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mitsy

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About mitsy

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  1. Update! Just received another letter from Shoosmiths with a reconstituted copy of the agreement, my name and address is there but no signature. They have also stated that since they have now provided evidence of the agreement and statement that the want me to fill in a expenditure sheet.
  2. Thanks dx, I think I need to be in a pc to do this.
  3. Bit of an update on this, I have heard nothing back since the defence was put it on 8/8/2016 and have just received a response from Shoesmiths with a statement of account. There is a list of items that was ordered and there dates/cost and that's about it. They have also sent an income expenditure form and have demanded a response by the 21st June. This is what they sent me
  4. So the court won't strike it out because of the dates they say is wrong plus the particulars apparently were wrong and I didn't sign the CPR request Andy
  5. So will they just as for it to be struck out as my defence is wrong?
  6. Update* Just received another letter from Restons. We note you have recently filed a defence to the court proceedings against you. By way of explanation, Cabot Financial (UK) Limited is a Debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows. 1. The outstanding balance is refered to in the particulars of the claim related a Simply Be Facility with a count number ******, Out clients records indicate that the original Credit Agreement was dated on or about **/**/2014. 2. Statements of the account would have been sent to you on a monthly bases during the lifetime of the account. Such statements will have identified any items of expenditure, payments made towards the account, the application of any contractual interest/charges and the outstanding balance. 3. You failed to maintain the minimum monthly payments as required by the statements of account and accordingly, Jd Williams Ltd terminated the credit agreement. 4. In line with the terms and conditions of the credit agreement, the original creditor had a contractual right of assignment, in other words, Jd Williams was entitled to transfer their rights and benefits under the Credit Agreement to a third party and that right was exercised. Around the time of the assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice Of Assigmement Frim Cabot Financial (UK) Limited. Furthermore, this firm was instructed in the **/**/2016 and a letter before action was sent to you in compliance with the Practice Direction-PreActionCinduct and Protocols. In light of the above, we respectfully suggest you check your own personnel records as the documentation you have requested has previously been provided to you throughout the lifetime of your account. We note your reference to a request you made under CPR 31:14 in the 22nd January 2017, whereby this was unsigned, we responded to you on 13 March 2017 requesting the correspondence to be sent again with your signature, a response it yet to be received. We also note that you make reference to the Claim Form which you state received on 05 February 2017. We are unsure as to how you have made your request on a letter dated 22nd January 2017 when you did not receive the Claim Form on 05 February 2017, it is our belief that the letter is incorrectly dated. You have requested copies of documents allegedly mentioned in the particulars of the Claim, however, the documents you have listed are not mentioned in the particulars of the Claim, therefore the Claimemt will not provide them under this request. In view of the information set out in this letter. We do not believe your Defence has any real prospect if success and we will therefore recommend your our Client that an application to be made to strike out the Defence and to enter judgment against you for the full amount claimed together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days. Alternatively, our Client is prepared to consider Andy reasonable settlement proposals you may wish to put forward in order to resolve this matter amicably and avoid continuation of this litigation. Please contact the office within 14 days should this option interest you.
  7. Just had a letter from Restons. "please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response". I printed my name on the cpr request so does that mean I need to send another out hand signed? I have heard nothing back from the court other than accepting my defence and staying it will be stayed if they don't reply within 28 days.
  8. Both are with Cabot Andy but found it strange that Shoesmiths replied out of the blue when I sent Restons the cpr request. I haven't had a reply from Restons yet.
  9. Bit of an update. I posted the defence on Friday and on Sat I received a reply from Cabot saying they can't action my requests as the documents are with Restons/Shoesmiths. But the claim number they used is from the debt from last year that is still stayed and I haven't heard anything from them till now. I also received a letter on Saturday from Shoesmiths still referring to the same debt from last year, they confirm they are still waiting for the documention request from Cabot which totally contradicts what the Cabot letter says. They also state "Our client has confirmed that purely on a commercial bases and in order to draw this matter to a conclusion, they would be willing to accept £400" So I get 2 letters out of the blue and from a debt from last year that with the postal order refunded from a different enquiry and a reply from Shoesmiths and not Restons.
  10. Hi Andy it was my husband who was dealing with these and we are no longer together, there was no more action as the account still has the defense with no reply. 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and JD Williams Ltd. Dated on or about Dec 20 2014 and assigned to the claimant on July 06 2016. 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. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section78 CCA request and a CPR 31.14 request. 2.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served by the Claimant at all. 3.Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the service of a Default Notice pursuant to sec87(1) CCA1974; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim pursuant to s.136 of the Law of Property Act. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if 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 82A of consumer credit Act 1974. 6. On the 22nd Feb 2017 I made a legal request by way of a section 78 request to the Claimant. And a CPR 31.14 Request to the Claimants solicitor, The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. Name of the Claimant ? Cabot Date of issue –31/01/2017 What is the claim for –. 1.The Claimant claims payment of the overdue balance due from the Defendent(s) under a contract between the Defendant(s) and JD Williams Ltd. Dated on or about Dec 20 2014 and assigned to the claimant on July 06 2016. What is the value of the claim? 900.34 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? after 2007 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. Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure Did you receive a Default Notice from the original creditor? dont think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ? no Why did you cease payments? financial difficulty What was the date of your last payment? july 2015 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? no Hi, i acknowledged the claim on line and sent out a CCA to Cabot and a CPR 31.14 to Restons and i have never had a reply yet from anyone. the deadline for the defence is this sat i believe so i will need to get it in by 4pm friday? Any idea what i could put in the defence please.
  12. Thanks guys is this ok. The particulars: 1. The claimant claims the sum of £668.85 being monies due from the defendant to the claimant under a regulated agreement between the defendant and JD Williams led (Jacomo) and assigned to the claimant on the 17/02/2016 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 crediticon act 1974. 3. The claimant claims he sum of £668.85 plus costs 4. The claimant has complied, as far as necessary, with pre-action conduct practice direction. Defence 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. 1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served by the Claimant as alleged or at all. 2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments. 3.Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and 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; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if 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 82A of Consumer Credit Act 1974. 6. On the 25th of July 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  13. Well they haven't replied to the CPR or CCA. I've started working on the defence and have come up with this so far using and old defence from years ago. Defence 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. 1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. 2. Paragraph 2 is denied the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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; 3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if 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 82a of the consumer crediticon Act 1974. 5. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I believe that the facts stated above are true. Signed
  14. Thanks Andy, should I just send a CCA request to Shoosmiths
  15. Hello, my wife has received a claim form from Shoosmiths on behalf of Cabot. We have been away visiting relatives and only got back Sat and the issue date was the 7th July. I quickly acknowledged the claim on sat 23rd. Has she run out of time to handle the claim. Details are below: Name of the Claimant ? Cabot financial Date of issue 7th July 2016 What is the claim for – the reason they have issued the claim? The particulars: 1. The claimant claims the sum of £668.85 being monies due from the defendant to the claimant under a regulated agreement between the defendant and JD Williams led (Jacomo) and assigned to the claimant on the 17/02/2016 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 has complied, as far as necessary, with pre-action conduct practice direction. What is the value of the claim? £668.85 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? was in 2010 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. Cabot issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None Why did you cease payments? Finance problems What was the date of your last payment? 11/02/2016 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? No Actually I've just checked on noddle and the last payment on the account was made on 11/02/2016.
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