I am in the process of challenging a judgement order regarding a credit card debt which was assigned from LIoyds to Cabot. There have been two hearings to date with a third coming up on the 23rd May. Cabot is represented by Restons solicitors. An order was made against me at the first hearing in my absence. I applied for the order to be set aside on several grounds - a) I had previously accepted a full and final settlement with LIoyds - which represented 50% of the debt and sought to enforce this with Cabot and b) I never actually received the assignment letter. The first reason was thrown out by the judge because I could not provide evidence to back this up - the settlement was made verbally - but on the second point, the judge felt that I had a probable defence. The judge asked Restons to produce the letter of assignment and he directed me to check the address to which the letter was sent. On receipt of the letter, I noted that the letter had been sent to a wrong address despite the fact the LIoyds had my current up to date address - where they continued to send statements. At the second hearing, Restons tried to argue that the absence of a letter of assignment was of no consequence. The barrister referenced equitable assignment at length - a technical argument then ensured between the barrister and the judge as to the applicability of this to the case - in the end the judge directed Reston's to produce the letter of assignment - which transpired had been sent to an incorrect address...
What should I expect on the 23rd May? I have been representing myself and may consult direct access Barrister for counsel ahead of the hearing.
What should I expect on the 23rd May? I have been representing myself and may consult direct access Barrister for counsel ahead of the hearing.