Court letter from Shoosmith on behalf of Cabot

[Amethyst]

Ok - check those assignment letters.

Did you ever get the SAR to Natwest sorted ?

[Guest]

not sure I understand this sorry. you mean the letters I sent last year?

[Amethyst]

The subject access request ( data protection act ) that you sent to Natwest - I think you said they came back asking for ID before they could fulfill your request ? Just wondered if you'd managed to get that sorted. It might shed a bit more light on things.

Regarding the letters of assignment - the latest letter they sent says they enclose copies. Can you post those on here ?

[Guest]

Hi there, have attached the letter from Natwest.
hope is ok and no, SAR I never sent my ID and followed up

[Guest]

Good morning,
please let me know if you need anything from my end. I'd like to send the letter today if possible.

Have a nice day
L

[Guest]

Hello and good morning,
the letter of assignment from Natwest to Cabot is dated May 27th 2016 and on the same date the letter from Cabot introducing themselves.
Please help if you can. I am yet to send the letter.

L

[Amethyst]

The claimant is "CABOT FINANCIAL (UK) LIMITED"

Ok the assigment is to "CABOT FINANCIAL (UK) LIMITED"

Just managed /administered by Cabot Financial ( Europe ) ltd


just note from POC
assigned to the claimant on 25/04/2016
so that is about a month before the notices were sent dated 27/5/2016

ok probably fine - I'll amend letter .


so this bit change ....

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.


to....


You have now provided copies of the letters of assignment from Natwest and from Cabot Financial (U.K.) ltd (dated 27/5/2016) for which I thank you, however you have continually failed to comply with my request for a copy of the original agreement under section 78 of the Consumer Credit Act. No Default notice has been provided either. Therefore it is impossible to enter into any mediation or dispute resolution whilst the alleged debt remains unenforceable.

....

That should be fine.

on the £1 payments - does the 'statement' show who the payments were allegedly made to ? Obvs they were before assignment so they must have been made either to NatWest directly or a dca acting for Natwest ?


.... and you should follow up on the SAR.

[Guest]

the letter from Natwest says: Cabot Financial (UK) limited has instruxcted Cabot Financial (Europe) limited to manage your account ot its behalf

[Guest]

Should I send this last you drafted?

[Amethyst]

Can do - check it over and amend appropriately first


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 copies of the letters of assignment from Natwest and from Cabot Financial (U.K.) ltd (dated 27/5/2016) for which I thank you, however you/your client have continually failed to comply with my request for a copy of the original agreement under section 78 of the Consumer Credit Act. No Default notice has been provided either. 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]

Thank you very much. Will go in the post tomorrow.

[Guest]

Good morning,
the letter is sent.
Trying to find the login detail for the Court to see the 'stay' and wonder.. shouldn't it be stricken off after a period?

You all have a great day