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  1. #51
    charitynjw's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    If the Claimant/sols have not disclosed requested info, your defence will be that fact coupled with the sanction via the failure to comply with the CCA request.
    The SAR does not necessarily form part of your defence. It is more for your personal info so that you can check the accuracy of anything the Claimant might send later on.
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  2. #52
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Defence Example is a good starting point
    “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

  3. #53
    nleo's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    thank you,
    I'm going to complete the defense on line.
    I will post a copy here before I submit it.
    What happens then?

    Best,
    Leo

  4. #54
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Here's my defence: I typed it all in rather then pasting / changing so that I could have a better understanding of it.
    =============

    1. I received the claim XXXXXXX from the County Court Business Centre – Northampton on the 16/05/2017.
    2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
    3. The Claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
    4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
    5. The Particulars of claim fail to state when the agreement was entered into.
    6. The Claimants statement of case states that the account was assigned from RBS (Natwest dual classic) to Cabot Financial (UK) ltd on 25/04/2016. The Defendant does not recall receiving notice of this agreement.
    7. It is denied that RBS (Natwest Dual Classic) served any default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the defendant.
    8. On the 19th of May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Default Notice.
    9. Shoosmiths LLP Solicitors have not sent any of these documents to me.
    10. On the 19th of May 2017 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
    11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
    12. I have asked the Claimant if we may agree to extend the time period allowed for filling my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
    13. Under Civil Procedure Rule 16.5(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admin the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    14. I request the Court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
    15. In the Event that the relevant documents are received from the claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the cost of the amendment.
    16. It is denied that the Claimant is entitled to the relief as claimed or at all.

    The Defendant believes that the facts stated in this defence are true.

    Signed
    ================================================== ========
    Before I fill the online defence, could someone kindly look at it and let me know if I have omitted/ typo anything ?

    I had to take a day off work for this as I really cannot focus on anything. Thanks everyone for your assistance.

    Leo

  5. #55
    charitynjw's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Para #11
    If this is a credit card agreement, scrub the ref to s77 CCA.
    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

  6. #56
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    space out paragraphs

  7. #57
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Ok I have spaced them out and corrected Para 11
    ====================


    1. I received the claim xxxxxxfrom the County Court Business Centre – Northampton on the 16/05/2017.



    1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.




    1. The Claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.



    1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.




    1. The Particulars of claim fail to state when the agreement was entered into.



    1. The Claimants statement of case states that the account was assigned from RBS (Natwest dual classic) to Cabot Financial (UK) ltd on 25/04/2016. The Defendant does not recall receiving notice of this agreement.




    1. It is denied that RBS (Natwest Dual Classic) served any default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the defendant.



    1. On the 19th of May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Default Notice.




    1. Shoosmiths LLP Solicitors have not sent any of these documents to me.



    1. On the 19th of May 2017 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.




    1. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.



    1. I have asked the Claimant if we may agree to extend the time period allowed for filling my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.




    1. Under Civil Procedure Rule 16.5(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admin the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.



    1. I request the Court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.




    1. In the Event that the relevant documents are received from the claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the cost of the amendment.



    1. It is denied that the Claimant is entitled to the relief as claimed or at all.

    The Defendant believes that the facts stated in this defence are true.


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

    is there anything else I should change before I submit it online please?

    Thank you
    Last edited by nleo; 13th June 2017 at 12:27:PM.

  8. #58
    charitynjw's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Lol

    Do you have a special liking for the number '1'?
    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

  9. #59
    MIKE770's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Quote Originally Posted by charitynjw View Post
    Lol

    Do you have a special liking for the number '1'?
    adds up to 15 lol

  10. #60
    nleo's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    hoops didn't realize that when pasting from word... Sorry :/

    - - - Updated - - -


    1. I received the claim xxxxxxx from the County Court Business Centre – Northampton on the 16/05/2017.



    1. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.




    1. The Claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.



    1. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.




    1. The Particulars of claim fail to state when the agreement was entered into.



    1. The Claimants statement of case states that the account was assigned from RBS (Natwest dual classic) to Cabot Financial (UK) ltd on 25/04/2016. The Defendant does not recall receiving notice of this agreement.




    1. It is denied that RBS (Natwest Dual Classic) served any default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the defendant.



    1. On the 19th of May 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment and Default Notice.




    1. Shoosmiths LLP Solicitors have not sent any of these documents to me.



    1. On the 19th of May 2017 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.




    1. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.



    1. I have asked the Claimant if we may agree to extend the time period allowed for filling my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.




    1. Under Civil Procedure Rule 16.5(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admin the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.



    1. I request the Court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.




    1. In the Event that the relevant documents are received from the claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the cost of the amendment.



    1. It is denied that the Claimant is entitled to the relief as claimed or at all.

    The Defendant believes that the facts stated in this defence are true.

  11. #61
    charitynjw's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Ok.

    I'll assume that you will number the paras correctly before filing at court.

    One other thing to look at is when was the last time you personally paid into the account, or acknowledged it in writing.
    Did your brother have written consent to make payments?
    Was it some kind of formal debt management arrangement?
    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

  12. #62
    nleo's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Honestly I don't remember exactly,
    it was 2013 I believe when it stopped.
    he had nothing written, he gave me full access so it's like it was me.
    It was dealt directly with Natwest at first (around 2006 I believe).
    Then I don't honestly remember.. 2006 was the beginning of several nightmares where I found myself leaving in a shared Room / sofa surfing after leaving in my own house with wife and kids..
    Reason for my stress over this is that brings back memories I want to forget.

    Apologies If I may sound confusing.. but I am.

    Best,
    Leo

  13. #63
    charitynjw's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Hi nleo

    If there is a chance that a statute-barred defence can be shown, it is well worth at least raising the possibility in your submitted defence. This is a £10k claim; it's worth pulling out all the stops.
    How did your brother make payments? Via his own bank account?
    Have you personally acknowledged the debt in writing during the last 6+ years?
    Did your brother have your written consent to make payments on your behalf?
    If so, did the creditor receive written confirmation of this?
    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

  14. #64
    nleo's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Hi Charitynjw,
    Difficult situation it is. I don't recall anything done in writing, but in the conversations my Brother has never spoke I'm sure. (he couldn't speak English at the time).
    I'm going to submit my defence now, on the basis that they have not responded.
    Thank you

  15. #65
    nleo's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Hellon Everyone.. 2 weeks have passed and still shacking everyday I get the post.
    Shoosmiths have responded on the 16th saying they are in the process of obtaining....
    But Cabot did not send me the CCA within 12 days.. so why ? Are they still able to provide?

    Have a nice day everyone and thank you
    Leo

  16. #66
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Yes , the CCA is unenforceable after 12 days, but only while their default continues - which means they can 'find' it in a month, a year,or three years and go for enforcement then.

    But still put your defence in, once it has been through court and discontinued that generally ends the debt - they have to argue a very good reason to be allowed a second bit of the cherry - so you are basically hoping they don't find it before the court hearing and discontinue the 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.

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

  17. #67
    warwick65's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Hi

    Cabot always used to send regular letters out about cca requests updating the customer on progress however I sent two over 12 months ago, received an acknowledgement saying they would keep me updated and not heard a thing since

  18. #68
    warwick65's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Hi again nleo

    You have put in your defence and are still waiting

    the claim is about 10,000 is that right, is it much over or under that - I ask because of the likely track it will go on

    have you thought about legal representation - maybe see how much it would cost to take it forward if the claim continues
    @Diana M @Joanna C @pt2537

    I know how stressful it is, I have a claim running against me at the moment and it is really getting to me

  19. #69
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Hi Warwick65,
    it is just below £ 10500.
    so far 28 days have gone and received only acknowledgment ..
    I will surely consider your suggestion should I receive further ..
    At the moment, I feel lost I must admit..

  20. #70
    warwick65's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    I am lucky mine is half of that and it is really stressing me out but you can only do so much.

    So you submitted your defence based on no docs

    I believe the fact the claimant is cabot financial (uk) may cause them problems - as you haven't pleaded it in your defence that may be something you would want to address if they come back at you with a DQ

    I believe as it is over 10K you could get a Conditional Fee arrangement (no win no fee) but check with any lawyer exactly what is entailed if this is the case
    https://justbeagle.com/search?fixed_...t_search=1&cp=

    This shows some fixed fee or other solicitors - just if I may make a suggestion, check the firms out as you wouldn't want to employee a company who make most of their money litigating against poor people like us e.g Restons, Shoosmiths etc

    - - - Updated - - -

    Did you send a SAR to the original creditor ?

    If not i would get that done asap

  21. #71
    nleo's Avatar

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    Default Re: Court letter from Shoosmith on behalf of Cabot

    Did send a SAR but they need my proof of signature they said...
    Mind you I had my wrist in plaster when I signed..
    Will resend with copy of ID (shall I? )

  22. #72
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    Default Re: Court letter from Shoosmith on behalf of Cabot

    I would

    Could be useful

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