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Cabot / Shoosmiths County Court Claim dating back to 26 Feb 2015

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  • Cabot / Shoosmiths County Court Claim dating back to 26 Feb 2015

    Hi Everyone

    After a lot of searching on the web I've decided to bite the bullet and ask for some help as I have no idea what I should do about this claim. The details are as follows:

    1. On the 26 Feb 2015 a claim was issued against me for a debt which I believe to be statute barred. The particulars of claim are as follows:

    a. The claimant claims the sum of 4,975.38 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard Littlewoods and assigned to the claimant on 28/02/2008 notice of which has been provided to the defendant.
    b. 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.
    c. The claimant claims the sums of 4,975.38 and costs
    d. The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction

    2. On the 10th March I sent Shoosmiths a standard CPR 31.14 request (template found on this website) and Cabot a letter stating that this debt is statute barred.

    3. On the 12th March I received a letter from Shoosmiths telling me that they had requested the documentation from Cabot but had not yet received anything and were therefore granting me an extension to file my defence which I notified the courts of in writing.

    4. On the 10th April I received another letter from Shoosmiths informing that they still hadn't received any documentation from Cabot and that the matter would be on hold until they do.

    I have taken no further action since then. My question for you guys is whether there is anything I can do now that so much time has lapsed to get the courts to draw a line under this claim as so much time has lapsed. This is causing me distress and I would love to just have it done with.

    Any help you guys can offer me would be really appreciated.

    Thank you

    Stefanie
    Tags: None

  • #2
    Re: Cabot / Shoosmiths County Court Claim dating back to 26 Feb 2015

    Originally posted by svanjo11 View Post
    Hi Everyone

    After a lot of searching on the web I've decided to bite the bullet and ask for some help as I have no idea what I should do about this claim. The details are as follows:

    1. On the 26 Feb 2015 a claim was issued against me for a debt which I believe to be statute barred. The particulars of claim are as follows:

    a. The claimant claims the sum of 4,975.38 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard Littlewoods and assigned to the claimant on 28/02/2008 notice of which has been provided to the defendant.
    b. 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.
    c. The claimant claims the sums of 4,975.38 and costs
    d. The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction

    2. On the 10th March I sent Shoosmiths a standard CPR 31.14 request (template found on this website) and Cabot a letter stating that this debt is statute barred.

    3. On the 12th March I received a letter from Shoosmiths telling me that they had requested the documentation from Cabot but had not yet received anything and were therefore granting me an extension to file my defence which I notified the courts of in writing.

    4. On the 10th April I received another letter from Shoosmiths informing that they still hadn't received any documentation from Cabot and that the matter would be on hold until they do.

    I have taken no further action since then. My question for you guys is whether there is anything I can do now that so much time has lapsed to get the courts to draw a line under this claim as so much time has lapsed. This is causing me distress and I would love to just have it done with.
    Did you ever submit a defence to this claim? The maximum time allowed for an extension is 28 days, it's not indefinite. After that period you should either file a defence or an application.

    Have you checked the status of this claim with the court? If not, that should be your first port of call to find out what's going on.

    Comment


    • #3
      Re: Cabot / Shoosmiths County Court Claim dating back to 26 Feb 2015

      Hi,

      I have just called the courts and they have told me that they have written to Shoosmiths notifying them that they have till the 18 July to continue with this claim or it will be stayed. They said that I have nothing to do unless I receive a DQ from the courts.

      S

      Comment

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