Court letter from Shoosmith on behalf of Cabot

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

Ok.

I'll assume that you will number the paras correctly before filing at court.

One other thing to look at is when was the last time you personally paid into the account, or acknowledged it in writing.
Did your brother have written consent to make payments?
Was it some kind of formal debt management arrangement?

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Honestly I don't remember exactly,
it was 2013 I believe when it stopped.
he had nothing written, he gave me full access so it's like it was me.
It was dealt directly with Natwest at first (around 2006 I believe).
Then I don't honestly remember.. 2006 was the beginning of several nightmares where I found myself leaving in a shared Room / sofa surfing after leaving in my own house with wife and kids..
Reason for my stress over this is that brings back memories I want to forget.

Apologies If I may sound confusing.. but I am.

Best,
Leo

[charitynjw]

Re: Court letter from Shoosmith on behalf of Cabot

Hi nleo

If there is a chance that a statute-barred defence can be shown, it is well worth at least raising the possibility in your submitted defence. This is a £10k claim; it's worth pulling out all the stops.
How did your brother make payments? Via his own bank account?
Have you personally acknowledged the debt in writing during the last 6+ years?
Did your brother have your written consent to make payments on your behalf?
If so, did the creditor receive written confirmation of this?

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Hi Charitynjw,
Difficult situation it is. I don't recall anything done in writing, but in the conversations my Brother has never spoke I'm sure. (he couldn't speak English at the time).
I'm going to submit my defence now, on the basis that they have not responded.
Thank you

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Hellon Everyone.. 2 weeks have passed and still shacking everyday I get the post.
Shoosmiths have responded on the 16th saying they are in the process of obtaining....
But Cabot did not send me the CCA within 12 days.. so why ? Are they still able to provide?

Have a nice day everyone and thank you
Leo

[Amethyst]

Re: Court letter from Shoosmith on behalf of Cabot

Yes , the CCA is unenforceable after 12 days, but only while their default continues - which means they can 'find' it in a month, a year,or three years and go for enforcement then.

But still put your defence in, once it has been through court and discontinued that generally ends the debt - they have to argue a very good reason to be allowed a second bit of the cherry - so you are basically hoping they don't find it before the court hearing and discontinue the claim.

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

Hi

Cabot always used to send regular letters out about cca requests updating the customer on progress however I sent two over 12 months ago, received an acknowledgement saying they would keep me updated and not heard a thing since

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

Hi again nleo

You have put in your defence and are still waiting

the claim is about 10,000 is that right, is it much over or under that - I ask because of the likely track it will go on

have you thought about legal representation - maybe see how much it would cost to take it forward if the claim continues
[MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=551]pt2537[/MENTION]

I know how stressful it is, I have a claim running against me at the moment and it is really getting to me

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Hi Warwick65,
it is just below £ 10500.
so far 28 days have gone and received only acknowledgment ..
I will surely consider your suggestion should I receive further ..
At the moment, I feel lost I must admit..

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

I am lucky mine is half of that and it is really stressing me out but you can only do so much.

So you submitted your defence based on no docs

I believe the fact the claimant is cabot financial (uk) may cause them problems - as you haven't pleaded it in your defence that may be something you would want to address if they come back at you with a DQ

I believe as it is over 10K you could get a Conditional Fee arrangement (no win no fee) but check with any lawyer exactly what is entailed if this is the case
https://justbeagle.com/search?fixed_...t_search=1&cp=

This shows some fixed fee or other solicitors - just if I may make a suggestion, check the firms out as you wouldn't want to employee a company who make most of their money litigating against poor people like us e.g Restons, Shoosmiths etc

- - - Updated - - -

Did you send a SAR to the original creditor ?

If not i would get that done asap

[Guest]

Re: Court letter from Shoosmith on behalf of Cabot

Did send a SAR but they need my proof of signature they said...
Mind you I had my wrist in plaster when I signed..
Will resend with copy of ID (shall I? )

[warwick65]

Re: Court letter from Shoosmith on behalf of Cabot

I would

Could be useful

[Guest]

Oh dear.. when stopped thinking about them here they are again..
Not sure this will reach the kind Gents who helped me last time..
After sending those replies the Court Case was no longer pursued and received no further correspondence till today.
The letter states' We are in the process of seeking instructions from our client in order to progress the claim against you. however we remain mindful of the obligation upon parties to consider setting a dispute at an early stage..
And they Have enclosed copy of statements from june2012to Sept2013 showing £1 per month payment.
19/05/2017 is when I sent the CCA letter to Cabot Financial and CPR 31.14 to Shoosmiths.. they didn't have anything and now they send me these statements? I need to go back to the doctor damn!

With regards
Leo

[Amethyst]

They've JUST sent statements ? no copy of the agreement, default notice or notice of assignment at all?

Did anything come back from your SAR sent to Natwest ?

[Guest]

Correct, just a year of statments