terms when you signed the form in 2000? Like, say, it was an advert in a magazine with other stuff on the reverse, etc.? If that was the case, the agreement would be irredeemably unenforceable. :whoo:

all I have signed is application form which is what Cabot sent me as my original agreement what else do I need advice if possible thought it was up to claimant to prove application form is enforceable andthey also need to show original in court the CCJ was granted by default and through MLOC they don't need to show original Agreement am I right?

There is no requirement to attach documents to claims issued via MCOL because they are issued electronically, however, you still have the right to request the documents when you receive the claim, only you didn't receive it.

The claimant (or solicitors acting for them) should also have sent you a letter of claim or letter before action before issuing the claim. :thumb:

I'd suggest looking at this post where you may find a few things that could be applicable to your case. Ideally you should have a draft defence to present in court: http://www.legalbeagles.info/forums/...889#post310889

[remington]

Re: Restons and cabot

thanks Parrot I will have a read

[remington]

Re: Restons and cabot

Hi Parrot I have just found this which I can you as part of my Defence I never received the court papers as I have said in my defence on my address there is one line of my address missing and on the CCJ they sent me there is one line of my address missing in my defence I report that on my N244 FORM the solicitors applied for this CCJ on line and give that address to the courts I rang the courts and asked them which they confirm that was the address given to them in the guide book for online applications it states on Page (17) step 5 if the defendants name is incorrect or you are aware that the Defendant's address is incorrect when the claim was issued DO NOT CONTINUE REQUESTING JUDGMENT
Page (17) step 7&8 Please remember the Onus is on you as the Claimant to ensure that the Judgment for request submitted is ACCURATE if your request is INACCURATE then it may lead to Judgment being SET ASIDE

[remington]

Re: Restons and cabot

bump please need help

[remington]

Re: Restons and cabot

anyone please thanks