Hi,

I received a claim on 14th feb 2015 from Shoosmiths Solicitors on behalf of Cabot.

I had already sent a CCA request to Cabot on 30th Jan 2015 and they replied on 4th Feb 2015

saying that they currently do not have this information on file

but have requested the information from the original lender.

They anticipate the information will be provided within 40 days.

I have acknowledged the claim at MCOL and I am posting a CPR 31.14 request to Shoosmiths in the morning

, is there anything else I should be doing?

Has anyone had any dealings with Shoosmiths before?

Claim From Cabot Financial (UK) Limited

Date on claim 13th February 2015

What is the claim for – the reason they have issued the claim?

1. The claimant claims the sum of £14k

being monies due from the defendant to the claimant

under a regulated agreement between the defendant and Lloyds Bank (xxxxxxxxxxxx) and

assigned to the claimant on 24/06/2014, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice has been served pursuant to the Consumer Credit Act 1974.

3. The claimant claims the sum of £14k and costs

4. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

What is the value of the claim? £14k

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Loan

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim? Assigned to Cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? struggled with payments so when to a debt management

What was the date of your last payment? Dec 2010

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes and they failed to respond to debt managements request for CCA

lots of claims here from restons

just type claimform restons

in our red search bar

dx

40 days?

template removed - please read our rules

They have 41 days from your request when it's entirely maximised, after that it becomes unenforcable.

If you had an open dispute with lloyds at the point they sold it they are in breach of regulations linked through s10 consumer credit act 1974.

A lender can not sell a debt whilst it is queried.

I have sent a similar worded CCA request to Cabot but i had no dealings with the dispute with Lloyds. I was just informed that they hadnt responded to the requests but cashed the £1.00

I have sent a similar worded CCA request to Cabot but i had no dealings with the dispute with Lloyds. I was just informed that they hadnt responded to the requests but cashed the £1.00

Ask for them to send you that in writing and ask them why was it not sent. They are legally obliged to send you that information. Add the proof that the £1 was taken.

If they did not attempt to send it due to an error etc then you have grounds for it to be returned to the original creditor if it is an acting DCA (debt collection agency). If it is a debt purchaser and they are the data controller they will not have any legal ground to collect. Banks are instructed to stop debt cycles, the way they do it is via DMP's (debt management plans). They need to be seen as being reasonable if you openly admitted you are having financial difficulties Since you offered to pay them something instead of nothing they do not really have a case. Their procedure is to freeze interest (they do not have to do this but usually do) and use their 'specialist team' (I use that term lightly) to discuss repayments. Courts are there if you refuse to pay, you have not, you simply said I can not afford that much, please help.

If you have any other information that can be used to help your case, even though you might think it is insignificant , post it up. You might be able to use it

that's a std reply from cabot seen in many threads here.

the more important issue is

this is post apr 2007 CCA - so they could secure judgement with just a recon

they don't need the signed CCA anyway

dx

Ask for them to send you that in writing and ask them why was it not sent. They are legally obliged to send you that information. Add the proof that the £1 was taken.

 

If they did not attempt to send it due to an error etc then you have grounds for it to be returned to the original creditor if it is an acting DCA (debt collection agency). If it is a debt purchaser and they are the data controller they will not have any legal ground to collect. Banks are instructed to stop debt cycles, the way they do it is via DMP's (debt management plans). They need to be seen as being reasonable if you openly admitted you are having financial difficulties Since you offered to pay them something instead of nothing they do not really have a case. Their procedure is to freeze interest (they do not have to do this but usually do) and use their 'specialist team' (I use that term lightly) to discuss repayments. Courts are there if you refuse to pay, you have not, you simply said I can not afford that much, please help.

 

If you have any other information that can be used to help your case, even though you might think it is insignificant l, post it up. You might be able to use it

If you listen to any of this ****, you will end up with a CCJ against you.

It is now down to litigation and not letter pong about what Lloyds or Cabots are 'supposed' to do.

If you already have confirmation that no CCA can be found, keep it safe.

Send the CPR31.14 asking for whatever they mention in the POC.

Stick to court time lines.

If you listen to any of this ****, you will end up with a CCJ against you.

 

It is now down to litigation and not letter pong about what Lloyds or Cabots are 'supposed' to do.

 

If you already have confirmation that no CCA can be found, keep it safe.

 

Send the CPR31.14 asking for whatever they mention in the POC.

 

Stick to court time lines.

I think people need to learn the meaning of the word Litigation. If you go to court you have the chance of getting a CCJ, if you apply what was said then you can try to remove that chance of needing to goto court. It is about options, watch your language havina

I think people need to learn the meaning of the word Litigation. If you go to court you have the chance of getting a CCJ, if you apply what was said then you can try to remove that chance of needing to goto court. It is about options, watch your language havina

I think in an earlier post, you mentioned you run a charity!

Could you please PM or email admin the charity number!

40 days?

 

template removed - please read our rules

 

They have 41 days from your request when it's entirely maximised, after that it becomes unenforcable.

 

 

If you had an open dispute with lloyds at the point they sold it they are in breach of regulations linked through s10 consumer credit act 1974.

 

 

A lender can not sell a debt whilst it is queried.

A lender CAN sell a debt while it is queried. Simple.

Shame its now down to the Litigation process...

We will help you, HAStella is right.

Shoosmiths have responded to my CPR 31.14 request,

they have said they are unable to provide the documents within 7 days and would be able to send them by the 19th March.

They also have agreed to give me an extension to file my defence of 14 days from receipt of the documents.

Should i write to the courts or should i submit my defence on the 17th March?

on time

why give them more time to find the docs

they should not be issuing speculative claims

hoping for a non contested rubberstamped default judgement.

CCA it the important one

they cant shirk that.

dx

do i file the no paperwork defence?

certainly if they have not responded by the 17h yes.

post it up here first mind!

dx

Im trying to put my defence together ready for the 17th, can anyone advise me if this would be ok?

1. The claimant claims the sum of £14k

being monies due from the defendant to the claimant

under a regulated agreement between the defendant and Lloyds Bank (xxxxxxxxxxxx) and

assigned to the claimant on 24/06/2014, notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice has been served pursuant to the consumer credit Act 1974.

3. The claimant claims the sum of £14k and costs

4. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Lloyds.I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds Bank.

3. Paragraph 2 is denied I am unaware of any Default Notice allegedly served last year from either the Claimant or Lloyds Bank

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Restons, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

looking good

dx

Hi,

I have been sent a letter from Cabot today saying that are not able to provide the information i have requested

but will continue to request it from the original lender and have put the account on hold.

They also say that the credit agreement is currently unenforceable

but i am still obliged to repay the outstanding balance.

Did you submit a defence?

yeah submitted on the 16th.

Will this mean that the claim will be stayed?

yep [28 days from the 16th]

dx

This will be the second claim from Cabot that will be stayed, what happens to them? Do they stay on Credit file (Noddle) forever?

until/if they get a ccj and you don't pay that within 28 days

nothing about the claimform shows on any files

the debt itself falls into this criteria:

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

Does the clock not stop for the 6 year rule when a court claim is issued?

defaults are nothing to do with SB.

dx