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Cabot Financial (UK) Limited V. GarlickFiend #2

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  • Cabot Financial (UK) Limited V. GarlickFiend #2

    Hi, I've followed the excellent advice I found on this site so far, now having had a reply from solicitors, I would welcome any advice on the next steps, this is my second from Cabot. (or 1st, date-wise!)

    Many thanks! :-)

    Cabot Financial (UK) Limited V. GarlickFiend

    Date of issue of claim:
    01.04.15

    Date of Service:
    07.04.15

    Response required by:

    Tuesday 05.05.15 @ 4pm.

    Particulars of Claim

    1.The claimant claims the sum of 1900.00 being monies due from the defendant to the claimant under a regulated agreement between the defendant and VANQUIS (*****************) and assigned to the claimant on 09/02/2015, notice of which has been provided to the defendant.
    2. 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.
    3. The claimant claims the sum of 1900.00 and costs
    4. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

    Last time it was acknowledged at all (at the time with Ruthbridge Limited) was November 2010 when I sent a letter with an income/expenditure form and £1.00 as a token payment.

    I have sent off the CCA Basic Request for Original Copy of Agreement to Cabot Financial (UK) Limited, and sent the CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim) to the named solicitors Shoosmiths LLP. I sent these off last week around the 20.04.15.

    On 26.04.15 I received a letter from Shoosmiths LLP, dated 24.04.15:

    Dear Sir

    Cabot Financial (UK) Limited -V- Mr GarlickFiend
    Lender: VANQUIS
    Account Reference:****************
    Claim Number: ********

    We write with reference to the above matter.

    We confirm that we have requested the documents you have referred to in your letter of 20 April 2015, from our client. As such, we are unable to provide these documents to you within the 7 days as requested.

    Please be assured that until we receive a response from the client, the above matter will be on hold.

    Upon receiving the response, we will arrange to contact you to discuss the matter further.

    Furthermore, we confirm that we are agreeable to providing you with an extension to file the defence within 14 days of receipt of the documents.

    Should you have any queries, please do not hesitate to contact us on 03700 86 3058.


    Yours faithfully,

    Shoosmiths LLP (as a signature)

    SHOOSMITHS LLP SOLICITORS
    Tags: None

  • #2
    Re: Cabot Financial (UK) Limited V. GarlickFiend #2

    Hi,

    could anyone please help me with this? I have filed a defence that essentially said that I had sent the letters to request the documents as described above, and that I had received a reply from Shoosmiths. I've followed advice from the site so far but I could really do with some help here if anybody can?

    Many thanks in advance,

    GarlickFiend

    Comment


    • #3
      Re: Cabot Financial (UK) Limited V. GarlickFiend #2

      Hi GF ... I'll just give this a bump for [MENTION=6]Amethyst[/MENTION] and [MENTION=55034]nemesis45[/MENTION] 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


      • #4
        Re: Cabot Financial (UK) Limited V. GarlickFiend #2

        Originally posted by Kati View Post
        Hi GF ... I'll just give this a bump for @Amethyst and @nemesis45 xx
        Responding :tinysmile_twink_t2

        nem

        Comment


        • #5
          Re: Cabot Financial (UK) Limited V. GarlickFiend #2

          Good morning GF,
          Looking in as requested by Kati.

          You have things well in hand so far!!

          When was Shoosmith 's letter dated?
          As son as you receive anything from them i.e. a copy
          agreement etc., phone the court immediately and inform
          them that the claimant has agreed to a 14 day extension
          from the date the docs are received.
          Check with the court today on the status of the claim
          and tell them that the sols have stated on date that they
          have " put the matter on hold" until the docs can be provided.
          Keeps you well up to date with proceedings.

          Did you send a CCA request to Cabot? If so when was it sent?

          If Cabot has not complied with the CCA request within the 12 + 2
          working days time scale the debt is unenforceable until the agreement
          is produced.
          nem

          Comment


          • #6
            Re: Cabot Financial (UK) Limited V. GarlickFiend #2

            Hi Nem,

            Shoosmiths letter was dated 24.04.15.

            I sent CCA request to Cabot on 20.04.15 and still have not heard back from them yet.

            Do I just wait to hear from Shoosmiths now then?

            Cheers,

            GF

            Comment


            • #7
              Re: Cabot Financial (UK) Limited V. GarlickFiend #2

              Originally posted by GarlickFiend View Post
              Hi Nem,

              Shoosmiths letter was dated 24.04.15.

              I sent CCA request to Cabot on 20.04.15 and still have not heard back from them yet.

              Do I just wait to hear from Shoosmiths now then?

              Cheers,

              GF
              Yes, don't forget to inform the court of the extension.

              nem

              Comment


              • #8
                Re: Cabot Financial (UK) Limited V. GarlickFiend #2

                I have spoken with the court this afternoon; they have received my defence, noted my response from Shoosmiths and that I am still awaiting documents from Cabot & Shoosmiths. Apparently I just wait to hear from someone now, the ball is in the claimant's court, so to speak!

                That's one weight off my mind, or postponed at least!

                Cheers,

                GarlickFiend

                Comment


                • #9
                  Re: Cabot Financial (UK) Limited V. GarlickFiend #2

                  Ok that's great!

                  Get back to us as soon as you get anything from Shoosmiths or if you don't have any response by the end of next week.
                  CCA request must be complied with in 12 + 2 working days (starts the day posted and excludes weekends and Bank Hols) so keep a check on that.

                  nem

                  Comment


                  • #10
                    Re: Cabot Financial (UK) Limited V. GarlickFiend #2

                    Received a reply from the courts this morning:

                    CASE NUMBER ********

                    CABOT FINANCIAL (UK) LIMITED -V- MR GARLICKFIEND

                    I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you directly to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

                    Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

                    Comment


                    • #11
                      Re: Cabot Financial (UK) Limited V. GarlickFiend #2

                      Hi,
                      Standard letter!
                      You would be wise towards the end of the 28 days and just after to check with the court
                      on the status of the claim, as you will Not be informed if the claim is stayed.

                      nem

                      Comment


                      • #12
                        Re: Cabot Financial (UK) Limited V. GarlickFiend #2

                        Hi Nem!

                        Thanks for that, I will make a note to contact them.

                        Cheers,

                        GarlickFiend

                        Comment

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                        SHORTCUTS


                        First Steps
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                        Income/Expenditure
                        Acknowledge Claim
                        CCA Request
                        CPR 31.14 Request
                        Subject Access Request Letter
                        Example Defence
                        Set Aside Application
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                        NOTE: If you receive a court claim note these dates in your calendar ...
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                        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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