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court claim from Robinson Way / Cap One


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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.

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Linz how did it go?????

 

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi all sorry for the delay - it was awful the judge would not listen at all said I wasnt entitled to speak as I had not submitted an amended defence - anyway after much ado she eventually adjourned it with reserved costs and advised me to get a solicitor! Need to get an amended defence in as soon as possible.

 

HELP!!!!!!!!

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Hi, I am sorry but I can't help so all I can suggest is the triangle again.

I have submitted defences but do not know how you could amend them to suit your circumstances. You could look in the legal successes section for anything with Monument/Providian and see if there are defences used there that you can start to work on.

Cy

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sent some sos'

can you just give brief of what you have done etc and what you need?

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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.

  • Haha 1

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi

I have not received a default notice not is there a copy in the pack I received and I am happy to post up the notice of assignment - what other documents are needed scanning in?

Thanks

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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 by the_shadow

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi linz

 

I see you lost out on the judge lottery and got one against LiPs. Maybe next time you will get one a bit more sympathetic but to be safe, can you afford a few hundred quid for a barrister to attend the court (you get it back WHEN you win but in the meantime you have to lay out the cash. Is the amount claimed worth spending that kind of money?

 

OK, as far as your amended defence goes, what was the date of the original N1 claim form and whose name is the claimant? Can you post up the follwoing docs

 

1. the original NoA from when CapOne sold the debt to to RW

2. the application to restore and the amended POCs

 

Where you ever notified of the transfer after RW went bust?

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi I will get the docs scanned up. One thing I have picked up on is the terms and conditions stipulate that charges of £10 will be paid for late payment/overlimit and all the charges on the statement of account are £20 - is this something I could use against them?

 

Thanks guys really appreciate your help with this. Shadow I have posted the SAR off and sent a cheque however, think the hearing will be before the 40 days period. I have seen a solicitor (free service) and he said he definately said there were some significant underhand dealings with the paperwork and he suggested I see another solicitor who specialises in litigation (he was a criminal lawyer) but in his opinion it was worth fighting!

 

Just wanted to give you a bit of background.

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

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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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.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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