Summary Judgement

[Gadgetady]

Hi ,
I applied for a credit card in 2004 with c o and in 2011 it was defaulted and then the debt was sold on to cabot financial in 2015. They are now trying to throw my defence out stating i have no chance of winning and want an order against me. The evidence they have is an original application form with the terms and conditions on it so i was wondering is it enforceable ?

[The Tech Clerk]

Cabot try and get you to withdraw defence they do it to all ( sometimes before they discontinue) not always discontinue though? Diana Mayhew

[The Tech Clerk]

send CCA 1974 for checking nor rubbing out to :- webmaster@all-about-debt.co.uk he will say if enforceable or unenforceable

[Joanna Connolly Solicitors]

I applied for a credit card in 2004 with c o and in 2011 it was defaulted and then the debt was sold on to cabot financial in 2015. They are now trying to throw my defence out stating i have no chance of winning and want an order against me. The evidence they have is an original application form with the terms and conditions on it so i was wondering is it enforceable ?

Hello

May I ask you a few questions before making any suggestions since you have a live legal claim which needs careful handling.

First of all there's more to winning a case than an enforceable credit agreement. Debt purchasers have plenty of other legal hurdles to jump!

Who was the original creditor for this 2004 credit card and how was it opened (online, in branch, invitation letter etc)? You've referred to "c o" but I''m not sure who that is.

Is the Claimant Cabot Financial Ltd or Cabot Financial (UK) Ltd or Marlin or another part of the Cabot Group? It matters.

Are the solicitors Mortimer Clarke, Restons or Shoosmiths?

I'm guessing from what you say that they've sent you documents and at the same time threatened to make an Application to lift the stay and go for a Summary Judgment. Or have they already made their Application and served the papers on you?

Perhaps your Defence was based on them not complying with your s 77-78 CCA Request (did you send them a formal request with the £1 statutory fee?) and if so, you may need to file an Amended Defence depending on what has happened so far. I can only speculate at this stage.

How long ago was the claim issued and how long has it been stayed?

Sorry for all the questions but in order to be helpful it's necessary to have the full facts. I look forward to helping you.

Di

[Gadgetady]

Hi Di
The original creditor was Capital one.I filled in an application form by post.Cabot Financial (UK) Ltd and Shoosmiths llp are their solicitors..They have already served papers on me and the hearing is on the 17th of this month. I never asked for a cca request but i asked for a Default notice with the £1 fee on the 6th or 7th Jan 2016 . I received the paperwork on the 26/6/2018 roughly 2 1/2 years later. They have also sent me a copy of the agreement..

Regards....

[Joanna Connolly Solicitors]

Hi Di
The original creditor was Capital one.I filled in an application form by post.Cabot Financial (UK) Ltd and Shoosmiths llp are their solicitors..They have already served papers on me and the hearing is on the 17th of this month. I never asked for a cca request but i asked for a Default notice with the £1 fee on the 6th or 7th Jan 2016 . I received the paperwork on the 26/6/2018 roughly 2 1/2 years later. They have also sent me a copy of the agreement..

First things first.

Immediately send a s 77-79 CCA Request to Cabot Financial (UK) Ltd with a copy to Shoosmiths solicitors. Do this by Royal Mail Recorded Delivery on Monday morning. You must include a £1 postal order for the statutory fee with the CCA Request to Cabot.

If the Hearing is listed for 17th October then time is of the essence.

You will need to file a Witness Statement at court and serve it on the Claimant seven days before the Hearing.

How much is the claim?

Di

[The Tech Clerk]

Claim Received CCA Request Template GET THIS OFF 1st Thing Monday 1st class (RECORDED DELIVERY) , also contact Diana Mayhew Mayhew you are only very limited time

[Gadgetady]

£3552.93. How do i file a witness statement and what would i say in it?

[The Tech Clerk]

£3552.93. How do i file a witness statement and what would i say in it?

0330 053 9340. Ring Diana Mayhew now or E-Mail:-di@joannaconnollysolicitors.co.uk

[Joanna Connolly Solicitors]

£3552.93. How do i file a witness statement and what would i say in it?

If you would like Jo or me to look at the documents you can email me on di@joannaconnollysolicitors.co.uk as soon as possible because you are short on time.

Di

[Joanna Connolly Solicitors]

£3552.93. How do i file a witness statement and what would i say in it?

A Summary Judgment is when the Claimant asks the court to strike out the Defence on the basis that it has no merit so the case shouldn't proceed to Trial.

The way to successfully contest a SJ is to persuade the court that there are arguable legal issues which should be decided at Trial and not knocked on the head without a proper airing.

I note this was a Capital One credit card assigned (or not ) to Cabot Financial (UK) Ltd and the solicitors are Shoosmiths. I believe that there may be other legal arguments which are more than just whether the credit agreement and Default Notice are compliant with the Consumer Credit Act.

It may be you need to file an Amended Defence to reflect what has taken place since then.

Thank you for your email. I'll reply to you in a moment.

Di

[Joanna Connolly Solicitors]

I've looked at everything and discussed the situation with Jo.

Your Witness Statement needs to be filed by 4 pm Thursday.

Would you be kind enough to reply to my email when you can.

Di

[Gadgetady]

Thanks for your response but im not sure which email you are referring too...

[nanna58]

The email in post 9 from the tech clerk XXX .

[nightwatch]

post 11 Di said she was replying to YOUR email so I would think you need to reply to it. NW