Letter from Shoosmith Solicitors/cabot financial threatening court

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

lovely! final question and ill be out your hair for the morning.

i think i found the template, could you just let me know what date it means to put in where i have made bold please. sorry, im not very good at this stuff and want to make sure im putting the absolute correct details.

Dear Sirs,
Claim Number: C2BA8300
Request for documents mentioned in a statement of case under CPR 31.14
On 10/01/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect...
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely

[nemesis45]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

lovely! final question and ill be out your hair for the morning.

i think i found the template, could you just let me know what date it means to put in where i have made bold please. sorry, im not very good at this stuff and want to make sure im putting the absolute correct details.

Dear Sirs,
Claim Number: C2BA8300
Request for documents mentioned in a statement of case under CPR 31.14
On 10/01/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect...
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely

That's it, is a formal demand mentioned on your claim Pad? Remove if not.

nem

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

just had a read through the letter again and doesnt mention anything like a formal demand. just the page i put a photo of online and the other pages are just templates to fill out to acknowledgement of the claim. so shall i just delete that line so it reads..

Dear Sirs,
Claim Number: C2BA8300
Request for documents mentioned in a statement of case under CPR 31.14
On 10/01/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents,
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect...
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely

[nemesis45]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

just had a read through the letter again and doesnt mention anything like a formal demand. just the page i put a photo of online and the other pages are just templates to fill out to acknowledgement of the claim. so shall i just delete that line so it reads..

Dear Sirs,
Claim Number: C2BA8300
Request for documents mentioned in a statement of case under CPR 31.14
On 10/01/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents,
1. Agreement / Contact
2. Default Notice
3. Assignment
4******. Formal Demand ****** Remove,
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect...
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely

Take #4 out. Pad.

nem

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

wonderful, thank you once more! all printed off and ready for the post office now.

[nemesis45]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

wonderful, thank you once more! all printed off and ready for the post office now.

Ok, Keep us posted on developments please.

nem

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

all posted, first class and signed for.

With the letter i received about the claim, am i to just leave that alone for now or am i supposed to send this? i acknowledged the claim on the website. is that sufficient for now?

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

hi,hello i received a letter from "shoosmith" this morning. It asks i file a defence within 28 days of my claim letter? im unsure on where to go from here? im really a novice at this stuff, im unsure on what i am writing for my defence. i understand this letter means they will try get the documents but wont give an extension and they are still going a head with the claim? my partner is really worried because we are clueless and thinks i will end up in court and simply cant afford to hand over 2k to someone

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@nemesis45 @FlamingParrot

[padmd900]

Cabot/shoosmith court claim help!

Hello ill try give you a quick history of whats been happening. I received a letter threatening a court claim from 'shoosmith solicitors' acting on behalf of '"Cabot financial" claiming i owed £2200 (or roughly around that amount). I was advised to send a CCA request which i did and i got a letter claiming it would take so many days to obtain the documents. Many a days passed and i never got any other letters assuming they couldn't find the documents. However, 11th January i received a court claim from shoosmith. I once again sent a CCA request to Cabot financial and a request made under the provisions of Civil Procedure Rule 31 .14 to shoeesmith. i received a letter back yesterday from shoosmith . ill try upload a photo of the letter(i cant figure out how to upload a photo) it says "Thank you for your letter dated 11 Jan 2016. We will ask our client to provide copies of the documents you have requested as soon as possible.
However please not that CPR part 15.4 makes no provision for the deadline for the filing of your defence to be extended as a result of your request made under part 31.14. We therefore expect you to file your defence within 29 days of service of the claim form failing which we will make a request for judgement in default to be entered against you."


I am at a loss on what to do. My partner and I are complete amatures when it comes to this and are clueless on where we begin to write a defence. We are unsure on what this debt relates to but are pretty sure it is SB and they cant provide the original agreement but they are stil going ahead with the claim?


Any help on what to do next would be most appreciative as i have to file my defence before the end of the month.
Thank you

[Nibbler]

Re: Cabot/shoosmith court claim help!

[MENTION=6]Amethyst[/MENTION]

Continuation of issues in this thread?

http://legalbeagles.info/forums/show...eatening-court

[Amethyst]

Re: Cabot/shoosmith court claim help!

Well that's just a lie

However please not that CPR part 15.4 makes no provision for the deadline for the filing of your defence to be extended as a result of your request made under part 31.14. We therefore expect you to file your defence within 29 days of service of the claim form failing which we will make a request for judgement in default to be entered against you."

It doesn't have to be related to part 31.14 or anything - but it is their loss - the extension is for their benefit to give them time to get the documents.... and if they don't get them they can't enforce.

Also it's 28 days from service, not 29.

There's an example defence http://www.legalbeagles.info/forums/...t-Court-Claims and you want to add to that that

The Defendant contends that the debt as claimed is statute barred by virtue of section 5 of the Limitations Act 1980 in that no acknowlegdement or payment has been made for over 6 years.

If you do a draft and post it up we'll give it a check over for you xx

[padmd900]

Re: Cabot/shoosmith court claim help!

yes sorry, i thought maybe best to start a new thread and i didnt get a response yesterday and started worrying

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really most kind of you to response so fast! thank you for your advice. my partner and i will sit down this evening to type up a defence and post it here for you to have a once over. thanks again!

[Amethyst]

Re: Cabot/shoosmith court claim help!

No probs xx I've merged your threads and put them in the court claim forum too so hopefully you'll get spotted quicker when you post xxxxxxxxxxx

[padmd900]

Re: Cabot/shoosmith court claim help!

Thank you

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hello,

I am just trying to put my defence together using a template kindly provided. would anyone mind having a read though my defence as im unsure if this makes sense! im at a total loss of what to do. please help me someone.

@Amethyst@nemesis45 @FlamingParrot