Letter from Shoosmith Solicitors/cabot financial threatening court

[Nibbler]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hopefully [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] will pop by later. FlamingParrot is no longer here AFAIK

[Amethyst]

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

Can you post it up padmd xx

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

thank you very much! @Amethyst@nemesis45 [MENTION=1508]Nibbler[/MENTION]

this is just a rough copy but is this ok? anything to add do you think?

Cabot Financial - Claimant

Vs

xxxxxx – Defendant

Defence
I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £2186.82

III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:


a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant on 30/08/2011 a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.
d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 30/08/2011 (as referenced in Section 1 of the Particulars of Claim).

VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.

VIII. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?

IX. The defendant requested under Civil Procedure Rule 39A(3.3) any documents upon which the claimant intends to reply are brought to any subsequent hearing for examination.

Statement of Truth

I believe the facts stated in this defence are true.

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

III. As this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

Is this for late payment charges applied to the account ? Were these at £25 a time or £12 ? Credit card account ?? I don't think I know Moneyway

Also how strongly do you feel about tripartate novation deeds ? ( just checking)

can I ask where the template came from too pls..

(It's fine I'm just a nosey bugger)

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

If i can be completely honest with you. I dont know.. this was a template which i changed to my details. would you recommend removing this part then as to be honest i dont know what novation deeds are. legal beagle have been helping me form day one and i dont have the foggiest . i have read and re read over all these things but it really confuses me so to be honest. i dont know @Amethyst

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also, thats another thing im not too sure what the debt is for. they have failed to supply documents to tell me what this debt is for. i imagine finance from my younger days but im not sure. i sent a CPR 18 request as advised by somebody else yesterday too. thank you

@Amethyst

oh i got the template from. hold on ill grab a link! 4 or 5 posts down.

http://getoutofdebtfree.org/forum/vi...0#.VqdoRPmLSM_

[nemesis45]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Hello Pad can I ask where this defence came from?
before going through it.

nem

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

oh i got the template from. hold on ill grab a link! 4 or 5 posts down.

http://getoutofdebtfree.org/forum/vi...0#.VqdoRPmLSM_

thank you.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

This person on another site was helping me but seems to off abandoned me. i think i annoyed him somewhere along the lines....this is the thread he asked me to send a cpr18.

i just need to post my defence and then the stress will be lifted and ill sleep well untill i get another letter.

http://getoutofdebtfree.org/forum/vi...6#.Vqdqu_mLSM8

but i really am thankful for all your help, id be so lost if it wasn't for you guys! thank you

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

ahhhhhhhhh ( don't worry about novation deeds either - I don't know what they are really either )

so you aren't entwined with it all that much and won't be too offended if we strip a lot of stuff out ?

http://www.legalbeagles.info/forums/...t-Court-Claims is our basic example, which covers your case pretty well, I'll work it in to what you have done though ok xxx


( also the claim is for £2186.8 so you'd get in a bit of poop if you tried to enforce a part 18 request in small claims)

DON'T WORRY ... retyping it now so you can get it sent off and out your hair for a bit xxx

[Nibbler]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

To be relatively blunt, and you were not to know, but the info posted on that site is generally a load of old bullwarks!

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

oh really go to town on that if you like. tear it limb from limb! i haven't really a clue on what it says. i understand its saying "i requested proof of claim" thats about all i understand from readnig and reading it over and over @Amethyst

i wasn't aware [MENTION=1508]Nibbler[/MENTION] thank you for letting me know.

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Can you just tell me ( I am reading back but haven't found it yet) is this a LOAN or a CREDIT CARD from Moneyway ?

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

@Amethyst


thank you so much! i wouldnt know what to do with out you.

- - - Updated - - -

im unsure, i imagine its finance from my younger days but as they never told me where the debt is from i dont know. i assume finance as i searched moneyway and they do finance for retailers.

- - - Updated - - -

im unsure, i imagine its finance from my younger days but as they never told me where the debt is from i dont know. i assume finance as i searched moneyway and they do finance for retailers.

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Also Pad, you might want to nip back on GOODF and remove your letter from Shoosmiths as it has your personal details visible on it.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Oh blimey! well spotted. on the job now.