court claim from Robinson Way / Cap One

[the_shadow]

Hi Linz,

 

Apologies I've only just seen this thread after you alerted the site team. Ok it looks from what I've read as tho you now have everything you asked for and need to make a defence.. problem is you havent changed the defence and now its so late in proceedings

 

Ok, hopefully you'll get more/better advice from other site team members before tomorrow but in anycase:-

 

Ok, if you received all the documents from the court on the 12th then I would throw yourself on the mercy of the court and simply state to the judge that you are a litigant in person, not knowledgeble in court proceedings and unable to afford legal help but you have just received these documents and are still looking to put forward a defence and that you respectfully ask for further time to respond (7/14 days).

 

If the judge asks on what basis you think your defence will be on, I would just state that you have issues with the notice of assignment/default notice and the current claimants cause of action.

 

The downside to asking for more time is that you will more than likely be liable for the costs of the hearing tomorrow unless the judge decides otherwise. The only other possible strategy that I can think of at this late stage is to come to an agreement prior to the hearing with the claimant.

 

I think the agreement is a dead duck in that it looks to have terms and conditions although they are a bit small to read, you need to check that the prescribed terms are in there, if they are then the agreement looks compliant, if not then they will claim they were overleaf.

 

S.

[the_shadow]

Linz how did it go?????

 

 

S.

[the_shadow]

Linz,

 

Despite multiple requests during this thread you've not posted up the docs that have been requested to help you with your defence, specifically the default notice / Notice of Assignment. Is it because you havent got these documents? Are u saying you have never had a default notice?

 

Have you done a SAR of the original creditor in the past? if so do you have the comms log? does it show a default notice being issued?

 

To help you formulate a defence we need the complete picture, not drip feeds I'm afraid to say.

 

The agreement you posted up right at the start of the thread, IF the original agreement looks compliant to me, it does contain the financial prescribed terms and if signed by both you and them would be deemed an enforceable agreement imvho. After x missed payments you should have been issued a default notice and advised your credit rating was going to be marked with a default, this they would have done prior to selling your account on... when you would/should have been issued with a notice of assignment.

 

As to the sale of the company and all assets as it was in liquidation? to another company and then them suing you I would like to think that they would need a new NoA to show the transfer has been done but I'm not certain as it was more a recreation of the same company without its own debts rather than a new DCA to deal with.

 

All just my opinions I should add

 

S.

[the_shadow]

Shadow no SAR has been done to the original creditor

 

Ok,

 

[edited advice] Just remembered where we are with this..

 

The default notice should have been issued prior to your account being sold and being honest capone are normally very good at sending these.

 

The judge has given you a chance to get your amended defence in but i worry that you have a fightable case. I think the judge will just accept the creditors saying that capone normally send these out as part of there core business thus you must have received it, balance of probabilities

 

..however the joining of this lack of default notice or them being able to positively prove you received it alongside the NoA issue may work in your favour.

 

I think you need help from one of the HFO people who have good knowledge of wrong claimant issuing litigation as if this debt was assigned to one firm if that firm liquidated and was brought out by another should they have issued another NofA I reckon so.

 

S.

Edited October 23, 2010 by the_shadow

[the_shadow]

Linz, any luck getting those docs scanned and posted on photobucket?

 

S.

[the_shadow]

At last!!!!

 

Linz2011, I'm really sorry but the claim number can be seen on both attachments through the biro marking out and the name and address on the supposed notice of assignment.

 

If you could re-edit the files and post them back up

 

S.