Ccj set aside - case adjourned

[amh73]

Hi

I am hoping someone can help?

I attended a court hearing yesterday to set a CCJ aside from Cabot as i know nothing about this debt and it was sent to an old address.

The judge adjourned for 14 day telling Cabot to produce a witness statement with evidence of the debt including any documentation.

What documents do Cabot legally have to produce?

Many thanks

[Amethyst]

Re: Ccj set aside - case adjourned

Legally they will just have to evidence that they own the debt and that it is owed ( so statements from OC / notice of assignment etc )

If you send Cabot a CCA request (http://www.legalbeagles.info/forums/...y-of-Agreement) that will help ( they can argue they don't have to produce the agreement as there is a CCJ in place but it will help later if they don't produce it)

What was the debt ?

How much approx is the CCJ for?

Any sanction on the courtorder ? ( ie what happens if they don't produce? ) is there another hearing in 14 days ? and did they attend your set aside hearing ?

What's your defence to the claim ?

[amh73]

Re: Ccj set aside - case adjourned

Many thanks for your reply. The debt is a Lloyds Credit card for £7500k.

My defense is i know nothing of this debt and received no correspondence as they sent it to an old address. The judge did say they only have to send it to the last know address but i pointed out that my credit file shows i did not live at the address since Oct 14 and they issued it Jan 16.

The judge just said they have to produce within 14 days and adjourned didn't really say we had another hearing?

Cabot sent a solicitor who took me to one side before the hearing asking about the case and telling methey would win because they already have a ccj and i would pay the costs but he said very little in the hearing

[Amethyst]

Re: Ccj set aside - case adjourned

Typical duty solicitor... don't worry about that. It's purely meant to intimidate you.

Good that the judge accepted they could have filed at the correct address - are they reporting on your credit file ?

You should get an order from the court. Otherwise after 14 days you'll need to contact the court and say that Cabot have failed to comply with the order, then your CCJ should be set-aside and revert so you can entr a defence.

As its a credit card, def send a CCA request off to Cabot.

Also do you actually know nothing about the debt?

[amh73]

Re: Ccj set aside - case adjourned

They have registered a CCJ, yes.

I'm about to post the letter you kindly sent. I only have the solicitors details Restons as i have received nothing from Cabot, do i send it to the solicitor?

Im really worried about this and know nothing about a Lloyds credit card and i certainky have not taken a card out with them over the past 7 plus years at least.

Do they only need to produce the assignment letter or is the agreement imperative?

[Amethyst]

Re: Ccj set aside - case adjourned

The agreement is imperative.

I'm about to post the letter you kindly sent. I only have the solicitors details Restons as i have received nothing from Cabot, do i send it to the solicitor?

It should go to Cabot... I'll find the address for you.


Here

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to—

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

[F2(4A)Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—

(a)failing to make payments as required by the agreement; or

(b)only making payments of a prescribed description in prescribed circumstances.]

(5)A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;F3. . .

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply to a non-commercial agreement, and subsections [F4(4) to (5)] do not apply to a small agreement.

[Amethyst]

Re: Ccj set aside - case adjourned

Cabot Financial
1 Kings Hill Ave, Kings Hill, West Malling ME19 4UA

[amh73]

Re: Ccj set aside - case adjourned

Fab thankyou !! You have been so helpful. I'll get the letter off recorded delivery

[Amethyst]

Re: Ccj set aside - case adjourned

That's okay xx

Im really worried about this and know nothing about a Lloyds credit card and i certainky have not taken a card out with them over the past 7 plus years at least.

So you could have a statute barred defence as well, IF the debt exists.

Does this debt appear on your credit file at all ?

[amh73]

Re: Ccj set aside - case adjourned

No nothing in relation to this on my credit file other than a CCJ from Cabot

[amh73]

Re: Ccj set aside - case adjourned

Hi

A per my previous thread today i received a witness statement from Restons solicitors but they have not sent a copy of the agreement or assignment letter. The deadline stated by the judge was tomorrow. They claim in the witness statement i paid £1.00 last April to Cabot but produced no proof of how it was paid? can someone advise?

[amh73]

Re: Ccj set aside - case adjourned

Hi

Can anyone help with information ?

Many thanks

Hi

A per my previous thread today i received a witness statement from Restons solicitors but they have not sent a copy of the agreement or assignment letter. The deadline stated by the judge was tomorrow. They claim in the witness statement i paid £1.00 last April to Cabot but produced no proof of how it was paid? can someone advise?

[Amethyst]

Re: Ccj set aside - case adjourned

Do you have a copy of the order from the court ?

[amh73]

Re: Ccj set aside - case adjourned

Hi

I spoke to the courts today and they said letters have gone out today (2 weeks after hearing) the judge asked for them to send a witness statement detailing the debt, agreement and assignment letter. Yesterday by email Restons sent their witness statement saying their clients was still awaiting the requested paperwork but today they send an additional email and witness statement attaching the assignment letter !! I still no nothing about this but i am concerned the judge will not set the ccj aside allowing me to defend because they have now sent this. I have requested a copy of the agreement but they have not sent this

[charitynjw]

Re: Ccj set aside - case adjourned

Hi

A per my previous thread today i received a witness statement from Restons solicitors but they have not sent a copy of the agreement or assignment letter. The deadline stated by the judge was tomorrow. They claim in the witness statement i paid £1.00 last April to Cabot but produced no proof of how it was paid? can someone advise?

Was this £1 payment to account around the same time as a CCA s78 request was made?

It's just that £1 is an odd sum to pay.

(I realise about 'wrong address' - just eliminating possibilities is all!)