** STRUCK OUT ** Received 'notice of transfer' shoosmiths. Debt was husband.

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hi,
the court date is approaching and I am doubtful that I can attend in person as I have had a week off work with an ill child. I had asked for the morning off on Monday but it now looks like I am needed to cover ratios as I have had a lot of people covering me this week. Is it detrimental if I fail to attend? Could I or should I advise the court?

[Amethyst]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hiya, Yes, if you can’t attend, you should advise the court and the claimant. I’ve put a bit of an example letter up here - http://legalbeagles.info/forums/show...vance-at-least however it is a little late to do that now…. If you just don’t turn up at court your statement could just be struck out & the case just found in the other sides favour, so you do need to let them know you can’t attend to enable your arguments to be considered. It’s unlikely they will adjourn it at this late stage so you'll have to ring the court and claimant & email them first thing Monday. Have you heard anything from the claimants since submitting your statement?



Sharon
xxx

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hi again,

i am bow bow in need of some help once more as this is a little out of my comfort zone.
i DID ATTEND court, and met a judge and a lovely lady representing cabot.
The Judge was pleased to see me there but had not received my defence emailed to court.
During the session the judge mentioned a ‘stay’ as the debt was from 2008 and hadn’t been chased until recently.

he was also listening to my defence saying that it was not my debt and in fact fraud.

he gave us 28 days to file a defence ( I don’t know how to do this as my email did not reach the judge and I need to make sure that it does).
he told me to get some legal advice
The lawyer for Cabot took a copy of my defence ( which I had with me) and the request from information. She advised me to try to phone the police again as they should have taken my account of fraud seriously and given me a crime ref number.

could you please help me, I feel that this might actually go away if I do the right things now.

thanks again for all of your help and advice.

[Amethyst]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Ahh well done for attending - it doesn't sound like it was as bad as you thought it would be. Your Witness Statement should have reached the judge, and actually I don't think there would necessarily have been a hearing had someone not read it, so sounds like he wanted a Defence as well as there hadn't previously been a defence filed (I think we weren't sure if there had or not because of the odd way this case has gone to date)

So you need to write a Defence now, and file and serve that on paper - addressed to the court manager for the attention of District Judge xxxxxxxxxxxxx and sent (or taken) to the court where the hearing was, with the claim number and DEFENCE written on the front of the envelope - and send a further copy to the claimant.

So Defence wise - it's like the witness statement but more of the legal points than than what happened/when from your Witness Statement.

This is a basic example Example Defence which we can use as a basic start point.

- you've sent the CCA and CPR requests so can include any non compliance or response to those.
- the fraud allegation should be included with any new crime ref etc from the police/action fraud.
- that you have no knowledge of the debt, how it is made up/calculated, and terms of the account

You have 28 days, so you could use the first 14 to re-request documents from the Claimant or if you are happy /the CCA / CPR requests were received by them just give them a quick chaser letter and give them 7/14 days to respond with the documents so you can consider your position and file your defence.

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hi

thank you again for all of your advice ��
I did feel that the judge was directing me to a defence of ‘the debt being from 2008 but not chased until 2015’ which he clearly disapproved of?
is this a ‘stay’?
Some things made sense but sadly others didn’t ����*♀️
Progress though ��

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hi,
could I please ask a couple of questions regarding my defence?
1) where exactly do I send it? Is it to the court? Is it best to send registered post?
2) do I mention the fact that I have been told that the debt is from 2008 and hasn’t been chased before 2012? The judge did mention this? Is this significant? How would I phrase it?

thanks so much again, your advice has been amazing!!

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hi,
i have the date of Monday to submit my defence and I am really struggling?! The standard one doesn’t really seem to fit my case? Does this matter?? Do and how do I mention the fact that I believe the debt was fraud??
feeling very stressed
sorry

[Amethyst]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Morning xxx

Can you paste what you have got so far on here and I'm sure we'll be able to give you a hand strengthening it

Re the Debt being from 2008 but not chased till 2015 - the Judge could be pushing you towards claiming it as statute barred. Think this is the first we've know that the debt is from 2008 - have the claimants supplied any documents saying when it was defaulted etc?

Ame
xx

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.



1.I received the claim xxxxxxxxxxxx from the County Court at xxxxxxxxxxxx on 11th October 2017.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into an agreement with CABOT FINANCIAL for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment had been made for over 6 years prior.

8.The Claimants statement of case states that the account was assigned from CABOT FINANCIAL to SHOOSMITHS SOLICITORS. The Defendant does not recall receiving notice of this assignment.

9.It is denied that CABOT FINANCIAL served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

10.On the 18th October 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to CABOT FINANCIAL. I requested the Claimant provide copies of the Original Agreement, Default Notice and Notice of Assignment. Posted recorded delivery.

11.To Date CABOT FINANCIAL has not sent any of these documents to me.

12.On the 18th October I sent a formal request for a copy of the original agreement to CABOT FINANCIAL pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14. I have constantly DENIED that the original agreement was taken out by myself Mrs xxxxxxxxxxxx but fraudulently by my abusive husband xxxxxxxxxxxxx (D). I have reported this Fraud to ‘Action Fraud’ (working for the Police and Government) Ref : xxxxxxxxxxxxxx.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


18.I dispute the claim that On 7 February 2017 CABOT FINANCIAL sent ‘requested documentation’ to me at my home address. I have never received any documentation from them.


19. The Date of Birth that was held for me was incorrect, after providing a copy of my Driving Licence with my correct date of birth on, CABOT FINANCIAL replied only to say that they had ‘amended their records’ and continued to chase me for payment of this debt.

20.It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

- - - Updated - - -

I have had no further paperwork from Cabot, and their Solicitor also took a copy at the hearing.

i was concerned that some parts are too ‘colloquial’
thanks

[Amethyst]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

I have had no further paperwork from Cabot, and their Solicitor also took a copy at the hearing.

i was concerned that some parts are too ‘colloquial’
thanks

lol @ colloquial. It's fine Firstly - what did their solicitor take a copy of at the hearing ? your draft defence ?

Also how do we know the debt is from 2008 ?

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Their Solicitor took a copy of my ‘thingy’ request for original paperwork and my defence.
the judge at the hearing told me that it was from 2008. He mentioned the timescale in collection as a negative thing too?!

[Amethyst]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hmm okay - did the Judge have a copy of the orginal claim form? Do you mean the Witness Statement ? ( this bit http://legalbeagles.info/forums/show...l=1#post747054 ) ( don't think we put in a defence as we were at the transfer of proceedings somehow without prior knowledge of the claim - just if it was the defence ( which is what you're currently working on ) then might have issues changing it.

[Mrs sparkle]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Hi
I think the judge must have some paperwork from Cabot to be able to tell me that.
it wasn’t the defence, that’s my airheadedness!! It was my witness statement.
plus my request for original paperwork.

[Amethyst]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

Okay. I'll have a go at your defence

[ostell]

Re: Received 'notice of transfer of proceedings' shoosmiths. Debt was husband.

So should statute barred be in the defence as the judge was hinting at it.