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Post by Taz on Thu Sep 27, 2018 7:00 pm

Hi there,

I posted previously,but could really appreciate some advise as a matter of urgency. I received court claim in which I’ve acknowledged service indicating I intend to fully defend the claim. I have since emailed and written to claimants solicitor requesting preliminary CPR 18 for full disclosure. I can’t defend the claim other than to argue that they have not provided deed of assignment/tripartite Novation as they have provided most documentation. Therefore my question is has it been known for a judge to stay claim and order they disclose the aforementioned documentation or struck the case out based on failing to due comply with aforementioned documents mentioned in CPR 18 request. I have until 23rd October to make my defence and to see whether they comply before making an application to get it stayed or struck out. Any advice on this topic would be greatly appreciated

Taz
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Post by waylander62 on Thu Sep 27, 2018 7:58 pm

to argue on the deed of assignment alone is likely to fail, judges do not tend to order the claimant to produce this unless you have a very good argument for them doing so.

your defence needs to built up around their documents provided and any non compliance that you can find in the paperwork.

any mis sold PPI ? is another argument, along with the agreement, default notice and statements giving clear detail as to how the sum claimed has become due.

i am clueless as to what this claim is even about so cannot be more specific.

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Post by handle on Fri Sep 28, 2018 3:03 am

Per the Pelias case a debtor is entitled to see the deed of assignment to satisfy itself it is settling to the correct party, but more importantly the deed of assignment states whether it is an equitable assignment or an absolute assignment.

Equitable assignees cannot pur sue through the courts

BUT Waylander is correct in that an "ordinary" judge will not place any weight on the deed of assignment (because the creditor says "its commercially sensitive",,,,,,which basically means they dont want to embarrass themselves that they only paid 10p in the £ for the debt and are actually unjustly enriching themselves.........UNLESS you pursuade the court with Pelias and what type of assignment is required.

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Post by waylander62 on Mon Oct 01, 2018 8:27 pm

Agree with handle, you do have a right to this document, and would certainly pursue your right to see this.

But DO NOT rely on it, as we have both said judges in general will not order it to be produced, but no harm in trying.

use other arguments in your defence as per previous post.

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