I was taken to Court for a Business Overdraft Debt approx GBP 20,000. It had been sold to a DCA and they took me to Court. I asked them to provide proof of ownership of the Debt prior to the Court Proceedings but they declined to do so.
I submitted my Defence and they did not reply within the 28 days, I waited a week after then submitted an Unless Order for the proof they had ownership of the debt.
The failed to provide the evidence on time but responded days after the Unless Order by applying to reinstate the claim and have a Summary Judgement. They provided some details but these were very generic, i.e T&C that were 13 years after the alleged Overdraft had been given, a generic Deed of Assignment that did not contain my name. The only evidence that connected me, the OC and them was the freshly printed "Default Notice" from them, where while it was addressed to me they had spelled my name wrong.
Nevertheless, they managed to have the Judge overturn the Unless Order sanction and secure the Summary Judgement, the Judge said it all hung on the "Default Notice" when I pointed out that they could have easily just made it up as they even spelt my name wrong and I had no recollection of receiving a Default Notice from them at the date they put on the letter, the Judge said that would be accusing the DCA of fraud.
What defence would be the appropriate as for the life of me I cannot understand why the Judge struck out the Unless Order?
I would appreciate your considered reply.
Also when appealing am I obligated to make payment by the date of the CCJ or to hold fire until the Appeal final judgement of the Appeal ?
I submitted my Defence and they did not reply within the 28 days, I waited a week after then submitted an Unless Order for the proof they had ownership of the debt.
The failed to provide the evidence on time but responded days after the Unless Order by applying to reinstate the claim and have a Summary Judgement. They provided some details but these were very generic, i.e T&C that were 13 years after the alleged Overdraft had been given, a generic Deed of Assignment that did not contain my name. The only evidence that connected me, the OC and them was the freshly printed "Default Notice" from them, where while it was addressed to me they had spelled my name wrong.
Nevertheless, they managed to have the Judge overturn the Unless Order sanction and secure the Summary Judgement, the Judge said it all hung on the "Default Notice" when I pointed out that they could have easily just made it up as they even spelt my name wrong and I had no recollection of receiving a Default Notice from them at the date they put on the letter, the Judge said that would be accusing the DCA of fraud.
What defence would be the appropriate as for the life of me I cannot understand why the Judge struck out the Unless Order?
I would appreciate your considered reply.
Also when appealing am I obligated to make payment by the date of the CCJ or to hold fire until the Appeal final judgement of the Appeal ?
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