Shoosmiths - help needed

[paulaw2212]

Re: Shoosmiths - help needed

On defense I just put I requested information in 2013 which had not been provided - I did not mention what documents

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Shoosmiths are threatening to take me back to court unless I reply to them in 7 days

[warwick65]

Re: Shoosmiths - help needed

So this has been stayed and no witness statement done?

If you withdraw your defence you will get a CCJ unless they do a Tomlin order however if you let the process run its course you could still agree to a Tomlin later or maybe even win. I can not comment on the chances as I do not know all the details and am not qualified
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

[paulaw2212]

Re: Shoosmiths - help needed

I think it has been stayed - I submitted my defence in November and received a reply from the court to say that the claimant had 30 days to provide the information, otherwise they would need to re-apply (not sure of exact words as don't have that letter with me).

My main worry at the moment is that Shoosmiths are only giving me 7 days to reply to them otherwise they are saying that they will go back to court.

I suppose my main concerns are - there is no signed agreement (not sure if that counts for much), the letter which they claim Capquest sent to me in 2013 was not on headed paper plus other things.

I am really unsure of my best course of action

[charitynjw]

Re: Shoosmiths - help needed

I think it has been stayed

You can phone the court for a status update.

[pt2537]

Re: Shoosmiths - help needed

I think it has been stayed - I submitted my defence in November and received a reply from the court to say that the claimant had 30 days to provide the information, otherwise they would need to re-apply (not sure of exact words as don't have that letter with me).

My main worry at the moment is that Shoosmiths are only giving me 7 days to reply to them otherwise they are saying that they will go back to court.

I suppose my main concerns are - there is no signed agreement (not sure if that counts for much), the letter which they claim Capquest sent to me in 2013 was not on headed paper plus other things.

I am really unsure of my best course of action

May i ask what Shoosmiths are asking for ? Can you let us know what the text of the letter says?

[paulaw2212]

Re: Shoosmiths - help needed

Letter from Shoosmiths says the following -

The defence you have submitted in this matter is therefore without merit. In the interest of costs, we invite you to withdraw your defence and to put forward a reasonable offer for repayment to our client.

For the avoidance of doubt, should you proceed to defend our clients claim, we will have no alternative but to proceed with an application for summary judgment at the earliest opportunity.

[pt2537]

Re: Shoosmiths - help needed

Have they provided a Default notice?

Maybe it would be wroth writing back to them if they havent given you a default notice, and also its worth pointing out that you may well be seeking leave to amend the defence thus making any summary judgment application irrelevant

[paulaw2212]

Re: Shoosmiths - help needed

The only documents they have provided are (as per their letter) -

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

Thanks
Paula

[paulaw2212]

Re: Shoosmiths - help needed

A quick question - do I send the SAR to Additions or Shop Direct Financial Services? Thanks

[warwick65]

Re: Shoosmiths - help needed

I would send it to shop direct and get whatever they have.