Shoosmiths - help needed

[paulaw2212]

Dear All,

I started a thread in April - summary of details were as follows -

Hello - I am hoping I can get some advice.

In summary in November 2016 I received CCJ paperwork for a catalogue debt with Very. I wrote to the court as I did not have a credit agreement for this debt and had not received one despite asking for it many years ago. The court informed me that they had passed my request onto the claimant and if I didn't hear from them in 30 days the case would be closed.

The solicitor for the claimant has now written to me enclosing -

A reconstituted copy of the agreement
The terms and conditions of the agreement
Statements

I am now being told that I need withdraw my defence as it is without merit. Can someone please advise the best course of action?

Many thanks

Update since then is I sent a CPR request which has been responded to enclosing the same documents once again. I am really unsure as to what my next steps should be?

Any help appreciated.

Thanks,
Paula

[warwick65]

Re: Shoosmiths - help needed

Hi
They can tell you to do whatever they like but you don't have to do it.

However
A little details about the debt might help
What is it, catalogue, credit card, loan, something else
When was it opened
Exactly what steps have you taken, I am guessing
Acknowledged the claim
Sent A CCA request to the claimant?
Sent a CPR to the claimants solicitor
Filed a defence

Is that true

It seems the claim may have been stayed but now they want to lift the stay, the easiest way for them is for you to withdraw the defence and roll over - but do you want to make it easy for them?

[paulaw2212]

Re: Shoosmiths - help needed

Thanks Warwick - this was a catalogue account with Additions which was opened on 19th Feb 2006.

Capquest wrote to me in 2013 chasing the debt and I sent a CCA request - which was never responded to.

I then received a CCJ claim in November last year which I filed a defence for as I have not received the above. The court told me that they had 30 days to provide the information requested and the claim was stayed (If that is the correct term). Shoosmths then wrote to me in April enclosing a letter which was supposed to be from Capquest (sent in 2013) but which is only on plain paper - no headed paper with company address etc and enclosed the following documents.

I then sent a CPR to the solicitor (Shoosmiths) who have re-sent the same documents and are now asking me to withdraw my defence.

Hope this makes sense?
Paula

[MIKE770]

Re: Shoosmiths - help needed

1st document Issue dated May 05

2nd & 3rd document Issue states 2010

[paulaw2212]

Re: Shoosmiths - help needed

These are the only documents which have been sent to me apart from a summary of the account with details of transactions (payments made etc).

[warwick65]

Re: Shoosmiths - help needed

Hi

On the reconstituted agreement are the names and addresses correct for the time you took out the credit?

In your defence did you just plead the non compliance with your S78 request or did you also plead others such as non compliance with a default notice?

What did you ask for in your CPR 31.14 request

It is difficult to say what the best course of action is without knowing what your defence was
[MENTION=87380]Diana M[/MENTION]

[MIKE770]

Re: Shoosmiths - help needed

@warwick65 [MENTION=87380]Diana M[/MENTION]

[warwick65]

Re: Shoosmiths - help needed

Are the solicitors Restons by any chance?

Would help if read the title !

This seems to be a continuation of another thread

http://legalbeagles.info/forums/show...784#post723784

Did you ever send the SAR to either the original creditor or Capquest?

[paulaw2212]

Re: Shoosmiths - help needed

In answer to the questions - yes the name and address are correct at the time which I opened the account. However I did not sign any documents (that I can remember) and the second page does not even have my address details.

On my defense I just put I requested information in 2013 which had not been provided.

- - - Updated - - -

The solicitors are Shoosmiths

[MIKE770]

Re: Shoosmiths - help needed

2nd page a recon albeit a 2010 issue

[paulaw2212]

Re: Shoosmiths - help needed

Warwick - yes the link is the original thread which I opened in April

The SAR was sent to Capquest

[warwick65]

Re: Shoosmiths - help needed

Warwick - yes the link is the original thread which I opened in April

The SAR was sent to Capquest

But not the SAR to the original creditor as advised by [MENTION=87380]Diana M[/MENTION] on the previous thread

[paulaw2212]

Re: Shoosmiths - help needed

No not sent the SAR yet - is this what I should do next? I assume I also need to let Shoosmiths know that this is what I am doing?

Thanks,
Paula

[paulaw2212]

Re: Shoosmiths - help needed

Thanks everyone for your comments so far - I will send the SAR request as I am unsure how to proceed further with this.

[warwick65]

Re: Shoosmiths - help needed

No need to tell anyone about the SAR. Was the totally defence based on non compliance with cca request or did you include other things such as default notice