Court letter from Shoosmith on behalf of Cabot

[MIKE770]

Re: Court letter from Shoosmith on behalf of Cabot

CCA with £1.00 Postal Order to claimant

CPR31.14 free of cherge to solicitors

- - - Updated - - -
@diana M

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

ok I can send the CCA to Cabot.
But do I have to do it via the moneyclaim online in response to the court claim?
I don't understand, sorry

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

Guys I am so nervous I am shacking!
So I shall leave the 'Defence Particulars' empty?
Yes....if you acknowledge within 19 days of the claim issue date, you have 33 days (from the issue date) in which to file a defence.
Where and when do I request the CCA and other stuff?
Asap. Keep copies & get proof of posting.
CCA + £1 fee to Claimant, CPR (plus a copy of the CCA request...no fee with this one).....to the Claimant's solicitors.

Thanking you

####

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Ok I have the letters ready.

The One to the Solicitors:
Please read it and let me know please.

The Particulars of claim as written:
1 the Claimant claims the sum of 10368.04 being monies due from the defendant to the claimant under a regulated agreement between the defendant and RBS (Natwest Dual Classic (5454xxxxxxxxxxxx) and assigned to the claimant on 25/04/2016, notice of which has been provided to the defendant.
2 the Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 .
3 the Claimant claims the sum of 10368.04 and costs.
4 the claimant has complied, as far as is necessary, with the pre-action conduct practise direction.

===================CPR 31.14
Lxxx xxxxx
xxxx
xxxx
xxxx

19/05/2017

SHOOSMITHS LLP
5 THE LAKES
NORTHAMPTON
NN4 7SH
for Claimant:
CABOT FINANCIAL (UK) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
ME19 4UA


Dear Sirs,

Claim Number: xxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 16/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 06 June 2017.


1. Agreement
2. Assignment
3 Default Notice


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 19 May 2017. Correct date?)

I look forward to hearing from you.

Yours sincerely

Leo

==================== End

letter to Cabot

=======================CCA

Leonardo Fazzi
xxxxx
xxx
xxx

19/05/2017


CABOT FINANCIAL (UK) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
ME19 4UA

Dear Sir/Madam

Re:− Account Number 54546xxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,
xxxx

========================end

Before receiving the Court Claim, I did send a letter to Shoosmith (but they ignored it? )


============== the letter I sent recorded delivery
Leoxxx
xxxx
xxx
xxx

10/05/2017


CABOT FINANCIAL (UK) LIMITED
1 KINGS HILL AVENUE
KINGS HILL
WEST MALLING
ME19 4UA

Dear Sir/Madam

Re:− Account Number 545xxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

leoxxxx

===================end (i did not send the postal order) they did not reply

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

Hi leo

As said, all you do for now on the MCOl website is tick the acknowledge and defend all . Noting yet in the defence box.

The CCA and CPR request are sent as royal mail signed for - then check online in a couple of days to see if they have been delivered. Do not fret too much if they do not show.

If you can afford it and are really worried you can send by special delivery which costs over £6 a throw. I have never sent anything special (other than stuff to a solicitor when it was valuable).

Seriously though, try not to worry , I know it is nerve wracking - you should have seen me the day i got the claim - but a few good people really helped and calmed me down - thanks [MENTION=87380]Diana M[/MENTION]

I decided for my claim of 5K ish to use a solicitor to deal with it, not because I didn't think I was able , just because I had a lot on and I knew dealing with the claim would impact my education ( I'm an old fart doing a degree).


The letter in the post above you sent to shoosmiths was the right one BUT it should have gone to Cabot and it should have included the £1 fee. Then if they do not reply that is their fault

( Last year i was being chased by cabot for two debts , so I sent them a CCA request for each and apart from an acknowledgment have heard nothing since)

If I am going on too much, just tell me, ask me simple questions and tell me you want simple answers - I am an old gas bag sometimes

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

& as [MENTION=98117]warwick65[/MENTION] has suggested, send a SAR.

I should also add, you really should send a SAR to NatWest to get all the details they have, £10 fee and the template is on the forum under received a court claim. Green box at the top of this page , look down the thread that the link goes to, various options of how to phrase it

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Thank you.
CCA and CPR going today.
I will also prepare the SAR to Natwest.
Qusation: I have to give them 40 days. what about the time for my defence? as I state it would be before?
SAR copy to Shoosmiths as well?

Thanks you

[MIKE770]

Re: Court letter from Shoosmith on behalf of Cabot

Recorded Delivery


SAR originator only not shoosmiths are only solicitors

- - - Updated - - -

do your defence on time not the 40 days that is a response to SAR only

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

I can't find the Contact address for RBS Natwest ?

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Here's the letter..
Please advise if I need to mod please

================SAR

Leoxxx
DOB xxxx
xxxx
xxx
poscode

Natwest Card Services
PO Box 5427
Southend-on-Sea
SS1 9AJ


RBS (Natwest dual Classic) Acc. Number 54546xxxxxxxxx

DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST



Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply

If you have had previous addresses you could include list them here

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

Yours faithfully,
Leo


=================== End
Just as it is ? £ 10 as postal order?

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

Here's the letter..
Please advise if I need to mod please

================SAR

Leoxxx
DOB xxxx
xxxx
xxx
poscode

Natwest Card Services
PO Box 5427
Southend-on-Sea
SS1 9AJ


RBS (Natwest dual Classic) Acc. Number 54546xxxxxxxxx

DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST



Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply

If you have had previous addresses you could include list them here

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

Yours faithfully,
Leo


=================== End
Just as it is ? £ 10 as postal order?

I have highlighted a bit in red that was an instruction to you and not to be included in the letter so for example ' Addresses you may have on file for me include xxxxxx'

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

Just to add, the info you may or may not get from the SAR is not for your defence - you may use it in your witness statement.

You will usually receive their witness statement signed as a statement of truth before you complete yours, so if for example they said 'the card was blue' you could reply . according to the original creditor the card was black .

Someone has therefore got it wrong and it is more likely to be them than the original creditor. I am only using colour as a silly example - it could be something they mentioned in the claim or you have asked fro in your defence

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

thank you.
Do I need to list all my addresses?
I had a few since 2006 as was divorce time...

Leo

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

I have addded my original address

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

Thats ok,

I know on my credit file there is still a link to an address I moved out of 14 years ago and a recent SAR produced details of a credit card I had forgotten about although I did not include that address