Whats the correct name for linking 2 cases together

[Guest]

Hi, in 2013 I got a statutory demand set aside in the C.C. on the grounds of Deed of Assignment,(does not say why on the letter?, just upon hearing the evidence), role on 4 years, they have gone back to the C.C. with a new case number, for the alleged debt, How do I highlight that this is the same case as 2013, and the claimant has still not provided the D.o.A. (are bw legal aware lowlife have allready been told to provide the D.o.A.) - they are trying their luck before the 6 years. Also even if the D.J. agrees that they don't have to provide the D.o.A. is there something where the N.o.A. has got to be sent by registered post, they have to show proof of sending it. The original creditor was cap1,Â*

[Amethyst]

A statutory demand is separate from a court claim, and having got the stat demand set aside doesn't prevent the claimant now going to the court. A stat demand is for 'undisputed' debt so whatever the arguments it would be set aside if it seemed to the court there was a reasonable dispute. Had it been a court claim then no, they wouldn't now be able to try again without permission of the court.

How old was the debt at the time they tried the stat demand ? - it doesn't stop the clock for statute barring, so if say the debt was 4 years old without acknowledgement / payment at the time they tried the stat demand, then it's now 4 years later they'd be out of time. Otherwise it really is a case of starting over acknowledging and defending the claim - you can of course say as part of your defence that you previously had a SD on the same debt that was set aside by the court.

There's no need / rules about a NOA being sent registered/recorded post.

[dog house]

Thanks for the quick reply, so its a new fight then and i am asking forÂ*

• A copy of the relevant and lawful Terms and Conditions;
• A true and certified copy (NOT photocopy) of the Deed of Assignment (NOT Notice of Assignment);
• A true and certified copy (NOT photocopy) of the Original Credit Agreement,

they have not provided number 2, nor a certified copy of 3, is there case law that says i have a right to this.. Thanks

[Amethyst]

Yip a new fight, annoying as it must be xx

I'd stay away from the certified / lawful stuff - it's a bit 'get out of debt free'/FMOTL - I'd stick with the first steps outlined here... CCA request & CPR request - if you type out the particulars of claim will check what you can ask for.
First Steps
Check your dates
Acknowledge a Claim
CCA Request Letter
CPR 31.14 Request Letter

[dog house]

CPR 31.14 Request for disclosure of specific information of documentsÂ*No. 3 Assignment, is that D.o.A. or N.o.A. does't lord denning say we have a right to see bill of sale, D.o.A.?

[Amethyst]

You can ask for the Notice and the Deed of Assignment.

The original creditor was Capital One - debt sold to Lowell, and BW Legal are acting?