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  • STAYED CLAIM

    Debt claim that has been stayed with court since Feb 2015. Shoesmith solicitors now started communication. First letter advising that a lesser amount would be accepted. Second letter enclosing photocopy of credit agreement.

  • #2
    Diana Mayhew Joanna Connolly

    Ive tagged in our solicitors as they'll be able to advise best course of action. Sit tight and await some replies / questions.

    Can you tell us more about the debt / claim (but be generic - don't give away your personal details)...
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Forgot to mention debt was 2002. So unsure if the document they have produced is enforceable.

      Comment


      • #4
        Originally posted by katwashere View Post
        Debt claim that has been stayed with court since Feb 2015. Shoesmith solicitors now started communication. First letter advising that a lesser amount would be accepted. Second letter enclosing photocopy of credit agreement.
        Hello

        If Shoosmiths have sent you a photocopy of the credit agreement that suggests the claim has been stayed after you filed your Defence pleading that they hadn't complied with your s 77-79 CCA Request.

        The question is exactly what have they now produced and does it cut the mustard.

        Who is the Claimant such as Cabot or Arrow, and who was the original creditor?

        Was it a loan or a credit card and how much is being claimed?

        No need to go into details at this stage but does that second letter threaten that they'll make an Application to the court to lift the stay and continue with the proceedings now that they've located or reconstituted the credit agreement?

        Di
        Last edited by Joanna Connolly Solicitors; 20 August 2017, 19:33. Reason: typo :)

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        • #5
          I have sent you a personal message.

          Many thanks

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          • #6
            No second letter asking for repayment plan along with the application/credit agreement copy

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            • #7
              A further letter received today from Shoesmith
              disappointed that I had not responded to previous letter
              final opportunity to resolve amicably and accept liability and offer payment
              14 days to reply
              no alternative but to seek instruction from client for application for summary judgement
              should an application be necessary will have to pay clients costs

              if this claim already been to,the court and stayed. Can they do this

              i am still trying to establish if the agreement they sent is enforceable

              any advice as to how or if I should respond at this stage
              Do I need to engage a solicitor

              Thanks

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              • #8
                Originally posted by katwashere View Post
                A further letter received today from Shoesmith
                disappointed that I had not responded to previous letter
                final opportunity to resolve amicably and accept liability and offer payment
                14 days to reply
                no alternative but to seek instruction from client for application for summary judgement
                should an application be necessary will have to pay clients costs

                if this claim already been to,the court and stayed. Can they do this

                i am still trying to establish if the agreement they sent is enforceable

                any advice as to how or if I should respond at this stage
                Do I need to engage a solicitor

                Thanks
                Have you sent the agreement to Niddy for an opinion as to enforceability? If not you should do that straight away, then you will have a better idea of where you stand.

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                • #9
                  I sent it to Di. Not heard back. I am still trying to find my way round the website.. Not sure how to send it to him. I have subscribed to AAD+.

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                  • #10
                    I would send it to Niddy too, in the meantime.

                    webmaster@all-about-debt.co.uk

                    Head the email 'katwashere's agreement' and include a link to this thread, and don't blank anything out on the agreement.

                    You could also send a follow up email to Di, as she may have been busy.

                    Comment


                    • #11
                      I can certainly email it. Not sure how to do a link to this thread mind
                      thanks for your advice

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                      • #12
                        Originally posted by katwashere View Post
                        I can certainly email it. Not sure how to do a link to this thread mind
                        thanks for your advice
                        While you are on this thread, copy the link from the address bar of your browser, then paste it into your email.

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                        • #13
                          Thanks. I have emailed it to Niddy. Fingers crossed.

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                          • #14
                            Thanks. I have emailed it to Niddy. Fingers crossed.

                            Comment


                            • #15
                              Thanks. I have emailed it to Niddy. Fingers crossed.

                              Comment

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