We'll need to review how to defend - the CCA is the main issue, but there are other issues here with documentation and if the Judge disagrees with our views in the CCA, we need something else to back it up

**Cough, cough**

Don't panic, Captain Mainwaring!! There's another 2 weeks to put your defence together, based on what you've said earlier in the thread about service date being Monday gone. Have you acknowledged service with an intention to defend, now? If not, do it urgently, or they may seek - and get - judgment by default. Not sure why you would do that when the debt is totally unenforceable, but I understand. if you want to settle, you would write to the claimant's representatives with an offer of settlement without prejudice to the claim and ask them to agree to your terms. Then the negotiations will begin.

It was either dismissed as it had no merit given the documentation that they've disclosed since, or because you weren't at Court for the hearing and the email didn't reach the Judge in time.To save time and more wasted applications, I'd acknowledge and defend it based on what you've got now.

The Application was dismissed, or the case?If the Application, you seem to have enough info to now acknowledge and defend on the basis we've been talking about throughout all of this - i.e., unenforceable credit agreement

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=24&a=228

Not on the same basis as the Test Case was heard on, at least - doesn't mean there aren't other ways to challenge fairness, just avoid using UTCCRhttp://www.consumeractiongroup.co.uk/forum/announcement.php?f=24&a=228:thumb:

Private threads go against the ethos of this site and are not utilised on a regular basis - requests are usually denied unless there is a very good and compelling reason for a private thread. They have also back fired on what the CAG ethos is intended to provide with users given those privileges abusing them and/or not returning with updates once success has been gained. My view is they shouldn't be used at all and it's up to Admin to decide where, when and why they are utilised. If you come to CAG for help, why would you then not assist the rest of the community by openly sharing progress? I, for one, will only help on private threads that are made public after the 'sensitive' period where privacy is required has past. We are here to help each other, not to take and not give back what we get :thumb:Guests are good - there's always someone out there with experience relevant to us that can and they are encouraged to register and contribute.Agreed our approach is open to abuse, but the benefits far outweigh the costs.

Not really. Hopefully the email was received and filed and reviewed by the Judge as part of the hearing. The fact you've notified them in person that you won't be attending will mean that you get a chance to object to any order made once you've received it - but you have to do that within 7 days. The next step is to await the Court order in the post The problem been they will have opposed your request for information, otherwise there was no point in them attending, and the Judge may have reserved the costs of the hearing as part of the case, meaning should you lose you will have to foot the bill for their attendance, even if this is allocated to the small claims track at a later date. (The hearing taking place outside of the small claims track) As you've a relatively high chance of winning this, I'd say this is nothing to worry about. Just check that the case is transferred and make sure you attend as ordered going forward

Cases are automatically transferred when they are allocated to track - this one hasn't been allocated yet, but should have been transferred when you requested it. Something else to discuss with the Court. It looks like they need to vacate the hearing, transfer the claim and have it relisted at your local Court. If you're agreeable to the delay, that is.

You can request a hearing, or not, but the Court will decide if one is needed - again, what does this Notice of Hearing order state? I'm surprised if they aren't expecting you to be there, so we must respond to the Court around the contents of that letter and tell them you won't appear in person. (Which should have been done 5 days in advance, really) This should be easier, for you, though, as you can prepare your statement in advance, but it needs to be with the Court in time to be added to the file before the hearing takes place to be considered.

Not aware of those. Does the Notice of Hearing say that?

I think it's too late to reply by post. Fax maybe, but the Court won't see it before the hearing. I'd prepare a statement so you can provide it when you arrive and the Judge will probably look at it before calling you in.

Two things: I think you're worried about going to Court yourself. Which Court is this? We may have a Court buddy available that could go with you for moral support. Second thing is, the Judge won't understand it either. Remember that in most cases, Counsel assist the Judge with technical arguments - especially in the County Court, as these Judges really are the 'GP's' (someone will slate me for saying that, but there you go) of the Legal System. They deal with so many types of claim that they won't understand your own in depth. (This is the equivilent of expecting a brain surgeon to work at your GP surgery) It's up to you to be able to articulate your claim and why you should win. On the other hand, though, this is going to be invaluble experience for you. This hearing is about the application, though. Nothing else. So, have they provided what you asked for, what is missing, what directions should the Court give, etc.

Feeling a bit better now, God it's been a bad week. Couldn't stand up on Friday morning and thought I was going to have to call 999 as I couldn't breathe. (Asthma) Anyhoo... SH, the issue here is you need to decide the answers to your questions yourself - no one can judge how a Judge (sic) would see the claim, so you need to come up with the arguments needed to sway him in your favour on the balance of probabilities. Depending on how you see the NoA issues, the next step is to decide if you have sufficient detail in the claim to defend - this isn't about documentation, as what they've sent you is probably sufficient to support what we think they are claiming, but the wording of the claim is insufficient to enable you to defend the claim properly. No mention is made to the agreement, no detail of how the amount has been calculated, etc. The NoA was always in addition to those arguments. If you think the claim is detailed sufficiently and that the documentation given is in order, the next step is to consider your position on defending. Unfortunately, the technical arguments boil down to if you think the debt is enforceable or not. If so, the DN, the NoA and the rest of it are technicalities, all of which can be remedied by the Court granting time to the Claimant and them taking appropriate action. If not, their whole claim fails, as the other arguments are irrelevant on an unenforceable agreement. This is all about opinions - so collect as many viewpoints as you can - but, ultimately, only you can decide what to do next. My view would be that you should reply to that letter to the Court pointing out that the Claimant is being vexatious by responding to the application hearing, but not responding to the content of the application, and if they care to particularise their claim sufficiently, you would happily withdraw the application and continue to the final determination hearing. (include any issues you still have with the documentation) In either case, further directions are required from the Court in terms of how the case should proceed, but that is secondary to any remaining challenges you have with the claim as it stands. This isn't easy, I know, but unless you know your case inside out and can decide how you think you should proceed, there probably isn't much more we can do to assist other than continue to offer some contradictary opinions. (I actually think the NoA issue is huge, as you could be paying the wrong Claimant, but there you go) Not sure why you'd throw the towel in and admit the claim at this late stage - if you do that now, they may claim costs of wasted applications, etc. One thing you need to think about is why they wouldn't come to the hearing? If they don't turn up, the Judge won't be happy, and this will earn you favour with him - saying it isn't disingenious to not turn up doesn't mean the Judge will agree. They should be turning up to further the over riding objective of speedy resolution. I suspect they think they will lose and want to draw this out and continue to keep you under pressure, so they want to minimise their costs (i.e., losses! ) so it doesn't cost them too much when they do lose.

I've been offline for a bit with a serious bout of man flu From what I can see, this Claimant is not legally entitled to bring this claim by failing to comply with the LoP Act in the assignment of the debt. The OC probably can bring a claim in their own right, but it would fail as the debt is unenforceable for the reasons I've stated. I think the next step is to prepare a statement to the Court, in addition to what you've already submitted on the Application, outlining all of this and asking the Court for directions on how to continue, based on your draft order for directions you will submit with the statement. If the assignment issue sticks, the claim should be thrown out, but it's likely they are giving permission to amend the claim if the OC is willing to press the issue themselves. I might not be back online for a few days (head spinning :() so feel free to push the triangle and ask for help from the other Site Team members if you're stuck and not getting anywhere. I'll try to get online when I can and have a look in.

I think the best approach is to challenge this claimant's right to bring this claim in it's entirety. The challenge here is the unenforceability, or otherwise, of the agreement. If the agreement is enforceable, regardless of what's gone on since, the debt can be enforced - perhaps not by this claimant, but certainly another. If the agreement is uneforceable, the paperwork is dodgy and the claimant doesn't have a right to collect on the debt, then that's a different story. What's your thoughts on enforceability, then?

You're on a roll, Laura! Woop woop!

From the CCA:

Which we decided was unenforceable, right? So you can prove it's not a true copy of the original - is the one you received, correct? Dates of remedy, etc. That is a NoA, but it doesn't comply with s.136 LoP Act 1925, as it's been sent by the assignee, not the assignor. Check the wording of s.136 to see what I mean: "under the hand of the [assignor]". If it doesn't comply with the LoP, it ain't been legally assigned. Varde, then, cannot bring a legal claim, as they are not the owners of the debt. I feel another application coming on...

Paypal's T&C's don't cover intangible items There's the option of a chargeback, but you will need to contact your card issuer to arrange that as Paypal won't entertain a claim if the seller responds and objects to it

Have you received a Notice of Assignment? Only the Court can demand to see the Deed of Assignment - they probably won't. The requirement is to send a NoA to the debtor. In theory, at least, there need not be a DoA, as there's no way to prove one exists or not. (s.136 Law Of Property Act 1925)

So the claim form amount is wrong as the PPI has been repaid? Or, they've paid you the PPI amount and are now trying to reclaim the same amount again? This alone makes the claim incorrectly particularised! Interesting they want you to withdraw your application, when they should be making their own to amend the particulars, and having both dealt with at the same hearing. We will NOT be withdrawing our application! I would suggest a letter acknowledging all this and asking them to respond to your application by way of requesting amended particulars of claim and a draft order for directions following that. In fact, you could draft your own order for directions and send them that, asking them to agree to them and to enclose them with their application for amendment of the POC. It's really interesting how they've worded this letter - this makes me think they are concerned about your application. The fact they've said you should seek independent advice is a bit of a slap in the face. There's nothing to seek advice on, yet! And in any case, CAG is here to help, regardless...

I'd say so, yeah. You should hear something this week, or early the week after once the file has been processed by the office.

Exactly