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Thread: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

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    Mrs sparkle's Avatar

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    Default Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Hi, I have posted as my situation is a little different. I was traced by Shoosmiths solicitors in 2015 to my current address. I left a situation of domestic violence and control in March 2012 and after recovering letters from shoosmiths it transpires that my husband ( who is now deceased) took out a credit card with cabot ( using his personal email address and not my correct date of birth) which he used and paid payments on for a while. As with other things I had no knowledge of this. I contacted them to discuss my problem and they asked me to confirm my correct Date of birth with my driving licence ( which I did) and thought it would go away.... they have persisted in chasing me after 'ameding' my date of birth to my correct one ( can they even do this??) ..... I explained that this was fraud and they asked me to get a crime number from the police..... the police are not interested as a) it's not technically criminal and b) my husband is dead.
    I have received 'notice of transfer of proceedings' from Cabot financial as it is being transferred to my local county court!
    please help??

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    I'm sorry to hear of the tough time you have had. This sounds like last thing you need to have to sort out.

    So you have already submitted a defence in the claim ?
    Have you sent a CCA request for the original agreement ?
    Anything else submitted to the claimant or court since receiving the court claim?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    I have not yet received court papers, so the only defence I have given them is verbally making them aware.
    should I submit a CCA request?
    thanks for the reply ��

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Hmmmm, I'm concerned what the notice of transfer of proceedings is then... any chance you can send me a pic of the letter ( admin@legalbeagles.info ) or black out your personal details and upload here. Is it like this? https://bmpa.zendesk.com/hc/en-us/ar...roceedings.jpg
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    CCA Request Letter send Recorded delivery with £1.00 postal order (for regulation purposes only) write on reverse

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    I shall email you, thanks so much

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Thank you And don't be worrying about it all, we'll help you all we can xx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Hiya, Yes you do have a court claim against you. I'm going to read through the documents properly ( just on a phone call) but for now it seems the claim has been defended, then put on hold, then the claimant has applied to lift the stay and enter judgment - which is what the transfer of proceedings is for - possibly for a hearing to be set. So we need to defend that application.

    The original letters may have originally gone to the address your husband lived at.

    Have you written at all to Cabot or Shoosmiths at all in the two years? It says you requested Documents on 10th March 2015.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Also says they sent the requested Docs in Feb 2017, and threatened the summary judgment application in May 2017.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Oh No!!
    i have had contact with them since 2015 at my current address and have not received anything looking like court papers, until this today. They found me here so would be shocked if they sent it to my old life.

    The only written contact that I have had with them is when I spoke to them on the phone and they had my date of birth incorrect, they then eventually sent a letter asking me to prove my actual date of birth and this I did in form of a letter with a photocopy of my driving licence. They then wrote again saying that it had been amended and they were perusing it.
    i have had many phone calls but only the occasional letter. No court papers.
    thanks so much

    - - - Updated - - -

    I have never ( other than above) asked in writing for any documents.

    - - - Updated - - -

    Or received any, I have spoken on the phone a couple of times.

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Interesting...... and slightly bizarre in that case. Was there a covering letter with the Notice of Transfer and application documents?

    I think your first step now is to call the court - probably Leicester now - and ask them the status of the claim and whether they could possibly send you a copy (by email) of any defence that was entered in the case, as this is the very first you have heard of the court case you are very confused how there is an application for summary judgment etc for a case from 2015 that you know nothing about..... They'll need the claim number and your name. Leicester Court is 0116 222 5700 ( think they shut at 5 ) - if they don't have the details yet you might need to call Northampton CCBC but they close at 4 today so will have to be tmw - 0300 123 1056.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Hi,
    thank you again for being so helpful!
    i have just spoken to a human being at Leicester and she gave me a history. She says that it was previously stayed at 'no action' in Sept 2015 ( when they first located me)

    she feels that as it is a big company and my case is left dormant someone has decided to reapply for the judgement without realising the issues surrounding it.

    the judge has ordered that it is 'heard on notice' and it was transferred to Leicester. The original paperwork probably went to my previous life in early 2015.

    it has not been received at Leicester yet!

    she recommends that I speak to Cabot again.

    she also recommends that to go alongside the notes she has made that I email in to the court a written statement of what has happened as my defence.

    does this sound like good advice?
    what sort of things should I be sure to include in a letter?

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Okay, Great to get a decent person on the other end of the phone So at least we know what has happened, and can get your response in and sorted. The local courts ( when you manage to speak with them ) are much better than the crappy Northampton Business call centre.

    I'd say don't speak to Cabot, and yes we should do a Witness Statement outlining the issues - can email it to the court but want to send by post to Shoosmiths.

    First thing to do is the racking the memory banks part - if you can do a list of approx dates things happened ( and sorry, can you include leaving the home and your husband's passing in the list, then skip to 2015 when Arrow first contacted you and put as much as you can )

    It will go something like............... (sorry it's sounds crap when it's written factually in these kind of docs ) don't worry about wording just dates and basics of contact will do for now, then we can add in the claim stuff after, ignore the numbers - it's just a starting point so you see what I mean ....

    4: In January 2012 I was forced to leave my home due to Domestic Violence xxxxxxxxxxxxxxxxxxxxxxx
    5: A part of the abuse I was suffering was my husband restricted me from any financial decision making processes and, I have discovered over time, obtained various accounts in my name.
    6: My husband passed away in xxxxxxxxxxxxxx
    6: The first I knew of the alleged account with xxx Original Creditor xxx was when I received a letter from Shoosmiths in xxx 2015.
    6: I have received no evidence from the Claimant or their solicitor relating to this account.
    7: I received a letter on / about xxxxxxxxxxxxx stating. ......
    8: I contacted xxxxxxxxx by telephone on or around xxxxxxxxxxxxxxxxxxxxx and informed them of the circumstances. The Claimant/Shoosmiths stated xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
    8: The Claimant's solicitor asked me to send evidence of my Date of Birth. I did this on xxxxxxxxxxxxxxx by sending a photocopy of my Driving Licence to them.
    8: I have never received a copy of a court claim form from the Claimant, Shoosmiths or the Court.
    9: I have therefore not been given opportunity to submit a defence in the claim.
    10: I discovered that there was a court claim against me when I received a letter enclosing a ' Notice of Transfer of Proceedings' from Shoosmiths Solcitors...
    10: In the Claimant's application they state that I wrote to them in March 2015 requesting copies of documents. This is denied.
    11. In the Claimant's application they state they sent copies of documents to me in February 2017 xxxxxxxxxxxxxxxxxxx - i did not receive this letter nor any copies of any documents. I ask the court orders those documents be provided to me so I may consider my position.
    12: In the Claimant's application they state they wropte to me in May 2017 xxxxxxxxxxxxxxxxxxxxx I did not receive this letter
    We do need to send a CCA request direct to Cabot - if you can get that done it would be marvellous
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    I am so grateful, thank you so much for your time here. I have emailed you a copy of what I have written so far.....
    i shall get the CCA request done too ��

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Got it. I'll come back on it in the morning for you xxxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Thank you so much...... again!! X

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    I just want to get a bit more input on this if you're okay to hang fire for today. Don't worry I haven't forgotten I just want to make sure you have the strongest WS possible and get this case sorted asap. xxxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Do you happen to have the date in 2015 when you heard from Shoosmiths and sent in your Driving Licence? ( before or after March 6th )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    It was 2016 I am sure but cannot guess sorry.

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    No worries, if it was after the court claim was brought they should have informed you of the court claim, if it was before the court claim ( so before March 2015 ) then they had no reason to send papers to the old address. Don't worry, it will come out in the wash.

    Do you know what the original debt was - a credit card ? do you know who it was with ? ( Cabot are a debt purchasing company not a lender so it would originally have been with someone like Vanquis / Barclaycard etc )

    Do you know how much the claim is for ?

    Do you remember how you knew they had an incorrect date of birth - how did that conversation with Shoosmiths asking you for evidence of the DOB arise?
    Last edited by Amethyst; 17th August 2017 at 18:57:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Hi
    Yes it was after March 2015 definately!
    I believe that the original debt was a credit card, maybe Vanquis, but they have been cagey in telling me details.
    The reason that I know that my DOB was incorrect was after they contacted me I called to speak to them and find out what it was about and I 'failed security' as I gave them an incorrect date of birth, they refused to speak to me then and went back to the original lender to see if there was a typo...... it transpired ( quite a while later) that the date of birth that they had was not my actual date of birth. But would not tell me the one they had. They then sent me a letter to provide proof of my actual date of birth asking for a photocopy of certain ID which I returned to them with the form in a pre printed envelope.

    I am not sure of the exact figure but I believe that it was over 1K at this point.

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Perfect, thank you
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Anywhere a letter or a fact is mentioned you should check if you have any evidence ( like copy of a letter ) and if so put (EXHIBIT A) and attach a copy ( writing the same EXHIBIT number at the top right of the exhibit )

    See below draft - this wants completing, pop in a Word documnet, add any exhibits, then get it over to Leicester court, and send a copy to Shoosmiths.

    Did you get the CCA letter sent to CABOT ? If not we'll deal with that next and get another letter asking for docs over to Shoosmiths ( agreement, default notice, notice of assignment etc )

    but get the WS in first.


    IN THE XX COURT NAME XX COUNTY COURT
    CLAIM Number: XXXXXX
    BETWEEN

    CABOT FINANCIAL (UK) LTD
    -Claimant
    -and-

    xxxxxxxxxxxxxx

    -Defendant



    WITNESS STATEMENT OF THE DEFENDANT



    I, xxxxxxxxxxxxx, of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, am the Defendant in this case and will say as follows;

    1: The facts contained in this Witness Statement are true to the best of my knowledge.

    2: I make this statement to oppose the application of the Claimant to lift the stay and for Summary Judgment.

    3: On 16th August 2017, I received a letter from the Claimant's Solicitors. Before receipt of this letter I was unaware of any court claim issued against me.

    4: The letter contained a Notice of Transfer of Proceedings and a copy of an Application to the court made by the Claimant, dated 26th June 2017.

    5: I oppose the Claimant's application to enter Judgment against me and respectfully ask to be allowed the opportunity to defend the claim made against me.

    6: I request the court orders the Claimant to re-serve the Particulars of Claim at the correct address, being xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx.

    7: I also request the court orders the Claimant to provide copies of documents mentioned in their statement of case.


    Background
    8: In March 2012 I was forced to leave my home due to Domestic Violence from my husband xxxxxxxxxxxxxx. The Police and the charity Women's Aid supported me in this.

    9: A part of the abuse I was suffering was that my husband restricted me from any financial decision making processes and, I have discovered over time, obtained various accounts in my name.

    10: My husband, xxxxxxxxxxxxxxxxxx, passed away on 19th April 2013.

    11: I first heard from the Claimant towards the end of 2015 when I received a letter requesting I contact them to discuss repayment of an account. There was very little information given about the account although I believe it may be a credit card account regulated under the Consumer Credit Act 1974.

    12: I contacted the Claimant by telephone to find out what account they referred to, and to request documentation relating to the account, however I was unable to pass their security checks as my date of birth was incorrect on their records.

    13: I informed them that any agreement would have been entered into fraudulently by my husband and explained the circumstances.

    14: The Claimant told me to report the fraud to the Police. I have spoken to the Police however they state that this is a civil matter, and as my husband is deceased they were not interested in taking any complaint.

    15: I informed the Claimant by telephone about the Police's response and they simply stated that they would continue to pursue me for the outstanding amount.

    16: Because of the issues I had passing the Claimant's security checks to talk to them on the telephone, the Claimant's solicitor asked me to send evidence of my correct Date of Birth. I did this in early 2016 by sending a completed form and a photocopy of my Driving Licence to them.

    17: I received a letter in response saying that they had noted and ‘amended’ my date of birth. The letter didn't say anything else and I thought the matter was at an end.

    18: I didn't hear anything else from the Claimant until receipt of the Application referred to in Paragraph 2 of this Witness Statement.

    19: In the Claimant's application they state they sent copies of documents to me in February 2017 following a request made by myself in March 2015.

    20: I have not made any written request for documents, I did ask for documents when I contacted the Claimant by telephone as outlined in Paragraph 10.

    21: I did not receive the letter nor any copies of any documents alleged to have been sent in February 2017.

    22. In the Claimant's application they state they wrote to me regarding the claim in May 2017. I did not receive this letter.
    23. I am now sending formal requests for information to the Claimant. I am asking for a copy of the original agreement pursuant to s.77/78/79 of the Consumer Credit Act 1974, and making a request under CPR 31.14 for copies of documents relating to this case in order that I may assess the position.
    24. I oppose the Claimant's application to enter Judgment against me and respectfully ask to be allowed the opportunity to defend the claim made against me.

    STATEMENT OF TRUTH
    I believe that the facts stated in this witness statement are true.


    Signed: ………………………………
    XX YOUR NAME XX
    Dated: 23/08/2017
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Thank you, I will get that done once I get home, I have not yet sent a CCA request but had adjusted and printed one of the standard template letters?

    thanks so much again ��

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    Default Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

    Hi,
    i have just received a letter in the post from a leicester County court... I have emailed you a copy as I am insure what I need to do at this point now?
    thabks so much

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