Lloyds/Shoos 1a claim - Credit Card debt to at old address***Claim Discontinued***

[eastlondoner]

Hi everyone, haven't been on here for a while but wondered if anyone could lend an ear to this;

 

I defaulted on a Lloyds Credit Card 3 years ago;

it was linked to my bank account and I have never tried to hide my address from Lloyds,

and still use the current account.

 

I became a student again for a while and didn't hear anything about the card,

until recently when I became aware that Cabot were chasing me at an old address.

 

I've since received a forwarded letter sent to my old address from Shoosmiths,

giving me 14 days to reach settlement before taking action,

but the 14 days had expired by the time I received the letter.

I have now asked for all letters to my old address to be forwarded to me.

 

I would actually like to sort out the debt and reach a full and final settlement,

and really don't want to get the CCJ;

 

I wrote to Cabot and asked them to write to me at my new address;

which they should have been supplied by the OC anyway,

and have heard nothing.

 

What is the general opinion on this;

should I try and CCA Cabot now, or wait for the CCJ

and apply to have it struck out?

 

I don't want to confuse things further, but do want it sorted.

[AndyOrch]

Hi eastlondoner

 

It would appear this letter from Shoos sent out a week after the drafted date is doing the rounds ...we have quite a few threads stating the same...so obviously a template on mass scale.

 

CCA Caboot now.

 

Regards

 

Andy

[eastlondoner]

Thanks Andy.

 

I CCA'd Cabot immediately after this, using the template and enclosing a blank postal order for £1.00.

This was returned two days later with a handwritten note and my original letter,

saying that it could not be accepted unless made out to Cabot Financial.

 

Meanwhile, on the same day, Shoosmiths served court papers to my old address.

I have returned a crossed postal order again citing my current address.

 

Just to reiterate, the OC has always been aware of my current address via my current account,

and I have never tried to hide;

I had no response to my letter dated before Christmas

asking for Cabot to contact me at my current address rather than the old address.

 

I'm reading through as many other threads as I can, but not really sure what to do now,

or which address to use. I have just started my own business and really don't want the CCJ.

 

I should also say that the debt would've been taken out under English law and I am now residing in Scotland-not sure how this may affect the process and I don't want to get anything wrong.

Would really appreciate any input.

 

Best, EL

[renegadeimp]

They refused your CCA request because they know damn well they don't have the paperwork, so they think they can rush through a judgement before you realise

[eastlondoner]

Yes, thats what I suspected Renegadeimp, although I'm still not sure how to proceed with it. Old address is a family member and I really don't want them having to deal with/worry about it.

[eastlondoner]

I'm just posting the info from the claim form that was sent to me at my old address,

in the hope that someboy might be able to give me some advice regarding a defence

- bearing in mind that I wrote to Cabot before Christmas asking for them to contact me

at my current address in the first instance, and they sent my postal order

and reponse to first CCA request back to my current address.

Many thanks in advance for your help (and for running this fantastic site).

 

CLAIM FORM RECEIVED ** In Scotland **

 

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

Sheriff Court

Statement of Claim

 

The parties are designed in the instance. The named defender resides at xxxx Not my address xxxx. The defender has been so resident for more than three months immediately preceeding the raising of this action. The defender is domiciled there. The court accordingly has jurisdiction. There are no proceedings pending before any other court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another court.

 

The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Lloyds Banking Group dated xxxx 2014 xxxx the pursuer acquired the right to payment in respect of all debtsand other monetary claimsof any nature due or owing by the defenders to Lloyds Banking Group which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation.

 

The said contract between Lloyds Banking Group and the defender is dated xxxxx 2007and relates to Credit Card agreement with the account number xxxxxx. The said account is in default and and the sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £3100.00 conform to a copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer.

 

The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.

What type of action? Summary Cause

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

 

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 ? No

 

Why did you cease payments:- Spring 2012

 

Was there a dispute with the original creditor that remains unresolved? No although there are charges on the account

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[AndyOrch]

Moving your thread to the Scottish Forum also...as the claim as been issued under Scottish process.

 

Regards

 

Andy

[eastlondoner]

Anyone got any experience with defending a Summary Cause?

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant-(1-Viewing)-nbsp

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

[eastlondoner]

Thanks Andy, yes I've read through the links.

I'm going to defend it on the basis of wrong address when my correct address was available and no paperwork.

 

Cabot have still not responded to my request last year to write to me at my actual address.

I would be happy to leave this and go for a set aside later,

but do not have £150.00 to spend on it.

Thanks for your help so far.

[AndyOrch]

Cheaper and easier to defend/ deal with it now...set a sides are not guaranteed.

[eastlondoner]

I'm just writing my defence for this, which has to be in by the end of the week.

 

Defence so far is on jurisdiction of the court / incorrect address, and I have also received a letter back from Cabot, unsurprisingly saying they do not have my agreement and that they will cease collection activity on the account until they find it.

 

I've been using the excellent information on Deimosboy's thread, but am slightly concerned about the expenses part; on a summary cause these don't seem to be limited and I am worried about how much the claim against me could be if I lose?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447573-Summary-Cause-Summons-from-Cabot-clydesdale-loan-**dismissed**&highlight=Deimosboy%27s

[AndyOrch]

Hi East

 

As your claim is a lot less than the above thread and in small claims rules section...costs are limited to the claimant...as is your exposure.

 

https://www.scotcourts.gov.uk/taking-action/small-claims

 

Regards

 

Andy

[eastlondoner]

Thanks for that Andy, so the small claims expenses rules still apply for a Summary Clause?

 

There wasn't any mention of them in the Summary Cause guidance notes; sorry to be annoying!

[AndyOrch]

http://www.journalonline.co.uk/Magazine/47-4/1000091.aspx

[eastlondoner]

Thanks Andy, that's a really useful read. Much appreciated.

[eastlondoner]

Just to update the thread;

 

The court experience was not what I was expecting

- I have accompanied someone else to a similar hearing to provide moral support in the past, which was in a small room with only the Sheriff present

- on this occasion it was in a full court, in front of four solicitors and other defenders.

I was extremely nervous, and probably did not make my points as clearly as I would have liked.

 

I explained the scenario, including that Cabot had launched an action to my old address whilst being aware of my current address, and the lack of documents.

 

I produced the letter I received from Cabot stating that they did not have the agreement and had requested it from the creditor,

but the pursuing solicitor argued that because Cabot had requested it from the original creditor they deserved more time to retrieve it.

The Sheriff gave Cabot another 8 weeks to find the agreement and gave another date for the next hearing.

 

I tried to make the point that launching an action without being able to ascertain whether or not there existed a claim in law was not my understanding of court procedure, but the Sheriff said all he could do was adjourn it or send it to a proof hearing, although she did tell me I was doing the right thing by defending the claim.

 

I am a bit disappointed to be honest,

more so because the court is over four hours journey from my actual address, and clearly does not have jurisdiction over my case.

 

After we had stood down the Sheriff and the Clerk were examining the copies of the letters I gave and mentioned jurisdiction to the pursuing solicitor but this was after the next hearing had already been called.

 

I was told there was a process for getting the case transferred but that I should call the pursuing solicitors to find out about it - all seemed very vague.

 

Not really sure where to go from here,

and to cap it off,

I lost my job last week which puts a whole new slant on things.

 

I may not be able to afford to get to the next hearing as it stands.

[AndyOrch]

Sounds like they may have been discussing whether they had jurisdiction to continue Easty...if the next hearing is solely reliable on the disclosure of documents I would be checking and waiting to see if they complied before making that journey.

 

Andy

[eastlondoner]

Hypothetical question ... With the hearing imminent and no agreement, if the solicitors attempt to arrange a dismissal as long as expenses are not claimed, should I take it or have the moment in court?

[AndyOrch]

Let them dismiss it..what have you to gain by a day in court?

[IdaInFife]

How long you been resident in scotland?

 

If over 3 months a quick jurisdiction dispute would have quashed it

[eastlondoner]

Just to update this thread; a few days before the hearing, Shoosmiths contacted me and agreed to drop the claim under the proviso that I did not make a counter claim. I accepted and haven't heard anything back as yet. 6 months until SB. I fully expect more twists in the tale.

 

Many thanks for all help on this thread. Sorry for late update.

[AndyOrch]

Well done Eastlondener and many thanks for the conclusion......thread title amended to reflect the outcome.

 

Regards

 

Andy