Jump to content


In Court Monday,can't prove a negative.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5530 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm in court on Monday and defending on the basis that I received

1) Only a copy of the face page-without t&c's on the reverse-of the agreement.

And did not receice:

2) Default Notice

3) NOA

 

The claimant will doubtless produce a copy of the DN in court but I never received one and can't prove it. What happens in a 'their word against mine' situation?

 

I have never received a copy of the NOA which I beleive should have been sent recorded delivery, but accompanying the claimants witness statement is a letter I never received from a debt collection agency which includes the words 'Notice of Assignment' and refering to an assignment between the original creditor and CL Finance. Does this letter from the DCA constitute a proper notice of assignment?

Link to post
Share on other sites

Hi, In my particular case the claimant said "we didn't get it back, so it must have been delivered"

Fact or fiction, as you say you can't prove a negative.

Incidentally, I'm sure with a NOA you have to get one from both original creditor and the new creditor.

I'm sure you'll get a more knowledgeable cagger with you later today.

 

Bill

Link to post
Share on other sites

The will have to make all documents available to you (before the Hearing) and not just turn up to it without doing this, if they do, do this then inform the judge at the Hearing that they have not followed the procedure (or directions if there were any) and that they should not be able to rely on a default notice which you have never been sent.

 

You should at that time put them to strict proof that they did send it to you with a original copy for the Hearing, they can not just bring documents along as they see fit, but may seem to think they can do this, as you may not object.

 

If I was you, I would wait for a more knowledgeable Cagger, see what they say and I personally would send a letter to Court informing them that they have failed to produce a DN or NOA (if that was in your defence) and see what happens.

Link to post
Share on other sites

as has been stated, they cannot whip out a stash of documents on the day as they do on tv; they must allow you to see everything they plan to rely on in court.

 

If they have not shown you a copy of the DN, and its not mentioned in their skeleton, you can defend on this point. A DN is essential before court action.

 

Good luck with this, look through other threads for people experienced in court, it may help...

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...