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Court letter from Shoosmith on behalf of Cabot

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  • #16
    Re: Court letter from Shoosmith on behalf of Cabot

    CCA with 1.00 Postal Order to claimant

    CPR31.14 free of cherge to solicitors

    - - - Updated - - -
    @diana M

    Comment


    • #17
      Re: Court letter from Shoosmith on behalf of Cabot

      ok I can send the CCA to Cabot.
      But do I have to do it via the moneyclaim online in response to the court claim?
      I don't understand, sorry

      Comment


      • #18
        Re: Court letter from Shoosmith on behalf of Cabot

        Originally posted by nleo View Post
        Guys I am so nervous I am shacking!
        So I shall leave the 'Defence Particulars' empty?
        Yes....if you acknowledge within 19 days of the claim issue date, you have 33 days (from the issue date) in which to file a defence.
        Where and when do I request the CCA and other stuff?
        Asap. Keep copies & get proof of posting.
        CCA + 1 fee to Claimant, CPR (plus a copy of the CCA request...no fee with this one).....to the Claimant's solicitors.

        Thanking you
        ####
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Court letter from Shoosmith on behalf of Cabot

          Ok I have the letters ready.

          The One to the Solicitors:
          Please read it and let me know please.

          The Particulars of claim as written:
          1 the Claimant claims the sum of 10368.04 being monies due from the defendant to the claimant under a regulated agreement between the defendant and RBS (Natwest Dual Classic (5454xxxxxxxxxxxx) and assigned to the claimant on 25/04/2016, notice of which has been provided to the defendant.
          2 the Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 .
          3 the Claimant claims the sum of 10368.04 and costs.
          4 the claimant has complied, as far as is necessary, with the pre-action conduct practise direction.

          ===================CPR 31.14
          Lxxx xxxxx
          xxxx
          xxxx
          xxxx


          19/05/2017

          SHOOSMITHS LLP
          5 THE LAKES
          NORTHAMPTON
          NN4 7SH
          for Claimant:
          CABOT FINANCIAL (UK) LIMITED
          1 KINGS HILL AVENUE
          KINGS HILL

          WEST MALLING
          ME19 4UA


          Dear Sirs,

          Claim Number: xxxxx

          Request for documents mentioned in a statement of case under CPR 31.14

          On 16/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

          To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 06 June 2017.


          1. Agreement
          2. Assignment
          3 Default Notice


          In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

          You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

          You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

          If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

          For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of 1 today, 19 May 2017. Correct date?)

          I look forward to hearing from you.

          Yours sincerely

          Leo

          ==================== End

          letter to Cabot

          =======================CCA

          Leonardo Fazzi
          xxxxx
          xxx
          xxx

          19/05/2017



          CABOT FINANCIAL (UK) LIMITED
          1 KINGS HILL AVENUE
          KINGS HILL

          WEST MALLING
          ME19 4UA

          Dear Sir/Madam

          Re:− Account Number 54546xxxxxxxx

          Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

          I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

          Your obligation also extends to providing me with a statement of account. I enclose a 1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

          If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

          I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


          Yours faithfully,
          xxxx

          ========================end

          Before receiving the Court Claim, I did send a letter to Shoosmith (but they ignored it? )


          ============== the letter I sent recorded delivery
          Leoxxx
          xxxx
          xxx
          xxx

          10/05/2017



          CABOT FINANCIAL (UK) LIMITED
          1 KINGS HILL AVENUE
          KINGS HILL

          WEST MALLING
          ME19 4UA

          Dear Sir/Madam

          Re:− Account Number 545xxxxxxxxxxx

          Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

          I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

          Your obligation also extends to providing me with a statement of account. I enclose a 1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

          If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

          I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


          Yours faithfully,

          leoxxxx

          ===================end (i did not send the postal order) they did not reply

          Comment


          • #20
            Re: Court letter from Shoosmith on behalf of Cabot

            Hi leo

            As said, all you do for now on the MCOl website is tick the acknowledge and defend all . Noting yet in the defence box.

            The CCA and CPR request are sent as royal mail signed for - then check online in a couple of days to see if they have been delivered. Do not fret too much if they do not show.

            If you can afford it and are really worried you can send by special delivery which costs over 6 a throw. I have never sent anything special (other than stuff to a solicitor when it was valuable).

            Seriously though, try not to worry , I know it is nerve wracking - you should have seen me the day i got the claim - but a few good people really helped and calmed me down - thanks [MENTION=87380]Diana M[/MENTION]

            I decided for my claim of 5K ish to use a solicitor to deal with it, not because I didn't think I was able , just because I had a lot on and I knew dealing with the claim would impact my education ( I'm an old fart doing a degree).


            The letter in the post above you sent to shoosmiths was the right one BUT it should have gone to Cabot and it should have included the 1 fee. Then if they do not reply that is their fault

            ( Last year i was being chased by cabot for two debts , so I sent them a CCA request for each and apart from an acknowledgment have heard nothing since)

            If I am going on too much, just tell me, ask me simple questions and tell me you want simple answers - I am an old gas bag sometimes
            Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
            I have no formal legal training
            Any advice is offered without liability
            If in doubt take professional legal advice or contact the CAB

            Comment


            • #21
              Re: Court letter from Shoosmith on behalf of Cabot

              & as [MENTION=98117]warwick65[/MENTION] has suggested, send a SAR.

              I should also add, you really should send a SAR to NatWest to get all the details they have, 10 fee and the template is on the forum under received a court claim. Green box at the top of this page , look down the thread that the link goes to, various options of how to phrase it
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #22
                Re: Court letter from Shoosmith on behalf of Cabot

                Thank you.
                CCA and CPR going today.
                I will also prepare the SAR to Natwest.
                Qusation: I have to give them 40 days. what about the time for my defence? as I state it would be before?
                SAR copy to Shoosmiths as well?

                Thanks you

                Comment


                • #23
                  Re: Court letter from Shoosmith on behalf of Cabot

                  Recorded Delivery


                  SAR originator only not shoosmiths are only solicitors

                  - - - Updated - - -

                  do your defence on time not the 40 days that is a response to SAR only

                  Comment


                  • #24
                    Re: Court letter from Shoosmith on behalf of Cabot

                    I can't find the Contact address for RBS Natwest ?

                    Comment


                    • #25
                      Re: Court letter from Shoosmith on behalf of Cabot

                      Here's the letter..
                      Please advise if I need to mod please

                      ================SAR

                      Leoxxx
                      DOB xxxx
                      xxxx
                      xxx
                      poscode

                      Natwest Card Services
                      PO Box 5427
                      Southend-on-Sea
                      SS1 9AJ


                      RBS (Natwest dual Classic) Acc. Number 54546xxxxxxxxx

                      DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST



                      Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

                      Please note that I require disclosure of any personal data you hold on me for the entire period of my dealings with you.

                      This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

                      For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

                      I enclose the statutory maximum fee of 10. You have 40 calendar days in which to comply

                      If you have had previous addresses you could include list them here

                      If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

                      If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

                      Yours faithfully,
                      Leo


                      =================== End
                      Just as it is ? 10 as postal order?

                      Comment


                      • #26
                        Re: Court letter from Shoosmith on behalf of Cabot

                        Originally posted by nleo View Post
                        Here's the letter..
                        Please advise if I need to mod please

                        ================SAR

                        Leoxxx
                        DOB xxxx
                        xxxx
                        xxx
                        poscode

                        Natwest Card Services
                        PO Box 5427
                        Southend-on-Sea
                        SS1 9AJ


                        RBS (Natwest dual Classic) Acc. Number 54546xxxxxxxxx

                        DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST



                        Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

                        Please note that I require disclosure of any personal data you hold on me for the entire period of my dealings with you.

                        This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

                        For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

                        I enclose the statutory maximum fee of 10. You have 40 calendar days in which to comply

                        If you have had previous addresses you could include list them here

                        If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

                        If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

                        Yours faithfully,
                        Leo


                        =================== End
                        Just as it is ? 10 as postal order?
                        I have highlighted a bit in red that was an instruction to you and not to be included in the letter so for example ' Addresses you may have on file for me include xxxxxx'
                        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                        I have no formal legal training
                        Any advice is offered without liability
                        If in doubt take professional legal advice or contact the CAB

                        Comment


                        • #27
                          Re: Court letter from Shoosmith on behalf of Cabot

                          Just to add, the info you may or may not get from the SAR is not for your defence - you may use it in your witness statement.

                          You will usually receive their witness statement signed as a statement of truth before you complete yours, so if for example they said 'the card was blue' you could reply . according to the original creditor the card was black .

                          Someone has therefore got it wrong and it is more likely to be them than the original creditor. I am only using colour as a silly example - it could be something they mentioned in the claim or you have asked fro in your defence
                          Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                          I have no formal legal training
                          Any advice is offered without liability
                          If in doubt take professional legal advice or contact the CAB

                          Comment


                          • #28
                            Re: Court letter from Shoosmith on behalf of Cabot

                            thank you.
                            Do I need to list all my addresses?
                            I had a few since 2006 as was divorce time...

                            Leo

                            Comment


                            • #29
                              Re: Court letter from Shoosmith on behalf of Cabot

                              I have addded my original address

                              Comment


                              • #30
                                Re: Court letter from Shoosmith on behalf of Cabot

                                Thats ok,

                                I know on my credit file there is still a link to an address I moved out of 14 years ago and a recent SAR produced details of a credit card I had forgotten about although I did not include that address
                                Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                                I have no formal legal training
                                Any advice is offered without liability
                                If in doubt take professional legal advice or contact the CAB

                                Comment

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                                SHORTCUTS

                                Pre-Action Letters
                                First Steps
                                Check your dates
                                Acknowledge a Claim
                                CCA Request Letter
                                CPR 31.14 Request Letter
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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