Letter from Shoosmith Solicitors/cabot financial threatening court

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

It is good news, but it's not the end, although not many claims do come back after they have been put on hold, so it is a good sign. If you wanted to get it struck completely you can make an application to the court to force compliance with CPR and document requests or have the case struck out (ended). There is a cost on doing that ( without a hearing is £50) and it could chivvy them up into finding documents - Or it could make them just discontinue. slight gamble but it depends if you want to get it sorted so its not hanging there in the background or are happy to just leave it stayed and potentially deal with it at a later date.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

OK well hopefully no post will come today, if it has "stayed" i think ill leave it till next month and if i have a spare £50 knocking about i may take the gamble to eradicate them all together. fingers crossed no post today! it'll be

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

well still no post. i think ill call the courts now. is it just the northampton county court i ring? thank you

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hi @Amethyst

i rang the court and they said they are behind a week with processing so shoosmith may very well have sent something back but she said she cant tell me just yet, call again in two weeks? its been 34 days since i received my letter to say they had my defence so i guess the anxiety of the daily post continues!

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Okay, well no need to be anxious, they haven't provided you with documents and if they do respond to the court it will only be to say they want to proceed and the court will send you out a directions questionnaire - so it isn't a win or lose issue xxxx

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

thank you for your reassurance

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hello, well i received a letter from shoosmith today. ill see if i can attach it. do you have any advice on this one? seems to be just a delay to everything? thank you once more!

@@Amethyst

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Yip. It is because despite the fact that the claimant should have had sight of the documents on which he intends to rely on in court, in reality he has seen your name and address and debt amount on a list .... and put the claim in on the presumption that 85% of debtors just pay up without question because a court claim is really scary beans.

Give it a week and then see if your case has been stayed... then we can have a ponder on whether you want to push it to conclusion with an unless/strike out order.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

ah ok, been waiting for a letter for ages and then finally it came. awfuly worried as i opened it and then read that and thought....are they just longing this one out now?! but thank you again! you really are a great great help!

[charitynjw]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Just 28 days, it is about that now so you could give the court a call, I suspect the claim will have been ''stayed'' (put on hold) - in which case the claimant will need to apply to the court to lift the stay and continue with the claim.

[MENTION=6]Amethyst[/MENTION]

If stayed, how long should you give it before asking for a strike-out? (in your valued opinion, that is).

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

In my valued opinion lol.... how long is a piece of string - depends on the circs but I think two weeks is ideal. Enough time for the court to catch up if they are behind on paperwork/docs being received, but not enough for any major difference in the ability of the claimant to find the docs.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

@Amethyst

good morning! sorry to bother you again so early but i had a question on my mind that i couldnt find a solid answer searching online.

When a debt is SB is it 6 years from the default date or 6 years since last payment made?

Thank you!

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

That will be because there isn't a solid answer, particularly when it comes to Consumer credit debt.

Default date would be the date the account was defaulted, not the date it appears as defaulted on your credit file, the default notice, if no complied with, allows the lender to recall the full debt, however they may have had the right to default earlier than they did, and that date ( usually one or two months after last payment) will depend on the terms and conditions of the account. If there are no terms and no agreement - well it would be unenforceable anyway under s.77/78 CCA 1974, but they wouldn't be able to evidence when the SB date would be from.

If the account defaulted and then you made payments to say a debt collection agency or collections department then it would run from the date of last payment.

what are your relevant dates?

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

account start date :25/07/2007
Date of default
28/01/2011



its completely unrelated to the shoosmith case but i was just looking on my credit file and noticed this one on there you see and thought "oh noooooo, whats this?!" then started questioning the SB rules. Thought id ask you know

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Ahhh, well the Date of Default on the credit file can be a bit of a guide but shouldn't be relied on as the actual date to take the limitations period from. It would though have to have been defaulted with the CRA over a year after the lender was able to recall the debt so it is unlikely to be state barred ( unless it's Barclays who seem to cling on to accounts as long as possible).
Any idea what it is?