It may well have been surprisingly easy if the judges area of practice was equity or trust law, or family law, if you need brain surgery you have a brain surgeon, if its heart surgery its a heart surgeon, the same principals apply in law,some judges arent up to speed in a particular area of law, and therefore need assistance of the parties to set out the case for them. If you cant present the case then you risk the judge applying the legal principles which he considers correct to the problem A good worked example was surrounding document which was required to be served under a provision a consumer protection statute. The trial judge was specialised in Landlord and Tenant Law, therefore when the issue over the notice arose the judge applied a Landlord case ( Manni Investments vs Eagle Star) and held that a bad notice was not fatal, it wasnt in the landlord case, but ought to have been under a well known case from the Court of Appeal. The point is that the judge would have made an error in judgment if it hadnt been for the fact that the lawyer in that case had drawn a court authority and legal commentary to the judges attention. The above was a point made to me by the solicitor who was involved in the actual case, that solicitor is a good friend of mine now.It goes to show that you cannot expect a judge to know everything, and you must bring the case to the table and set out your case properly and know your arguments properly. We really need to know what really went on to be able to see where this case is at and if there is a prospect of moving this forward

Has it been established that the Claimant has the necessary papers to get them over the finish line. It is often the case with Cabot from what i see, that they do not have the papers, or background info to win the day You can agree an extension of time for filing your defence, this is open under CPR 15.5 you can agree up to an extra 28 days with the Claimant and if you do you MUST write to the court and advise them you have agreed to the extension of time. This will allow you to seek the documents you need to properly assess your situation and to decide if the matter is defendable.

Well i think it takes the pee a little with their late submission of docs and statements etc, But the judge does have the powers to allow them to be admitted in to evidence, this is the trouble

No, you need to show that the Defendant has a prospect of success no matter how remote, at trial of winning the case to defeat a summary judgment application. you dont need to show that you will win, but that you MAY win, So id focus as well on the substantive points that may win the day for you at trial, i think that the section 78 point is a triable issue, for example, was the agreement dead or alive, was the default notice compliant? if it wasnt then its a bad notice and therefore the agreement cannot be terminated and thus the s78 request is valid and the reply is not valid as the document is not easily legible for starters and i have enough case law to show this point on its own can succeed at trial. As well, the judge should not allow the matter to become a mini trial, just some more pointers Do we have a skeleton argument? Swain and Hillman is a useful case on summary judgment too and its citied in the blackstones reference Also consider the Defence that has been entered, does it need amending? is that the reason why they applied for SJ If it does need amendment due to errors or weaknesses which have become apparent then this may assist

ID have a good look at the blackstones text though mate, because that tells you how to defeat a SJ App

This may assist from a claim which we defended and which they claimed ireland were the owners and claimant

Now that depends on how good an advocate the OP is and how much he knows about making an application off the cuff at the hearing. Its all very well us sitting here saying this is wrong thats is right, but we have to remember its not us stood in court there tomorrow, So i dont know really, i hope the Blackstones quote assists, its really the best i can do

It turns on the Defence also, If the defence was a load of twaddle and hog wash, then the court would be right to grant summary judgment, even if the Defendant has a Defence in his mind, if he doesnt show it on the papers he faces defeat

Ok There are sooo many triable issues in this case, But i dont know what to suggest to be honest, it seems to me that they have a prospect of success, and there is a risk of costs against There is so much preparation work here to do if i am honest. This is what Blackstones says on Summary Judgment

if your defence lacks merit then the appropriate order would be leave to amend, not summary judgment

oh Its summary judgment?? Then the playing field changes, Summary judgment is fairly easy to defeat. You dont need to show that you will win, only that you MAY win at trial to defeat SJ applications What arguments do you have to overcome their SJ application?

is it a fast track trial? or Small claims? Was leave granted for further witness evidence? it seems to me that this is tantamount to hi jacking, and frankly the Court should not allow it. However, in reality, if they have Counsel presenting their arguments id fear that they will get it into their evidence and the trial may go ahead, it depends on the judge.

whens the trial?

Now then This is the part that ruins them, you see Ireland didnt exsist at that time nor did it hold a CCA licence thus commits an offence pursuant to s39 CCA 1974 I cant see how this can get off the ground if submissions are made to the Court on these points as applying logic to this, it is clear that the Claimant lacks standing in the matter.

sorry but para 4 of that statement is nonsense Barclaycard confirmed that the current owner was HFO Ireland? How the hell did they do that if they sold it to Caymen? lordy lordy, thats just bonkers

it doesnt need to mention the amount within the notice, i would still put them to strict proof of a valid assignment, but i do not think that you can deny being informed of the assignment

then i think you will struggle with the defence on the lack of notice of assignment as you said , quote That is sufficient to show notice of assignment, and you clearly have received the aforesaid notice

Questionable, if they wrote then that in itself does not satisfy notice, what if Cabot Europe wrote not UK, for example, what if they said Europe owns the debt when the Claimant is UK? All of the above happened on the case which went to trial on the 29th October 2010 in Hastings, so merely writing doesnt cut the mustard, it has to be a little more than that

just a few observations in blue, havent had time to go over the full doc yet due to work commitments Did you make a section 78(1) request? If you did why havent you pleaded that in the Defence If they didnt comply then you must plead that too,

DX, I think that you need to remember that, if a person so decides to post the details of their case then that is entirely their call. I would love to post up more of the info that i have at my finger tips, as i am sure it would assist the wider audience, but there is such a thing as client confidentiality and when a client says please do not release this information then it is not something that can be discussed openly. And to point out that also, i posted the Kotecha judgment on here when it first came out and got abuse thrown at me, I have offered to share the info that has been used successfully, and my post promptly got moderated without reason,

but when you have a person giving direct evidence, such as "I placed the letter in the post box" then that will be given weight by the Court, and whether or not its right for the Court to decide that the letter was indeed posted surely becomes a matter for the appeal judge at the appeal court at the end of the day really. This is the problem, and it seems many judges are quite prepared to accept that too

no no no, i suggest that they may try to establish service via means at their disposal, i have seen this accepted by the Court recently in Hastings where they merely served witness evidence to say they served the notice I didnt say i agree with that and that its right, only that they may try it

then that comes down to witness evidence IE they produce the person who says they placed it in the care of the Royal Mail

its contained within the Deed, so yes mostly they do, some frown on it but at the end of the day, its not gonna get you to a winning position with who sends the notice,