Letter from Shoosmith Solicitors/cabot financial threatening court

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Ok ill give them a call on my lunch. No letter needed to keep shoosmith at bay then? thanks bernie.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi everyone,

I got a letter from Cabot today. i assume royal mail messed up with the signature.

It reads:

We write with reference to your letter received 25 September 2015 requesting a copy of your loan agreement under section (request pursuant to s.77 (1) s78 consumer credit act 1974)

In your letter you have requested the said documentation within a 12 day period however, we are at liberty to supply you with details of your account we hold on file. We have applied to the original creditor for a copy of your agreement with terms and conditions along with a statement and will forward to you once received.


Is this good news? do i have to respont to shoosmith or cabot anymore or just a waiting game.

[Berniethebolt]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Well it's not bad news as they have received your request and have asked the OC to provide it. Nothing can be really assessed until they do provide something or admit that they can not .

It should also stop them issuing a claim . It might be an idea to either email Shoosmiths a copy of the letter or post them a copy so they know from you what is happening. I would say no real need but it gives you the upper hand should they get their communications crossed

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Thanks bernie, Ill forward a copy of the letter once i get home.

[nemesis45]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi everyone,

I got a letter from Cabot today. i assume royal mail messed up with the signature.

It reads:

We write with reference to your letter received 25 September 2015 requesting a copy of your loan agreement under section (request pursuant to s.77 (1) s78 consumer credit act 1974)

In your letter you have requested the said documentation within a 12 day period however, we are at liberty to supply you with details of your account we hold on file. We have applied to the original creditor for a copy of your agreement with terms and conditions along with a statement and will forward to you once received.


Is this good news? do i have to respont to shoosmith or cabot anymore or just a waiting game.

Typical Cabot they should Not instruct solicitors to commence proceedings unless they have to documents on which
they base their claim.

You can remind them of that if you wish and remind them that failure to comply within 12 + 2 working days renders
the debt unenforceable until the agreement or a compliant reconstitute agreement is produced.

nem

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Good afternoon Nemesis45, I like that response. Do you think it would work in my favour to send them a letter stating the 12+2 working days rule, may slow them down a bit if they think i know what im on about you know law wise? thanks again!

[Berniethebolt]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Typical Cabot they should Not instruct solicitors to commence proceedings unless they have to documents on which
they base their claim.

nem

Of course they shouldn't but lets face it we know that all debt purchasers do just that which is exactly the reason that so many get stayed-because a CCA request has been sent and they have not complied with it

[FlamingParrot]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi everyone,

I got a letter from Cabot today. i assume royal mail messed up with the signature.

Hi
That does happen quite a bit unfortunately. :mmph:

It reads:

We write with reference to your letter received 25 September 2015 requesting a copy of your loan agreement under section (request pursuant to s.77 (1) s78 consumer credit act 1974)

In your letter you have requested the said documentation within a 12 day period however, we are at liberty to supply you with details of your account we hold on file. We have applied to the original creditor for a copy of your agreement with terms and conditions along with a statement and will forward to you once received.

It is the expected response because they will have to rely on the original creditor to supply the agreement. Debt purchasers buy accounts in bulk without the paperwork.

Is this good news? do i have to respont to shoosmith or cabot anymore or just a waiting game.

No, you don't have to respond to either of them, once the 12+2 working days are up they will be in default and the account will be unenforceable. :grin: You've already told Shoosmiths that you sent a CCA request and you are awaiting their clients' response. It is rather silly of them to respond saying no CCA request was received since they wouldn't be sent to solicitors. If you did, helpful ones would pass it on to their clients but if they wanted to be obstructive, they'd just return the PO and say they don't have a duty to respond because they are not the creditor, :mmph: and that is actually the case.

Good afternoon Nemesis45, I like that response. Do you think it would work in my favour to send them a letter stating the 12+2 working days rule, may slow them down a bit if they think i know what im on about you know law wise? thanks again!

I believe the CCA request letter already mentions that and they will be fully aware, having received thousands of such requests. They just can't comply because they haven't got the documents.

Of course they shouldn't but lets face it we know that all debt purchasers do just that which is exactly the reason that so many get stayed-because a CCA request has been sent and they have not complied with it

The idea is to get Shoosmiths to think twice before issuing a claim. If you request the documents they'd rely on before a claim is issued, they'll know they won't be looking at an easy default judgment so they may well move on to the next one. ray:

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi Flammingparrot,

Thanks for the detailed response. My mind has really been put at rest with everyones help. I shall not respond to either and wait it out and see if i get any more post! thank you all very much.

[FlamingParrot]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi Flammingparrot,

Thanks for the detailed response. My mind has really been put at rest with everyones help. I shall not respond to either and wait it out and see if i get any more post! thank you all very much.

Knowing Cr@pbot, they'll probably send you a letter saying it will take them 40 days to obtain the documents, with a bit of luck you may even get one of them where they admit that the account is unenforceable because they can't obtain the paperwork. :grin:

Do keep us posted if you hear anything from either them or Shoosmiths. :ranger:

[FlamingParrot]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

I've gone back to the start of the thread but can't see the actual letters being posted up. You may want to look at WHO it is that Shoosmiths are acting for, if it's Cabot (UK) Financial Limited, then take a look at this thread: http://www.legalbeagles.info/forums/...537#post581522 :thumb:

Ignore the above if they are using one of the authorised names such as Cabot Financial (Europe) Limited or Cabot Financial (Marlin) Limited. :mmph:

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi Flammingparrot, You lost me a bit there with your last post? who are restons, sorry? Seems cabot are acting on behalf of "money way". Or was this post supposed to go on another thread?

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

I was just playing about on fca website and put cabot financial UK in the searched and the status says "lapsed"?

- - - Updated - - -

http://fca-consumer-credit-interim.f...w?accId=472690

[FlamingParrot]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi Flammingparrot, You lost me a bit there with your last post? who are restons, sorry? Seems cabot are acting on behalf of "money way". Or was this post supposed to go on another thread?

Sorry, my mistake, I should have said Shoosmiths. They often use Restons as their Shysters of Choice, that's why.

I was referring to CABOT's license having lapsed, as you stated below, however, that only refers to that particular entity Cabot Financial (UK) Limited. If the claim was issued in that name, then you should look at that thread.

I was just playing about on fca website and put cabot financial UK in the searched and the status says "lapsed"?

http://fca-consumer-credit-interim.f...w?accId=472690

Yep! That's what I was referring to above! :grin: :grin: :grin:

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

just had a read of the thread you sent a link for . So its illegal what they are doing? should i send them a letter reminding them of this do you think or just leave it?