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Hi
can someone give me a bit of advice
please? I do have to act quickly though to prevent bailiff action.
i recently received a writ on control for a judgement I was not aware has been entered, the claimant listed is Cabot. They alledged I owed them money for an account I apparently held with them but failed to keep to the agreed payments. Naturally I put an application in to the court to stay the warrant and set a side the judgement, based on:
i was not aware of the original hearing,
I do not owe Cabot any money
i have never had any financial dealings with them
i have never received any communication from them
i can defend the original claim.
Upon receiving the date for the hearing I also received shortly after a letter from restons. The letter informed me that the original creditor was capital one and the debt was assigned to Cabot. It went on to tell me their clients records indicate the original agreement was on or around 19/7/2010. It states that capital one had a contractual right of assignment and that I failed to maintain the minimum payments required by the statement of account.
They suggest I look through my personal records as the documentation I have requested has been provided throughout the lifetime of the account. (I have not even heard of res tons prior to this letter, let alone make any requests for documents from them, or anyone).
if I did not withdraw my application they would be opposing my application at the hearing.
5 days ago I received another letter from the bailiffs, with further intentions of a visit (obviously the stay ot the writ had been ignored).
So yesterday I attended the hearing. There had been a letter sent to oppose my application (no one was attending for the claimant) although i was omitted a copy, it was read out to me in court.
So here's my issue the set a side was denied on the grounds that I had not provided any documents to the court to prove I could defend the claim and that the alledged debt was incorrect. I explained that I do not have any documentation as I have never dealt with the claimant and had no financial dealings with them. However the judge referred to Capital One. I explained I was only aware of the assignment of a debt between Cabot and capital one upon receiving the letter after my application was submitted and the claimant was Cabot.
So so I have the threat of a bailiff arriving to remove goods for a debt over 500.00 that has a judgement lodged against me for an account I have not opened and I do not owe the balance claimed.
Should I enter a new application to set a side and provide evidence I do not owe the amount claimed, plus again request a stay on the warrant until the hearing?
You see I did take restons advice and looked through my old papers, I keep anything retlating to accounts, agreements etc and yes as I originally thought my capital one account Opened 30/04/2005, I did however default the account according to a copy of my credit file 06/04/2009 bal 264.00. I was young and very foolish back then. So I know I can defend their claim all the way. I did not open a second account in 2010 as they alledge? according to capital ones paperwork it states do not reapply for a capital one account if you already have one as the application would be declined.
any help on this would be greatly appreciated.
can someone give me a bit of advice
please? I do have to act quickly though to prevent bailiff action.
i recently received a writ on control for a judgement I was not aware has been entered, the claimant listed is Cabot. They alledged I owed them money for an account I apparently held with them but failed to keep to the agreed payments. Naturally I put an application in to the court to stay the warrant and set a side the judgement, based on:
i was not aware of the original hearing,
I do not owe Cabot any money
i have never had any financial dealings with them
i have never received any communication from them
i can defend the original claim.
Upon receiving the date for the hearing I also received shortly after a letter from restons. The letter informed me that the original creditor was capital one and the debt was assigned to Cabot. It went on to tell me their clients records indicate the original agreement was on or around 19/7/2010. It states that capital one had a contractual right of assignment and that I failed to maintain the minimum payments required by the statement of account.
They suggest I look through my personal records as the documentation I have requested has been provided throughout the lifetime of the account. (I have not even heard of res tons prior to this letter, let alone make any requests for documents from them, or anyone).
if I did not withdraw my application they would be opposing my application at the hearing.
5 days ago I received another letter from the bailiffs, with further intentions of a visit (obviously the stay ot the writ had been ignored).
So yesterday I attended the hearing. There had been a letter sent to oppose my application (no one was attending for the claimant) although i was omitted a copy, it was read out to me in court.
So here's my issue the set a side was denied on the grounds that I had not provided any documents to the court to prove I could defend the claim and that the alledged debt was incorrect. I explained that I do not have any documentation as I have never dealt with the claimant and had no financial dealings with them. However the judge referred to Capital One. I explained I was only aware of the assignment of a debt between Cabot and capital one upon receiving the letter after my application was submitted and the claimant was Cabot.
So so I have the threat of a bailiff arriving to remove goods for a debt over 500.00 that has a judgement lodged against me for an account I have not opened and I do not owe the balance claimed.
Should I enter a new application to set a side and provide evidence I do not owe the amount claimed, plus again request a stay on the warrant until the hearing?
You see I did take restons advice and looked through my old papers, I keep anything retlating to accounts, agreements etc and yes as I originally thought my capital one account Opened 30/04/2005, I did however default the account according to a copy of my credit file 06/04/2009 bal 264.00. I was young and very foolish back then. So I know I can defend their claim all the way. I did not open a second account in 2010 as they alledge? according to capital ones paperwork it states do not reapply for a capital one account if you already have one as the application would be declined.
any help on this would be greatly appreciated.
