Letter from Shoosmith Solicitors/cabot financial threatening court

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

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.

Ok, they do loans only now, so they might have done store card finance previously.

So you don't know what the debt it, literally, and it is likely to be statute barred.

Give me half hour then xxx

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

thats right. i did request info on what the debt was for but no joy. I never got loans. i did a few higer purchase when i was younger but that was like 10 years ago. i would like to say its statute barred yes but as i have no proof of what it is etc im unsure. 99% sure tho it would be statute barred by now.

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Okay have a read through this, I have bolded the bits you need to sort out, but check you understand everything, and that it is true to the best of your knowledge... and ask ANY questions about ANYTHING.

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1: I received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for an agreement regulated under the Consumer Credit Act 1974.

4. The Claimant's statement of case states the original agreement was between the Defendant and 'MONEYWAY'.

5. It is denied that the Defendant has ever entered into an agreement with MONEYWAY for provision of credit. The Claimant fails to state the type of agreement and the Defendant does not know whether this is for a storecard, credit card, hire purchase or fixed sum loan and the Defendant has no recollection or records of any debt owed to Moneyway and to the best of his knowledge has never had any contact with either Moneyway or any third party regarding an alleged debt until receipt of this county court claim.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from MONEYWAY to CABOT FINANCIAL UK LTD on XXXXX 2011. The Defendant does not recall receiving notice of this assignment.

8. The Claimant states that a default notice has been served, although they fail to give any date of this alleged default. It is denied that MONEYWAY served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9. It is the Defendants contention that if the debt existed, which is denied, then it would be statute barred by virtue of section 5 of the Limitations Act 1980. The Defendant has informed the Claimant of his contention that any debt is time barred however has not received a response to his letter.

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP (acting for the Claimant). I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment as mentioned in their statement of case. The Claimant should have had sight of the documents before bringing the County Court Claim.

9. Neither Shoosmiths LLP nor the Claimant have sent any of these documents to me.

10. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

10. On the [Date] I sent a formal request for a copy of the original agreement to Cabot Financial UK Ltd pursuant to sections 77 to 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with my request Consumer Credit Act 1974 and therefore cannot enforce the agreement while their default continues

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Oh I've put everything in the masculine - sorry if that's not right - just switch to her/she if necessary xxx

For statute barred the onus of proof is on the claimants shoulders - so they have to prove it is NOT statute barred - not have you prove it is.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

[MENTION=6]Amethyst[/MENTION] this is wonderful! so i have read through it and believe i understand what it says. i have put in the dates etc. thats that then!? i can submit this defence online?

you are a star [MENTION=6]Amethyst[/MENTION] . cant thank you enough!

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Good. There's really no need to use airy fairy legal gobbldegook in these things, a bit of knowledge helps, but the truth is the most valuable weapon you have.

Yes once you have put in the dates and claim number you should be able to submit it through moneyclaim online xxx

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

i just tried to submit the defence but got this message?

"We are sorry, but your request has been rejected owing to one or more technical reasons.
Please check your input and try again. If you continue to get this message then please contact the Money Claim helpdesk."

anxiety is really pumping through my veins haha.

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

lol, goodness MCOL need to sort their lives out....

you can email it, if you can ring the court and tell them MCOL isn't working they should give you the instructions...
By email: mcol@hmcts.gsi.gov.uk
By phone – 0300 123 1057 or 01604 619402


If you just email you MUST put the claim number, the parties ( so CABOT v PAD ) and DEFENCE in the subject line.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

oh ok, so theres nothing to worry about, its just a website issue? ok ill give them a call right now

[Amethyst]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Okay How's the 'Your call is important to us' music going down?

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Haha, i got through to a polite chap who said it could be down to particular characters used in the defence as it is picky with what characters are used. so he said go through it and change it but i asked if i could just email it over to him and he said no problem. so i just sent that defence via email and got a automated response. so i think! its all done? just a waiting game now to hear back?

once again, you are a diamond. you have gone straight to the top of my christmas card list! @Amethyst

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

oh the online website let me submit it now! so i have emailed the defence as well as submitting it on mcol. THANK YOU!

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

Good moring @Amethyst

I revived a letter saying they had received my defence and have sent a copy to shooesmith and they have 28 days to reply. I received this letter on the 26th Jan. I am still yet to hear back from shoosmith? is it 28 working days or just 28 days to respond? just worried i havant heard anything and makes every morning waiting for the post a stressful anxious mess.

[Amethyst]

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.

[padmd900]

Re: Letter from Shoosmith Solicitors/cabot financial threatening court

OH so thats good news right?! ok thank you, ill await todays post. should be here around 12 if it does come and if not ill ring the court this afternoon for a update. just want this mess to blow over now. thanks for your help again and fast response! [MENTION=6]Amethyst[/MENTION]