**DISMISSED!!** Urgent help - hearing 10/11

[Addocain]

Re: Urgent help - hearing 10/11

Please can anyone help?

Thanks in advance

[nemesis45]

Re: Urgent help - hearing 10/11

Please can anyone help?

Thanks in advance

The agreement is unreadable in my opinion and you put this in Your WS to refute there's.

nem

[Addocain]

Re: Urgent help - hearing 10/11

Thanks Nem - what happens if they bring better copy to Court?

I have already filed witness statement as it was due by 26/10

Lowells have never forwarded me the docs either I obtained a copy from the Court.

Also any thoughts re Notice of Assignment? As per LPA do they not have to provide a better copy?

Thanks again

[nemesis45]

Re: Urgent help - hearing 10/11

Thanks Nem - what happens if they bring better copy to Court?

I have already filed witness statement as it was due by 26/10

Lowells have never forwarded me the docs either I obtained a copy from the Court.

Also any thoughts re Notice of Assignment? As per LPA do they not have to provide a better copy?

Thanks again

The documents upon which the claimant intends to rely should be the same as those disclosed with the WS. My guess is they expect you to blindly accept that document and withdraw your defence.

nem

[Addocain]

Re: Urgent help - hearing 10/11

I am just worried it may be because it's a scanned copy and that it's the quality of the scan making it unreadable.

Any thoughts re Notice of Assignment?

Thanks Nem

[nemesis45]

Re: Urgent help - hearing 10/11

I am just worried it may be because it's a scanned copy and that it's the quality of the scan making it unreadable.

Any thoughts re Notice of Assignment?

Thanks Nem

Is the hard copy you have as unreadable the scanned one, can it be easily read in all parts?

In England and Wales Civil Law cases are decided on the balance of probabilities and I guess on this claim it's down to the judge entirely, one judge may see on balance that the debt is unenforceable another may not so your WS must robustly refute the claim.

[Addocain]

Re: Urgent help - hearing 10/11

I have never been served with a hard copy. Lowells emailed the Court and the Court forwarded them to me.

[nemesis45]

Re: Urgent help - hearing 10/11

I have never been served with a hard copy. Lowells emailed the Court and the Court forwarded them to me.

OK I think my suspicions on their use of an unreadable agreement are right a ploy to make you give up.
I also suspect that Lowell " solicitors" are in ignorance of the requirement for a document to be easily legible in all parts.

nem

[Addocain]

Re: Urgent help - hearing 10/11

Is it worth raising objections that they failed to comply with the Court Order and even if they had sent the docs at the same time they filed with the Court they would be only received three days before the hearing and 7 months after CCA request

[nemesis45]

Re: Urgent help - hearing 10/11

Is it worth raising objections that they failed to comply with the Court Order and even if they had sent the docs at the same time they filed with the Court they would be only received three days before the hearing and 7 months after CCA request

Yes of course it is a " Witness " statement so it's your side of the " story " in answer to theirs.

nem

[Addocain]

Re: Urgent help - hearing 10/11

Thanks - do you have any case law regarding the unreadable terms and conditions?

Do you agree that they need to provide me with a copy of Notice of Assignment?

[charitynjw]

Re: Urgent help - hearing 10/11

Thanks - do you have any case law regarding the unreadable terms and conditions?
No need for case law.
http://www.legislation.gov.uk/uksi/1983/1557/body/made

Do you agree that they need to provide me with a copy of Notice of Assignment?
Not necessarily.
If the original is not available, evidence that shows, in the balance of probabilities, one was most likely sent, may be sufficiently persuasive.
It would then be up to you to provide rebuttal evidence.

####

[Addocain]

Re: Urgent help - hearing 10/11

Thanks again

But how can they say they sent one when they can't give exact date or provide copy?

Surely if they can't do this then how can they prove they have legal standing in these proceedings?

[charitynjw]

Re: Urgent help - hearing 10/11

You mentioned previously that the NoA evidence is supported by a 'statement'.
By whom, what does it say & does it contain a signed declaration of truth?

[Addocain]

Re: Urgent help - hearing 10/11

Hi

Think it is attached.

It says NOA was issued to Defendant around 10 June 2013, a copy of the template which would have been sent is attached.

Statement signed by Legal Assistant at Lowells with statement of truth

- - - Updated - - -

This is what I have found:

Law of Property Act 1925

Under section 136 of the Law Property Act 1925 (“LPA 1925”) notice of assignment must be given to the other party to a contract (i.e. the borrower) expressly in writing. There is no prescribed time limit for giving notice but the assignment is only legally valid when the borrower receives the notice.

Until proper notice is given, only an equitable assignment has taken place. An equitable assignment differs from a legal assignment in that where there is a legal assignment the assignee can bring an action (e.g. for recovery of a debt) in its own name against the borrower. On an equitable assignment the assignee would need to join the assignor as a party to the action before an action could be brought against the borrower. Alternatively, notice would have to be served in the correct manner before an action could be brought in the assignee’s name.

Section 136 LPA 1925 is silent as to how the notice should be served. The default statutory provision is found under section 196 LPA 1925. It provides that if notice is given to the other party by registered letter and is not returned undelivered, it will have been deemed to have been served. This means that whilst notice may be given expressly in writing, it will not be deemed served unless it has been sent by registered post.

Section 196 LPA 1925 refers to “registered letter”. The postal service “registered post” no longer exists. Instead, a notice should now be sent either as first class post with a certificate of posting (available through Royal Mail) or by recorded delivery; under the Recorded Delivery Act 1962 any notice which is deemed served by registered post will also be deemed served if sent by recorded delivery.

Section 196 (5) also states that its provisions extend to notices required to be served unless a contrary intention appears. In other words, if there is an express clause in the contract (which would include a lender’s mortgage conditions) that stipulates how any notices necessary under the contract are to be served, that will take precedence over the statutory provision in section 196.