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Court letter from Shoosmith on behalf of Cabot

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  • Court letter from Shoosmith on behalf of Cabot

    Hello and Good Afternoon,
    I'm reffering to a debt for 10,000 (Natwest Dual Card) since 2006 (approx)
    I do remember making monthly payments (my brother was making them for me) but everything stopped in 2014 .
    Forgive my ignorance and imprecision please.
    A letter was sent to me on the 27th of April (I received it on Sat the 29th but only opened it on Monday the 1st) from Shoosmith solicitors asking me to make contact otherwise the court.
    On the 10th (have the receipt), I sent a letter to Shoosmith asking for details:
    ==============
    Recorded Delivery: From
    xxxxxxxx
    xxxxxxxx

    xxxxxxx


    Your Ref xxxxxxx

    Shoosmith LLP Solicitors
    5-7 The Lakes
    Northampton
    NN4 7SH




    10/05/2017

    Dear Sirs,

    Re: Your Client – Cabot Financial Limited
    Pre Action Conduct - Request for Information

    With regard to your letter dated 27/04/2017, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

    As you have indicated you are acting on behalf of Cabot Financial Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

    As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £10368.04; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

    I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

    II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £10368.04.

    III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

    IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

    V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

    VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

    VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

    Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

    Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

    As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

    Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

    I look forward to your response in due course.

    Yours faithfully
    Leo

    ========================

    today I received the County Court letter and now I am more nervous than ever.
    I did sign up on line but I don't know what to do.
    I would like to tell the court about the letter I sent.
    Forgive me, I don't remember and I don't have evidence.
    I did send letters to creditors many years ago, asking for CCA proof and never received anything.
    I have checked my credit on 'Checkmyfile' and only see 1 default for 3000 but nothing about the 10000 from Natwest.

    I really am in a massive stress status now and can't concentrate on anything.
    I don't want to ignore it. If it is there and I have to come to some sort of agreements so be it.
    But they have ignored my letter.

    I hope I can get this sorted.
    After my divorce in 2006 I went trough several stress issues (medications included) and now I feel like it's all back!

    Have a nice day
    Leo
    Tags: None

  • #2
    Re: Court letter from Shoosmith on behalf of Cabot

    Hi Leo

    Welcome to LB

    people will do their best to help.

    First point, as this claim if for over 10,000 it will likely be fast track so your conduct is important to minimise costs etc
    Don't let that stress you but I would also think about legal representation, this can possible be done on a CFA (no win no fee) .

    In your letter requesting a S78 response, did you send the appropriate fee?

    These are your first steps http://legalbeagles.info/forums/show...it-Court-Claim

    In essence, if your request did not include the fee, make a new one to Cabot with the fee, sending by RM signed for

    Then send a cpr 31.14 request to shoosmiths but you can only ask for what is in the particulars of claim, maybe you would want to type out the POC but without any identifiable comments
    @Diana M @pt2537

    Hope that helps
    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


    • #3
      Re: Court letter from Shoosmith on behalf of Cabot

      [MENTION=49370]Kati[/MENTION]

      Could you work your magic and put the thread in the court claims

      Ta
      x
      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


      • #4
        Re: Court letter from Shoosmith on behalf of Cabot

        Originally posted by warwick65 View Post
        @Kati

        Could you work your magic and put the thread in the court claims

        Ta
        x
        sorted xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Court letter from Shoosmith on behalf of Cabot

          Hi again leo

          In my rush I forgot to say, welcome to the stress club , when my claim landed on my doormat I felt just the same, wanted to curl up and die, well not literally but I looked at the worst case scenario

          As I said to someone, how do you eat an elephant - 1 bite at a time and that is the way to deal with this , one step at a time.

          Make sure if you can you keep all correspondence

          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
          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


          • #6
            Re: Court letter from Shoosmith on behalf of Cabot

            Hi there,

            The advice you have been given is correct in my view, you need to request a copy of the agreement under the Consumer Credit Act, and also use the CPR rule 31.14. Do keep an eye on time frames too, its easy to let things slip and to miss a deadline, if you mis a court deadline it could lead to sanctions being entered against you so its important to note the time frames which you have to work with.

            If you havent already you will need to file the acknowledgment of service, id suggest stating an intention to defend all of the Claim at this stage.

            Do let us know if you need anything else.

            As for the suggestion of getting legal advice, it is of course up to you if you want to look at appointing someone to deal with the case for you. There are a number of firms out there that offer no win no fee funding arrangements.
            I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Re: Court letter from Shoosmith on behalf of Cabot

              CCA Request || CPR 31.14 Request

              Comment


              • #8
                Re: Court letter from Shoosmith on behalf of Cabot

                Thank you for your replies.
                So now I will print and send CCA Request and CPR 31.14 request correct?
                I have signed up on the Money Claim online: I need to respond to them (before I end up forgetting). What do I do? Defent the claim? not sure.

                Problem: I am spending more time overseas now (family reasons) so email would be best. However, I can ask close friends to post on my behalf.

                thank you again.
                Leo

                Comment


                • #9
                  Re: Court letter from Shoosmith on behalf of Cabot

                  defend all , = read getting started info in there

                  also e-mail responses to CCBC through the following;-

                  Claim responses & directio
                  ccbcaq@hmcts.gsi.gov.uk


                  when alloocated to a local court you would need to find their e-mail address

                  Comment


                  • #10
                    Re: Court letter from Shoosmith on behalf of Cabot

                    Ok I have filled the Acknowledgment of Service

                    and I have selected 'defend all'

                    and now?

                    Comment


                    • #11
                      Re: Court letter from Shoosmith on behalf of Cabot

                      Originally posted by nleo View Post
                      Thank you for your replies.
                      So now I will print and send CCA Request and CPR 31.14 request correct?
                      I have signed up on the Money Claim online: I need to respond to them (before I end up forgetting). What do I do? Defent the claim? not sure.

                      Problem: I am spending more time overseas now (family reasons) so email would be best. However, I can ask close friends to post on my behalf.

                      thank you again.
                      Leo
                      send Recored delivery

                      Comment


                      • #12
                        Re: Court letter from Shoosmith on behalf of Cabot

                        Starting the defence:

                        Please complete all fields marked *

                        Please state your defence in a maximum of 122 lines in the box below.*



                        - - - Updated - - -

                        oh dear now what??

                        Comment


                        • #13
                          Re: Court letter from Shoosmith on behalf of Cabot

                          Do not enter any dialogue in the 'defence box' for now.
                          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


                          • #14
                            Re: Court letter from Shoosmith on behalf of Cabot

                            Defence Example do not send it yet get advice on here and comment - also send it 1 day before due then the other side cannot trash your defence before their next move First Steps

                            Note:- once Court proceedings in force:-

                            and read - re-read the following time scales must stick to court time table not any solicitors on hold comments if they make them! they cannot put court cases in existance on hold.

                            - - - Updated - - -
                            @warwick65

                            Comment


                            • #15
                              Re: Court letter from Shoosmith on behalf of Cabot

                              Guys I am so nervous I am shacking!
                              So I shall leave the 'Defence Particulars' empty?
                              Where and when do I request the CCA and other stuff?

                              Thanking you

                              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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