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

[Mrs sparkle]

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

Thank you so much...... again!! X

[Amethyst]

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

I just want to get a bit more input on this if you're okay to hang fire for today. Don't worry I haven't forgotten I just want to make sure you have the strongest WS possible and get this case sorted asap. xxxx

[Amethyst]

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

Do you happen to have the date in 2015 when you heard from Shoosmiths and sent in your Driving Licence? ( before or after March 6th )

[Mrs sparkle]

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

It was 2016 I am sure but cannot guess sorry.

[Amethyst]

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

No worries, if it was after the court claim was brought they should have informed you of the court claim, if it was before the court claim ( so before March 2015 ) then they had no reason to send papers to the old address. Don't worry, it will come out in the wash.

Do you know what the original debt was - a credit card ? do you know who it was with ? ( Cabot are a debt purchasing company not a lender so it would originally have been with someone like Vanquis / Barclaycard etc )

Do you know how much the claim is for ?

Do you remember how you knew they had an incorrect date of birth - how did that conversation with Shoosmiths asking you for evidence of the DOB arise?

[Mrs sparkle]

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

Hi
Yes it was after March 2015 definately!
I believe that the original debt was a credit card, maybe Vanquis, but they have been cagey in telling me details.
The reason that I know that my DOB was incorrect was after they contacted me I called to speak to them and find out what it was about and I 'failed security' as I gave them an incorrect date of birth, they refused to speak to me then and went back to the original lender to see if there was a typo...... it transpired ( quite a while later) that the date of birth that they had was not my actual date of birth. But would not tell me the one they had. They then sent me a letter to provide proof of my actual date of birth asking for a photocopy of certain ID which I returned to them with the form in a pre printed envelope.

I am not sure of the exact figure but I believe that it was over 1K at this point.

[Amethyst]

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

Perfect, thank you

[Amethyst]

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

Anywhere a letter or a fact is mentioned you should check if you have any evidence ( like copy of a letter ) and if so put (EXHIBIT A) and attach a copy ( writing the same EXHIBIT number at the top right of the exhibit )

See below draft - this wants completing, pop in a Word documnet, add any exhibits, then get it over to Leicester court, and send a copy to Shoosmiths.

Did you get the CCA letter sent to CABOT ? If not we'll deal with that next and get another letter asking for docs over to Shoosmiths ( agreement, default notice, notice of assignment etc )

but get the WS in first.

IN THE XX COURT NAME XX COUNTY COURT
CLAIM Number: XXXXXX
BETWEEN

CABOT FINANCIAL (UK) LTD
-Claimant
-and-

xxxxxxxxxxxxxx

-Defendant



WITNESS STATEMENT OF THE DEFENDANT



I, xxxxxxxxxxxxx, of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, am the Defendant in this case and will say as follows;

1: The facts contained in this Witness Statement are true to the best of my knowledge.

2: I make this statement to oppose the application of the Claimant to lift the stay and for Summary Judgment.

3: On 16th August 2017, I received a letter from the Claimant's Solicitors. Before receipt of this letter I was unaware of any court claim issued against me.

4: The letter contained a Notice of Transfer of Proceedings and a copy of an Application to the court made by the Claimant, dated 26th June 2017.

5: I oppose the Claimant's application to enter Judgment against me and respectfully ask to be allowed the opportunity to defend the claim made against me.

6: I request the court orders the Claimant to re-serve the Particulars of Claim at the correct address, being xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxx.

7: I also request the court orders the Claimant to provide copies of documents mentioned in their statement of case.


Background
8: In March 2012 I was forced to leave my home due to Domestic Violence from my husband xxxxxxxxxxxxxx. The Police and the charity Women's Aid supported me in this.

9: A part of the abuse I was suffering was that my husband restricted me from any financial decision making processes and, I have discovered over time, obtained various accounts in my name.

10: My husband, xxxxxxxxxxxxxxxxxx, passed away on 19th April 2013.

11: I first heard from the Claimant towards the end of 2015 when I received a letter requesting I contact them to discuss repayment of an account. There was very little information given about the account although I believe it may be a credit card account regulated under the Consumer Credit Act 1974.

12: I contacted the Claimant by telephone to find out what account they referred to, and to request documentation relating to the account, however I was unable to pass their security checks as my date of birth was incorrect on their records.

13: I informed them that any agreement would have been entered into fraudulently by my husband and explained the circumstances.

14: The Claimant told me to report the fraud to the Police. I have spoken to the Police however they state that this is a civil matter, and as my husband is deceased they were not interested in taking any complaint.

15: I informed the Claimant by telephone about the Police's response and they simply stated that they would continue to pursue me for the outstanding amount.

16: Because of the issues I had passing the Claimant's security checks to talk to them on the telephone, the Claimant's solicitor asked me to send evidence of my correct Date of Birth. I did this in early 2016 by sending a completed form and a photocopy of my Driving Licence to them.

17: I received a letter in response saying that they had noted and ‘amended’ my date of birth. The letter didn't say anything else and I thought the matter was at an end.

18: I didn't hear anything else from the Claimant until receipt of the Application referred to in Paragraph 2 of this Witness Statement.

19: In the Claimant's application they state they sent copies of documents to me in February 2017 following a request made by myself in March 2015.

20: I have not made any written request for documents, I did ask for documents when I contacted the Claimant by telephone as outlined in Paragraph 10.

21: I did not receive the letter nor any copies of any documents alleged to have been sent in February 2017.

22. In the Claimant's application they state they wrote to me regarding the claim in May 2017. I did not receive this letter.
23. I am now sending formal requests for information to the Claimant. I am asking for a copy of the original agreement pursuant to s.77/78/79 of the Consumer Credit Act 1974, and making a request under CPR 31.14 for copies of documents relating to this case in order that I may assess the position.
24. I oppose the Claimant's application to enter Judgment against me and respectfully ask to be allowed the opportunity to defend the claim made against me.

STATEMENT OF TRUTH
I believe that the facts stated in this witness statement are true.


Signed: ………………………………
XX YOUR NAME XX
Dated: 23/08/2017

[Mrs sparkle]

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

Thank you, I will get that done once I get home, I have not yet sent a CCA request but had adjusted and printed one of the standard template letters?

thanks so much again ��

[Mrs sparkle]

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

Hi,
i have just received a letter in the post from a leicester County court... I have emailed you a copy as I am insure what I need to do at this point now?
thabks so much

[Amethyst]

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

Got it xxx Just sorting it to post up.

[Amethyst]

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

Did you get the witness statement sorted and sent in btw ?

The court have set a hearing date for the claimant's application for Summary Judgment ( 5th October ) - and just sent you a copy of the application ( which shoosmiths had already sent you so I won't upload that again) They had applied for 'without a hearing' so that is positive that the court deems it worth a hearing, I know we knew that already but it was still down to the judge at Leicester to make the actual decision

[Amethyst]

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

Do you know how much the claim is for at all?

[Mrs sparkle]

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

Hi,
I think it may be 3-4 thousand? But I don't know where I have got that figure from?! Maybe the paperwork previously?
i did the witness statement which I emailed to the court and posted a copy along with 'the other thing' which went recorded delivery to Shoosmiths. Do I need to attend the court?
thanks once again

[Amethyst]

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

Great - all good then. Yes for now expect to need to attend court, really it's a case of seeing if they get in touch in the meantime with any documents etc.