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Hi all,
My story so far-
On 26 December 2015 I received a claim from NCC from Cabot Financial (UK) Ltd / Shoosmiths LLP for £6,882. I dutifully sent off a CCA and CRP requests. I received letters that Cabot & Shoosmiths were looking into my requests and that the matter was 'on hold'. I did not receive any further correspondence before my defence deadline so I entered a defence on the basis that I had not received any documents to either defend or admit the case. I received a confirmation from NCC of my entered defence but then never heard anything else and presumed the case had been stayed.
A few months later, approx Feb 2016, I received a letter from Shoosmiths stating that they could not provide the documents requested in the CCA and that they now considered the case unenforceable. Great! Or so I thought.
Yesterday I received a rather large package from Shoosmiths. It contained a response to my defence, a copy of the original credit agreement, a list of transactions and copies of two letters sent when the account originally went into default. Shoosmiths have requested we complete an Income and Expenditure form and return it in the next 14 days.
Now what do I do?!? :tinysmile_hmm_t2:
The last transaction on the account was 25/06/2010 (opened in May 2005), is it possible that the case is statue barred?
The main points from Shoosmiths letter-
'6. We have requested a copy of the Notice of Assignment from our client which will be forwarded to you upon recipt.
7, As the value of the claim is £6,882 on allocation this claim will be allocated to the small claims track. Your request for disclosue pursuant to CPR 31.14 is, therefore, premature.
8. We are instructed by our client that it has now provided a response to your request made pursuant to sections 77/78 Consumer Credit Act 1964'
Any advice is incredibly gratefully received......
My story so far-
On 26 December 2015 I received a claim from NCC from Cabot Financial (UK) Ltd / Shoosmiths LLP for £6,882. I dutifully sent off a CCA and CRP requests. I received letters that Cabot & Shoosmiths were looking into my requests and that the matter was 'on hold'. I did not receive any further correspondence before my defence deadline so I entered a defence on the basis that I had not received any documents to either defend or admit the case. I received a confirmation from NCC of my entered defence but then never heard anything else and presumed the case had been stayed.
A few months later, approx Feb 2016, I received a letter from Shoosmiths stating that they could not provide the documents requested in the CCA and that they now considered the case unenforceable. Great! Or so I thought.
Yesterday I received a rather large package from Shoosmiths. It contained a response to my defence, a copy of the original credit agreement, a list of transactions and copies of two letters sent when the account originally went into default. Shoosmiths have requested we complete an Income and Expenditure form and return it in the next 14 days.
Now what do I do?!? :tinysmile_hmm_t2:
The last transaction on the account was 25/06/2010 (opened in May 2005), is it possible that the case is statue barred?
The main points from Shoosmiths letter-
'6. We have requested a copy of the Notice of Assignment from our client which will be forwarded to you upon recipt.
7, As the value of the claim is £6,882 on allocation this claim will be allocated to the small claims track. Your request for disclosue pursuant to CPR 31.14 is, therefore, premature.
8. We are instructed by our client that it has now provided a response to your request made pursuant to sections 77/78 Consumer Credit Act 1964'
Any advice is incredibly gratefully received......
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