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

[Mrs sparkle]

Hi, I have posted as my situation is a little different. I was traced by Shoosmiths solicitors in 2015 to my current address. I left a situation of domestic violence and control in March 2012 and after recovering letters from shoosmiths it transpires that my husband ( who is now deceased) took out a credit card with cabot ( using his personal email address and not my correct date of birth) which he used and paid payments on for a while. As with other things I had no knowledge of this. I contacted them to discuss my problem and they asked me to confirm my correct Date of birth with my driving licence ( which I did) and thought it would go away.... they have persisted in chasing me after 'ameding' my date of birth to my correct one ( can they even do this??) ..... I explained that this was fraud and they asked me to get a crime number from the police..... the police are not interested as a) it's not technically criminal and b) my husband is dead.
I have received 'notice of transfer of proceedings' from Cabot financial as it is being transferred to my local county court!
please help??

[Amethyst]

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

I'm sorry to hear of the tough time you have had. This sounds like last thing you need to have to sort out.

So you have already submitted a defence in the claim ?
Have you sent a CCA request for the original agreement ?
Anything else submitted to the claimant or court since receiving the court claim?

[Mrs sparkle]

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

I have not yet received court papers, so the only defence I have given them is verbally making them aware.
should I submit a CCA request?
thanks for the reply ��

[Amethyst]

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

Hmmmm, I'm concerned what the notice of transfer of proceedings is then... any chance you can send me a pic of the letter ( admin@legalbeagles.info ) or black out your personal details and upload here. Is it like this? https://bmpa.zendesk.com/hc/en-us/ar...roceedings.jpg

[MIKE770]

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

CCA Request Letter send Recorded delivery with £1.00 postal order (for regulation purposes only) write on reverse

[Mrs sparkle]

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

I shall email you, thanks so much

[Amethyst]

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

Thank you And don't be worrying about it all, we'll help you all we can xx

[Amethyst]

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

Hiya, Yes you do have a court claim against you. I'm going to read through the documents properly ( just on a phone call) but for now it seems the claim has been defended, then put on hold, then the claimant has applied to lift the stay and enter judgment - which is what the transfer of proceedings is for - possibly for a hearing to be set. So we need to defend that application.

The original letters may have originally gone to the address your husband lived at.

Have you written at all to Cabot or Shoosmiths at all in the two years? It says you requested Documents on 10th March 2015.

[Amethyst]

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

Also says they sent the requested Docs in Feb 2017, and threatened the summary judgment application in May 2017.

[Mrs sparkle]

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

Oh No!!
i have had contact with them since 2015 at my current address and have not received anything looking like court papers, until this today. They found me here so would be shocked if they sent it to my old life.

The only written contact that I have had with them is when I spoke to them on the phone and they had my date of birth incorrect, they then eventually sent a letter asking me to prove my actual date of birth and this I did in form of a letter with a photocopy of my driving licence. They then wrote again saying that it had been amended and they were perusing it.
i have had many phone calls but only the occasional letter. No court papers.
thanks so much

- - - Updated - - -

I have never ( other than above) asked in writing for any documents.

- - - Updated - - -

Or received any, I have spoken on the phone a couple of times.

[Amethyst]

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

Interesting...... and slightly bizarre in that case. Was there a covering letter with the Notice of Transfer and application documents?

I think your first step now is to call the court - probably Leicester now - and ask them the status of the claim and whether they could possibly send you a copy (by email) of any defence that was entered in the case, as this is the very first you have heard of the court case you are very confused how there is an application for summary judgment etc for a case from 2015 that you know nothing about..... They'll need the claim number and your name. Leicester Court is 0116 222 5700 ( think they shut at 5 ) - if they don't have the details yet you might need to call Northampton CCBC but they close at 4 today so will have to be tmw - 0300 123 1056.

[Mrs sparkle]

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

Hi,
thank you again for being so helpful!
i have just spoken to a human being at Leicester and she gave me a history. She says that it was previously stayed at 'no action' in Sept 2015 ( when they first located me)

she feels that as it is a big company and my case is left dormant someone has decided to reapply for the judgement without realising the issues surrounding it.

the judge has ordered that it is 'heard on notice' and it was transferred to Leicester. The original paperwork probably went to my previous life in early 2015.

it has not been received at Leicester yet!

she recommends that I speak to Cabot again.

she also recommends that to go alongside the notes she has made that I email in to the court a written statement of what has happened as my defence.

does this sound like good advice?
what sort of things should I be sure to include in a letter?

[Amethyst]

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

Okay, Great to get a decent person on the other end of the phone So at least we know what has happened, and can get your response in and sorted. The local courts ( when you manage to speak with them ) are much better than the crappy Northampton Business call centre.

I'd say don't speak to Cabot, and yes we should do a Witness Statement outlining the issues - can email it to the court but want to send by post to Shoosmiths.

First thing to do is the racking the memory banks part - if you can do a list of approx dates things happened ( and sorry, can you include leaving the home and your husband's passing in the list, then skip to 2015 when Arrow first contacted you and put as much as you can )

It will go something like............... (sorry it's sounds crap when it's written factually in these kind of docs ) don't worry about wording just dates and basics of contact will do for now, then we can add in the claim stuff after, ignore the numbers - it's just a starting point so you see what I mean ....

4: In January 2012 I was forced to leave my home due to Domestic Violence xxxxxxxxxxxxxxxxxxxxxxx
5: A part of the abuse I was suffering was my husband restricted me from any financial decision making processes and, I have discovered over time, obtained various accounts in my name.
6: My husband passed away in xxxxxxxxxxxxxx
6: The first I knew of the alleged account with xxx Original Creditor xxx was when I received a letter from Shoosmiths in xxx 2015.
6: I have received no evidence from the Claimant or their solicitor relating to this account.
7: I received a letter on / about xxxxxxxxxxxxx stating. ......
8: I contacted xxxxxxxxx by telephone on or around xxxxxxxxxxxxxxxxxxxxx and informed them of the circumstances. The Claimant/Shoosmiths stated xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
8: The Claimant's solicitor asked me to send evidence of my Date of Birth. I did this on xxxxxxxxxxxxxxx by sending a photocopy of my Driving Licence to them.
8: I have never received a copy of a court claim form from the Claimant, Shoosmiths or the Court.
9: I have therefore not been given opportunity to submit a defence in the claim.
10: I discovered that there was a court claim against me when I received a letter enclosing a ' Notice of Transfer of Proceedings' from Shoosmiths Solcitors...
10: In the Claimant's application they state that I wrote to them in March 2015 requesting copies of documents. This is denied.
11. In the Claimant's application they state they sent copies of documents to me in February 2017 xxxxxxxxxxxxxxxxxxx - i did not receive this letter nor any copies of any documents. I ask the court orders those documents be provided to me so I may consider my position.
12: In the Claimant's application they state they wropte to me in May 2017 xxxxxxxxxxxxxxxxxxxxx I did not receive this letter

We do need to send a CCA request direct to Cabot - if you can get that done it would be marvellous

[Mrs sparkle]

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

I am so grateful, thank you so much for your time here. I have emailed you a copy of what I have written so far.....
i shall get the CCA request done too ��

[Amethyst]

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

Got it. I'll come back on it in the morning for you xxxx