Court letter from Shoosmith on behalf of Cabot

[Amethyst]

Okay So it seems they are actually no further forward. I'd not worry. To proceed they'd need to apply to the court to lift the stay, and possibly ask for summary judgment, but you can defend that on the same grounds as your original defence, as they have still failed to comply with the CCA request.

1. On the 19^th of May 2017 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
2. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

You never got any further forward with the Subject Access Request to Natwest after they asked for ID info ? Not a problem, just wondered whether you'd provided the info and they'd still come back with nothing?

[Guest]

Further in the letter they ask to consider any proposals to resolve amicably within the next 14 days...
and they enclosed a financial statement to be completed.
I feel harassed to be honest.
And if they 'lift the stay' in the court (can they still do it?) will I be notified by the court itself?

I thank you again for your assistance
Leo

[Amethyst]

We can reply to the letter to put them off applying to lift the stay. Could you do a pic of it and post it up pls.

If they do apply to lift the stay you should receive a copy of the application and will have opportunity to defend against it.

[Guest]

Thank you,
I have attached the photo.
Do you think is best to reply or ignore?

Best

[Amethyst]

Personally , I think it is better to set them straight than just a wait and see approach. It sounds like a testing the water letter tbh. If there is an application to lift the stay then showing that you responded and told them not to bother ( in so many words lol ) will help. I'll get an example for you xx

[Guest]

I understand and thank you

[Amethyst]

Any chance you can upload one of the pages ( with the most info on but redacted if personal details ) as I think we want to point out it's irrelevant.


DRAFTING IN PROGRESS so DO NOT USE.

Dear Shoosmiths,

I am in receipt of a letter from you dated xxxxxxx 2018 regarding a County Court Claim issued in April?? 2017.

You are aware that I filed a defence on the xxx May 2017. My defence disputed your clients legal right to obtain judgment in relation to any outstanding balance believed to be owed under the alleged agreement between Halifax Bank and myself. My position in that regard has not changed.

The transaction lists you have provided are, basically, entirely meaningless to me, they appear to show a list of alleged £1 payments made over the course of a year between 2012 and 2013, without any identifying information, and do not therefore enable your client to proceed with their claim. Should your client instruct you to apply to the court to lift the stay I will defend the application, and request the court strike out the claim as an abuse of process.

I too am mindful of the obligation on the parties to consider settling a dispute at an early stage. However I have been requesting the relevant documents from your client, and from yourselves, since xxxxxxxxxxx and to date, the ''statements'' you enclosed with your letter are the only documents I have received, and therefore it is impossible to enter into any mediation or dispute resolution whilst the alleged debt remains unenforceable.

[Guest]

Here it is

Thank you

[Guest]

Hello and good morning.. Seems like they're doing it on purpose. Sending me letters on Saturday when I collect my kids. The Day is ruined and since last I ended up getting anti stress medication from my doctor.
I have attached a photo of the letter.
They Sent me a lots of statements showing payments of £1 from Jun2012 to Sept2013
I really don't know what to do now and they are threatening to lift the stay to strike out my defence and judgemt against me.
What do I do please?

[Guest]

Dear Amehist,
I haven't used the letter you drafted as you wrote not to as yet. Based on this latest, do you have any advise for me please?

L

[MIKE770]

why did you not use the letter??

[Guest]

because he wrote not to ?

[Amethyst]

Having a read back - but from what you've said it sound quite a standard threat to lift stay when they haven't yet got all the info. Actually sounds like same letter again ?? Ahhh they've added notices of assignment this time?

still no agreement ? This was a credit card so they are going to need it.

I reckon now is a good time to reply telling them so.

[Amethyst]

Sooooo are the notices of assignment copies of originals with the 'correct' details on or templates ? Do the dates match up with what they have previously claimed about the date of assignment ( they won't be exact but should be within a couple weeks really ). Did you find any sign of having made £1 payments ?


So same letter as above that we didn't send as they hadn't actually made a decent 'threat' ... this letter sounds pretty similar ... but they seem to think they've done enough so depending on the above it will want adapting before sending .....



Dear Shoosmiths,

Ref: Claim xxxxxxx

I am in receipt of a letter from you dated xxxxxxx 2018 regarding a County Court Claim issued in April?? 2017.

You are aware that I filed a defence on the xxx May 2017. My defence disputed your clients legal right to obtain judgment in relation to any outstanding balance believed to be owed under the alleged agreement between Natwest Bank and myself. My position in that regard has not changed.

The transaction lists you have provided are, basically, entirely meaningless to me, they appear to show a list of alleged £1 payments made over the course of a year between 2012 and 2013, without any identifying information, and do not therefore enable your client to proceed with their claim. I have no record of any such payments having been made by myself to Natwest or to any third party at all.

I too am mindful of the obligation on the parties to consider settling a dispute at an early stage. However I have been requesting the relevant documents from your client, and from yourselves, since xxxxxxxxxxx . The 'statements'' you enclosed with your previous letter do not evidence in any way how the amount being claimed has arisen. You have now provided template letters of assignment - which I have never seen before, and you have continually failed to comply with my request for a copy of the original agreement under section 78 of the Consumer Credit Act. Therefore it is impossible to enter into any mediation or dispute resolution whilst the alleged debt remains unenforceable.

Should your client instruct you to apply to the court to lift the stay I will defend the application, and request the court strike out the claim as an abuse of process.

I look forward to receiving the documentation shortly.

Sincerely

xxxx

[Guest]

Going to write tomorrow snd send recorded on monday.
I thank you