Cabot/Shoesmiths claimform - Old Cat debt

[mitsy]

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.

[AndyOrch]

I quickly acknowledged the claim on sat 23rd. Has she run out of time to handle the claim.

 

25th was your deadline to acknowledge service and no not too late...you now have a further 14 days to set your stall out.(defence)

 

Andy

[mitsy]

I quickly acknowledged the claim on sat 23rd. Has she run out of time to handle the claim.

 

25th was your deadline to acknowledge service and no not too late...you now have a further 14 days to set your stall out.(defence)

 

Andy

 

Thanks Andy, should I just send a CCA request to Shoosmiths

[AndyOrch]

No CCA goes to the Claimant and a CPR 31.14 to the Solicitor.

[mitsy]

No CCA goes to the Claimant and a CPR 31.14 to the Solicitor.

 

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

[shamrocker]

What's your deadline to submit defence?

[dx100uk]

that's an old embarrassed defence

not really the best to submit

 

just type claimform cat debt

into the search cag box of the red toolbar up top

 

due by 4pm monday

[mitsy]

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.

[AndyOrch]

[mitsy]

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

Edited June 9, 2017 by Andyorch
Link removed..account number still visiable

[dx100uk]

pop it up as a PDF

follow the upload

claims well stayed so don't panic

 

 

dx

[mitsy]

pop it up as a PDF

follow the upload

claims well stayed so don't panic

 

 

dx

 

Thanks dx, I think I need to be in a pc to do this.

[AndyOrch]

Link removed mitsy...account number still showing..please redact all identifiable details before uploading documents.

 

Andy

[mitsy]

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.

[dx100uk]

tough on them

claim is stayed

if they wanna risk its enforceable

let them pay the fee..

 

 

can you scan this stuff and the last lot up to ONE multipage PDF please