Jump to content


They don't have DN or notice of assignment, worth fighting?


eddie303
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4063 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

Hello dear forum users,

 

I sent a CPR 31.14 request to the latest company who has taken me to court for a 12K debt, bought from original lender, in order to get a Charging Order. I also filed an embarrassed defence. After many weeks they finally came back with a copy of the original agreement, but admitted they can't get the original Default Notice or Letter of Assignment from the original lender. They did send, however, a copy of the original lender case management system notes showing date the DN was sent, and a grainy screenshot of their Debt Recovery computer system, showing the Notice of Assignment was sent. However it doesn't say "Notice of Assignment", it just shows an internal letter code that they say is recognised as a NOA.

 

Judge has now given them permission to lift the stay on the case, and I have the opportunity to submit an amended defence.

 

I just wondered what people's opinion on here is of my chances of success trying to defend on the basis I never received DN or NOA? I suspect the judge is not going to be too sympathetic to that argument, but just wondered what you guys think before I decide against it.

 

thanks in advance!

Link to post
Share on other sites

a compliant dn, if applicable, is required before enforcement. case law supports that.

as for NofA, looks like that they can show that one was issued. but, get them to prove it, as well as the dn.

Link to post
Share on other sites

Yeah I know about the requirements of a compliant DN, but if they have "case management notes" showing that it was supposedly sent, and I argue that they must prove they sent it to me, is the judge then likely to accept that they probably did send it, even though they don't have concrete proof?

 

Obviously I won't know unless I try and defend it, but I'm just trying to weigh up if it is worth the hassle, as in my past attempts to defend other cases where the lender didn't do things correctly, my arguments have just fallen on deaf ears.

Link to post
Share on other sites

you've answered your own question! ie who knows what the judge will accept on the day, on balance. if they can show on balance one was sent/'probably' sent, then likely to be accepted as such!

from what you say, looks like their computer system notes show that they issued/sent one

Edited by Ford
Link to post
Share on other sites

OK, lets say I do make the probably stupid decision to decide to fight this :-)

 

... and in court I say that I have not received the DN, and I put the claimant to strict proof that they did send it.

 

Is that likely to land me in any trouble? In the sense that it is seen as making some kind of wild accusation that the claimant is lying?

Link to post
Share on other sites

You should also have opportunity to object to the stay being lifted for the grounds you state.Was there hearing for the lift of stay? Was you invited to object set a side submit a Witness Statement?

Did you receive a copy of their application to lift the stay?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You should also have opportunity to object to the stay being lifted for the grounds you state.Was there hearing for the lift of stay? Was you invited to object set a side submit a Witness Statement?

Did you receive a copy of their application to lift the stay?

 

Regards

 

Andy

 

Hi Andy,

 

All I got was a General Direction Order with copy app to stay attached, but on the order it said the Judge would deal with the app to stay without a hearing under cpr 23.8©, and that the app to lift stay is granted.

 

It then went on to say I have permission to submit an amended defence by 13th Feb (which is what I asked for in the embarrassed defence). If I don't then its automatic judgement for claimant.

 

Thanks.

Link to post
Share on other sites

Need to consider your options then eddie and research facts /case law that support your defence.Most if not all Claimants are not required (by law/statue )to retain a psychical copy of the DN...just proof of release.

Same would apply to the NoA ...they could therefore submit reconstructed versions.You really should only rely on these documents if you have originals and there are genuine errors contained.

 

Have you not got anything further by way of dispute?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Need to consider your options then eddie and research facts /case law that support your defence.Most if not all Claimants are not required (by law/statue )to retain a psychical copy of the DN...just proof of release.

Same would apply to the NoA ...they could therefore submit reconstructed versions.You really should only rely on these documents if you have originals and there are genuine errors contained.

 

Have you not got anything further by way of dispute?

 

Regards

 

Andy

 

Thanks Andy, that answers the main question I was wondering. I think I won't bother fighting this one in that case. There isn't anything else significant that I can use that I can see. Even if there was any question about dates of DN etc., I've had two cases already where the Claimant made big mistakes but the local Judge doesn't care about the law he said it doesn't work in practise.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...