No problem, I will have it up this weekend.

To be honest it was very rushed, and I believed the points raised (deed of assignment & statutory notices) at best would have taken it to trial or had the case adjourned giving me more time to negotiate a settlement. I didn’t believe it would be discontinued. I can only assume a problem was lurking with the assignment because the statutory notices could have easily been resolved.

It didn’t even make it to court, after I refused to settle for £600 they swiftly wrote back and discontinued the case. I’ve not had a chance to upload the statement yet but hopefully get around to it this weekend.

Maybe but I won’t upload until the case is resolved either way. The other day you told me I had no defence. This statement was also compiled from research I’ve done outside of this forum. If you feel I’m being unreasonable or its against your rules, then I’m happy to remove my account.

I will be able to share that dependant on the outcome of Tuesdays hearing or if they walk away from the case before then. I don’t want to jeopardise anything just yet. After reviewing the letter again, it stated let us know if you don’t want to settle for £600 so we can take further instructions from our client. So, I called to give them every opportunity to walk away from the case before Tuesday’s hearing. Let’s see what happens between now and then. I will update this post as soon as I have anything more to share.

I seem to be wearing down Mortimer Clarke, after refusing a settlement they now want to accept one having sighted the witness statement. I’ve told them to carry on to court, lose and pay my costs and their own!

After reviewing my witness statement Mortimer Clarke have stated their client is willing to accept a settlement of £600 which was my last offer to them! Thats because they have absolutely no chance in winning their case. I have told them to proceed to Tuesday’s hearing, where they will either have their claim dismissed or have it sent to trial and have to pay my costs and their own expenses.

I would be arguing that credit agreement is not legible for starters - Does it say anything about the Onbudsmen service? Default notice doesnt show the FCA sheet that should have been included. I would be questioning what date and method of post was used to serve it because the minimum required 14 days may have not been provided especially if it was sent 2nd class. No proof they have been sending you notice of sums in arrears notices. - Makes the agreement unenforcable until its completed. Should be done a minimum of every 12 months or as in the agreement.

One thing I can pick up on straight away is the fact your debt was assigned to Cabot Credit Managment Group however its Cabot Fiancial (UK) Ltd whos taken you to court. They are not FCA authorised and cannot enforce a regulated agreement in court. The ownership title needs proven. Its likely that its Cabot Financial (UK) Ltd but they have to use a service provider to enforce the agreement, thats where the other arms of Cabot come into play. It gives so some wriggle room to force them to show the deed of assignment. Can you upload a better image of the terms of the agreement?

Do you have your own post up with your claim? Im fighting this one on a couple of technical defences.

Yes I agree they were being sent before default but they still have to send them until a judgement is given at least annually.

What about notice of sums in arrears. I’ve never had any notices after the debt was assigned. CCA 1974 s86(d) states the agreement is unenforceable during a period of non compliance. Notices should be provided at least every six months.

Thanks for your assistance

So you think settle before hearing if possible? do you think my 2 points above are weak arguments?

I’m not sure who has added the MBNA to the text or title of this post, it wasn’t me. The card was a Newday Fluid. The IP address is ours I investigated that. I don’t remember taking out the card at all! After looking at the bundle of evidence they have submitted I can see 2 points to go back at them with which may be enough to stop the summary judgement. 1. I don’t recall receiving a default notice, as this is a purchased debt they are relying on information from Newday. They have provided a default notice but have failed to show proof of service. 2. In the credit agreement page 21 onto 22 of the exhibits “how can the agreement be ended” it states they can cancel the agreement giving 2 months’ notice and then goes on to say in the same headed section about repeated missed payments etc. At the bottom it states “we will give you advance notice and the chance to fix the breach before taking these steps”. As a default notice is a termination of the agreement could I argue even if the default notice was served they didn’t give me 2 months as in the agreement. I know in other credit agreements I have they clearly differentiate between normal termination and default termination. What are your thoughts?