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HELP!Court action Shoosmiths/MElll***Claim Struck Out***


jax63
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I wonder if any one can give me some advice,

I've tried to do this on my own by following advice given to others, but am now at a loss.

 

I received letters last year from Shoosmiths solicitors claiming I owed their client, MElll just under £9000,

the details on the paperwork also showed a company call Britanica.

 

Although I do have debt problems and 10 years ago got myself into a terrible mess,

by way over borrowing, given the size of my income at the time, from several different companies

(trying to sort out my finances, but only making things much worse!)

I have never borrowed from these people.

 

I wrote to Shoosmiths asking them to provide proof of this debt, with no response.

 

Several months later I received court papers from Northamton county court.

I acknowledged receipt and after reading threads on here sent them CPR request by recorded delivery, asking for original paperwork.

 

They acknowledged this and said they would contact their client to obtain these documents and would hope to have them by 23/12/2013.

As the deadline for my defence was looming, I filed my defence saying I had no knowledge of the debt,

and had requested proof from shoosmiths, but at that time had received nothing.

 

The court wrote on 26/12/13 confirming they had received my defence and had sent it to shoosmiths and that they had 28 days to respond.

 

I have today received from shoosmiths,

a copy of a letter to the court stating they wish to proceed and have it transferred to my local court,

yet they still haven't sent me the documents I requested.

 

By not providing me with proof, they appear to not want to resolve this outside of court,

but they surely must have the documents if they are proceeding .

 

I'm really not sure what I should now do, so any help would be greatly appreciated

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Sorry typo! Courts letter dated 2/12 stating a copy of my defence was being served on the claimant. Shoosmiths letter to the court was dated 3/1/14.

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So you have absolutely no knowledge of this debt to anyone ?

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Uploading documents to CAG ** Instructions **

 

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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There are 2 possibilities if the lenders sold the debt or name changed.

it could be either an egg loan or Lombard direct.

 

I split from my husband on bad terms 3 years ago,

so have no paperwork for anything and never managed to get hold of any post thereafter.

 

This is why I wrote asking for proof of the debt, which so far they haven't provided to me.

 

I don't understand why they are withholding it, as they must have it if they are proceeding.

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Now the claim is proceeding it will be transferred to your local county court you will receive a DQ ( Directions Questionnaire) N180

 

 

Both parties complete this and submit it to assist in the allocation of the claim...you will then receive a Notice of Allocation which will state the timetable and dates of what both parties must submit and do and by what date.

 

 

Regards

 

 

Andy

We could do with some help from you.

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I would have thought that they would have mentioned the original creditor on the claim form. At the very least had they sent out a Notice of Assignment, then it is a requirement that they let you know from which Company it has been assigned.

 

So I am assuming that, not are only they withholding information from you at this moment in time, but that you were never advised of any Assignment. ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Perhaps type out the particulars of claim (verbatim) surely they mention an assignment?

We could do with some help from you.

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Hi

Thank you both for your help.

 

The first I heard was in August last year, when I received a letter from marlin financial services,

saying as I had not agreed a payment plan with them, the creditor ME lll has appointed shoosmiths solicitors,

 

the details on that were original creditor Britannica recoveries S.a.r.l-Arrow,

current creditor ME lll ltd. later that month I got a letter from shoosmiths with same details on it.

 

They did phone me a lot, which I didn't answer,

 

I write asking for all contact to be made by letter and requested proof,

both of which they ignored.

 

They only replied after I had sent CPR by recorded delivery.

The particulars of claim are as follows:

Claimant: MElll ltd

1. The claiment claims the sum of 8013.56 being monies due from the dependent to the claimant under a regulated agreement

between the defendant and Britannic (23814364) and assigned to the claimant on 12/03/2013,

notice of which has been provided to the defendant.

(I have never been provided with this)

 

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 8013.56 and costs.

 

4the claimant has complied, as far as is n the pre-action conduct practice direction.

Number

 

The above is exactly as written.

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Hi jax responding to your PM

 

 

So does Britannic (23814364) mean anything to you? perhaps pre Britannic ?

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi Andy

No it doesn't,

all of the paperwork lists them as original creditor.

 

I have just googled Britannica and looking at lots of entries,

it appears they bought all of Egg loans,

some time ago, so my guess is, its that. I

 

have got an old egg loan that I defaulted on years ago,

 

it was then passed to one or more DCA's and I was making payments but stopped as I just couldn't afford the amount they demanded.

 

Not sure how long ago this was but more than 3 years could be a year or more longer.

 

Not sure what my next move should be when I get the DQ.

 

I googled that too, and it will ask whether I will want mediation or go to court.

 

I have no idea if the amounts they say I owe are accurate,

and don't understand why they aren't giving me the associated paperwork/proof I've asked for.

 

Ta

Jax

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As you have already submitted your defence did you put them to strict proof ? When did you submit a defence I assume the matter is stayed at the moment?

We could do with some help from you.

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I submitted my defence on 2/12/13,

I haven't heard from the court that it's been stayed,

they said shoosmiths had 28 days to respond following the court sending them my defence, they responded on 3/1/14.

 

My defence was pretty rubbish as I didn't know what I was doing and was worried about not getting in on time.

 

Below is what I submitted :-(

 

I am fully defending this claim,

as I have no knowledge of any debt to Britannica recoveries and have had no financial dealings with this company.

 

After being contacted by Shoosmiths solicitors claiming a debt to this company ,

 

I wrote to them prior to court action being taken requesting proof in the form of a signed credit agreement,

they did not respond to my request.

 

After receiving legal papers from Northampton county court,

 

I sent on 8th November 2013, a CPR31.14 request again requesting a signed credit agreement

and any other relevant paperwork relating to their claim.

 

I received a letter dated 19th November 2013 stating that they have requested the documents from their client

and that they hoped to send them to me by 23rd December 2013.

 

The letter also stated that they are agreeable to providing me with an extension to file my defence,

to be submitted within 14 days of receiving the paperwork I requested

but as I have not had this confirmed by the court,

 

I felt it best to submit my defence within the original given time frame.

 

Pretty poor I know!

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Well CCBC have accepted the defence and processed it....in away you have put them to proof so wait now until the DQ arrives and we can take it from there.

 

 

Regards

 

 

Andy

We could do with some help from you.

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You must agree to mediation..the only time you refuse is if the debts paid or its not your debt.

We could do with some help from you.

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They do not have to supply any documents until the court directs them to.

 

REgards

 

Andy

We could do with some help from you.

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That you are unsure of the debt or whether the debt is even yours and have sought clarification with the claimant by way of a CPR request

to which the claimant has failed to respond.

 

So until such time the claimant can disclose I am not in a position to either accept or refute the claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 2 weeks later...

Hi Andy

I am filing in the DQ,

 

do I just send it to the court or do I send a copy to Shoosmiths as well,

 

it says send to CCBC by 3/2/14 and serve copies on all other parties,

 

which leads to my next question.

 

When reading other threads you advise not to sign but to print name on documents to creditors,

which I have done but the DQ asks for signature,

which presumably means Shoosmiths/Marlin will have a copy of this.

 

Any thoughts?

Regards

Jax

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