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    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
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Rashley V's Westcott


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Right, court rec'd acknowledgement of claim on Friday. No response to request for info from Westcot solicitors.

 

I assume, I give them enough time as stated in my letter (that which they are allowed by statute) and if nothing rec'd, submit a defence based on non-disclosure.

 

Is that about right

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Right, court rec'd acknowledgement of claim on Friday. No response to request for info from Westcot solicitors.

 

I assume, I give them enough time as stated in my letter (that which they are allowed by statute) and if nothing rec'd, submit a defence based on non-disclosure.

 

Is that about right

 

That is exactly right. Browse through the forums and you'll find plenty of examples of holding defences. It shouldn't be too difficult to adapt one to suit your circumstances.

 

One factor I am picking up on is the need to include the paragraph stating that CCA 1974 and not the CCA 2006 is the relevant act very close to the top of the defence. There are far too many judges content to ignore unenforcability issues when the High Court case law is binding upon them.

 

Just a personal opinion.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

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LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Me again !!

 

No word from solicitor so assume I should file a holding defence ASAP (deadline 19/10/2009)

 

Sound about right ?

 

That is exactly right. There are plenty of examples of holding defences on the CAG site, so do some research and put something together. It is much better if you understand what you are putting together, as you will have to argue your case in court.

 

Copying and pasting someone else's defence without understanding it is a big mistake.

 

If you need any help, we're always here.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Hello Rashley.

I am not qualified to give advice, but you have my full support.

I have read on a previous post that clicking on the triangle alerts the site team that somebody needs help!!

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That looks as though it will need very few amendments to be good to go. I would include the following paragraph in position 11 -

 

The Assignment

 

The defendant requires sight of the deed of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents, the defendant notes that if there are errors in the assignment it may be rendered ineffectual in law per W F Harrison and Co Ltd v Burke and another - 1956 2 All ER 169

 

Also, I have to question this - The letter you have posted in Post #19 says "Mr. R Ashley", yet point #9 of the Defence says ".....allow the Defendant to prepare her Defence". Something doesn't quite ring true there.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Sorry for delay chaps, not been well.

 

Have added suggested paragraph in position 11 and decided that I am a man so changed all her to his. Look OK ?

 

How do I send this? Does it need to be on a court form or just in an envelope?

 

Does it say enough about charges so that I can at least discount them from the claim ?

 

Sorry, but only got about an hour to get to post !!!

 

Lady at court said I could file by fax, is that right ?

In my Defence 2.doc

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There should be no need to chase up cpr request.

The request and non-compliance is stated in your defence.

 

Claimant will be made aware of your defence and I think has 28 days to respond.

If they fail to respond the Judge will most likely order a stay.

This can only be lifted by permission of the court and Claimant will have to apply.

 

If they carry on they will need to produce the documents under your cpr.

 

Do not chase for information as this is now with the court.

Just sit tight at the moment and wait to see if they respond.

 

Hopefully someone more knowledgeable will be along to advise further.

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