Told to withdraw my Defence

[Annie7]

Hi Everyone
Just received a letter from Debt purchasers' solicitor, saying if I don't withdraw my Defence, they will apply for Summary Judgment.
Has this happened to anyone else please?

[MIKE770]

Re: Told to withdraw my Defence

post a copy redacted of the letter for peeps to see/comment

[Kati]

Re: Told to withdraw my Defence

yep (frustratingly ) it seems to happen more and more recently

can you post a copy of the letter at all??

[Amethyst]

Re: Told to withdraw my Defence

It's quite standard after they provide the documents requested. If they did file for summary judgment you should have opportunity to defend the application. But once you have looked over the documents you may need to apply to amend your defence if you want to continue defending.

Almost two years ago received a claim from Restons for £2,500 but with no details.
Filed defence requesting details of claim and made a CCA request. Cabot didn't come back until a week ago, with copies of some documents, containing terms and conditions, and copy of agreement, stating that they are now entitled to obtain Judgment. Asking me to contact Restons.

You mentioned bank charges ? was this an overdraft / credit card or loan ?
notice of assignment / default notice ?
Who is the original creditor ?
Does the agreement look compliant ?
Do you have any dispute on the debt ?

[Annie7]

Re: Told to withdraw my Defence

Hi. The letter simply says our clients have sent you the docs requested. Withdraw your defence or we will obtain summary Judgment.
Over half of the amount they are seeking consists of Bank charges for Credit Card.
No idea if the docs are compliant. They have not produced copy of assignment etc. Not sure if Default or Termination Notice is relevant given they are Debt Purchasers.
One of my concerns is that Cabot UK has not been Licenced for over two years according to the FCA website. So how can they be claiming any money? On what basis?

[Diana M]

Re: Told to withdraw my Defence

One of my concerns is that Cabot UK has not been Licenced for over two years according to the FCA website. So how can they be claiming any money? On what basis?

That's a good question

Di

[R0b]

Re: Told to withdraw my Defence

One of my concerns is that Cabot UK has not been Licenced for over two years according to the FCA website. So how can they be claiming any money? On what basis?

There is a workaround under FSMA and it has to do with SPVs and certain exemptions that fall under it. Whether they have complied or not is a different story entirely. If CBUK have instructed solicitors themselves then that in itself would fall outside of the exemption and means they are committing a criminal offence under s.19 of FSMA because they are not authorised.