Robinson Way Court Claim and Application for Summary Judgment

[citizenB]

You say the application for Summary Judgment is over 50 pages in total. I am assuming that they have supplied copies of documents, etc with that. If you have made a CCA request and they have not provided..

 

A copy of or a truthful reconstruction of the agreement..

Statements showing how the debt has accrued, identifying any default charges

and copies of the terms and conditions from both inception and at the time of default - then they have not fully complied not complied with s78(1) CCA and should not be able to obtain judgment.

 

Does the agreement you have contain all the prescribed terms ?

 

From the information you have provided, the debt was assigned in 2013. Who were you making your payments to up till 2011 ?

 

 

 

However, it is down to the Judge on the day. If you start blathering on about not being able to look at credit files that will detract from the matter at hand

 

They should have sent a default notice - however you continued to make payments so I am not sure whether that would help you.

[mercyblue]

I recently attended a summary judgement hearing, which was dismissed. You would need to send a witness statement to the claimant and court at least 14 days before the hearing. However you would need some clarity on why you think the SJ should be denied if you attend, because you won't have long to make it.

[alan7181]

I sent a Witness statement to the court and by email to the claimants with the points as per the above. Their response is

"With respect to the points requested in your statement regarding your dispute to the debt, I note the following:

1. A copy of the Loan Agreement has been supplied exhibited to our witness statement, together with statements of account.
   

1. A default notice is required if the creditor wished to demand early repayment. In this case, the agreement was for a fixed term of 5 years, and was opened in 2004. Early repayment was therefore not demanded.
   

You have requested Deeds of Assignment. We confirm the notice of assignments exhibited to our witness statement were served pursuant to s136 Law of Property Act 1925 and the statutory requirements for assignment are satisfied accordingly.".

In fact the loan agreement is only the first signed page with no Terms and Conditions. Similarly for the Deed of Assigment. They sent me a copy of the notice they sent me when the loan was assigned but not the actual Deed itself.

How should I respond ?

[AndyOrch]

No need to respond...simply await the hearing date and attend presenting your arguments.

 

Regards

 

Andy

[Bazooka Boo]

You won't get sight of the 'Deed of assignment' that's a confidential document between the two companies.

A notice of assignment is the best you're going to get.

[Guest]

alan

re def notice. yes, as mentioned, if s87 is not applicable then a s87 def notice wldnt be required.

looks like then it is down to proper execution of the agreement?