WON!!!!! Northampton County Court Claim causing insomnia, please help!

[humanbean]

Hi All,
I'm currently trying to get my head around a pain in the ass Northampton County Court Claim for 5,500 quid on a rip off credit card. The Claimant being Cabot and the solicitors are Shoosmiths. I'm sorry, I hate to 'dis' companies unnecessarily, but aren't Cabot awful? Thank God .. and you all, for this wonderful site! I'm getting the idea of what to do after looking through this informative mega-site.. but I have a small (maybe even daft) question. When I acknowledge service, which I know I must do within the next 15 days, which box do I tick? I'm guessing its 1. 'I intend to defend all of this claim'. Am I correct?
My debt isn't old enough to be SB'd, and with my basic grasp of what people are doing I'm guessing I need to send a CCA to Cabot and a CPR to Shoosmiths?

Would some kind person confirm whether I am correct, if not then a little guidance would be appreciated. Cant wait to get on to the next stage :tinysmile_grin_t:Many thanks.
humanbean

[Amethyst]

Re: Northampton County Court Claim causing insomnia, please help with simple question

1. 'I intend to defend all of this claim'. - Yes that's right.


I'm guessing I need to send a CCA to Cabot and a CPR to Shoosmiths? - yes, exactly right too

The CPR should only ask for documents mentioned in the statement of case ( particulars of claim on the front of the form)

after a sleepless night you do actually sound quite excited to be getting on with sorting this out now. xx Have you found the guide ok? http://www.legalbeagles.info/forums/...it-Court-Claim

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Amethyst, thank you very much for your help! Its good I'm on the right track .. great website!
In answer to your question, I did brush past the guide and in am sure I will pour over it (hopefully not into the late hours again (that's what stress does to me..insomnia and pulling 'all nighters').
Also, I think its worth me saying I did the 3 letter thing in March and April 2010 asking for Validation of the debt, Verification of the claim and a copy of the contract signed by both parties. I have proof of postage for all 3 letters. So I suppose in theory I have a lawfull tacit agreement in place with Bank Of Scotland (SAV) AQUACARD, although they aren't taking much notice of it. Will the 3 letter thing be useful at some point? I'm guessing 'Yes' this whole case hangs on the key points I've just mentioned. I bet the CCA and/ or CPR bring/s them up again.. (I haven't looked. Honest. I really haven't)So, do you think It is helpful that I did the 3 letter thing back in 2010?
humanbean

[Amethyst]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Uhoh.... lol. Don't worry, just put the GOODF rubbish behind you and hope it isn't bought up ever again. No it won't be useful, ever in the history (future) of the universe.

So I suppose in theory I have a lawfull tacit agreement in place with Bank Of Scotland (SAV) AQUACARD, although they aren't taking much notice of it.

Not suprised, that'll be because it is utter ballhooks xxx

[Amethyst]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Oh and never sign any letters, especially to do with court, with any such 'human of the family bean' etc stuff, just sign your name, like a normal person xx ( nb. you never know when people have done three letter processes how much tosh they've picked up so that's a just in case warning.)

[Celestine]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Definitely put ALL 'getoutofdebtfree' nonsense behind your defensive approach. I know first hand from litigating against debt purchasers like Cabot and Lowell, just how much mirth and amusement the 3 step letters give them.

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi Amethyst, thank you very much for your help! Its good I'm on the right track .. great website!
In answer to your question, I did brush past the guide and in am sure I will pour over it (hopefully not into the late hours again (that's what stress does to me..insomnia and pulling 'all nighters').
Also, I think its worth me saying I did the 3 letter thing in March and April 2010 asking for Validation of the debt, Verification of the claim and a copy of the contract signed by both parties. I have proof of postage for all 3 letters. So I suppose in theory I have a lawfull tacit agreement in place with Bank Of Scotland (SAV) AQUACARD, although they aren't taking much notice of it. Will the 3 letter thing be useful at some point? I'm guessing 'Yes'

To be brutally honest, it's probably best not to mention the three letter process now it's gone to court. It's just as well it was that long ago because if you sent the letters to the bank, they're not likely to have passed them on to Cabot when the account was sold as accounts are sold in bulk without paperwork and they will now struggle to dig up or reconstruct your agreement, let alone any letters you sent back in 2010. :thumb: :grin:

Although a lot of people claim to have got shot of their debts by following this process, that's purely because creditors can't be bothered arguing it and instead just choose to pass it on and move on to easier prey. The FMOTL principles those letters are based on are frowned upon by the courts so best to just start anew with a fresh CCA and CPR requests.

this whole case hangs on the key points I've just mentioned. I bet the CCA and/ or CPR bring/s them up again.. (I haven't looked. Honest. I really haven't)

Yes, only in a much more suitable manner and using wording based on statute law and the Civil Procedure Rules. :thumb:

So, do you think It is helpful that I did the 3 letter thing back in 2010?
humanbean

Hard to tell at this stage whether it was helpful in holding off action for this long or not, however, it would really be best not to mention the three letter process any further. :tape: :tape2: Just stick to the process outlined by Amethyst and forget everything you heard about the three letters.

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi All,
I'm currently trying to get my head around a pain in the ass Northampton County Court Claim for 5,500 quid on a rip off credit card. The Claimant being Cabot and the solicitors are Shoosmiths. I'm sorry, I hate to 'dis' companies unnecessarily, but aren't Cabot awful?
humanbean

They are more than awful! They seem to have been up to no good recently and operating without the necessary license. :mmph:

It would be useful if you could check on your claim form, who is shown as the claimant's name, is it Cabot Financial (UK) Limited?

It would also help if you could scan or type up the particulars of the claim when you have a moment. :typing:

[Berniethebolt]

Re: Northampton County Court Claim causing insomnia, please help with simple question

I know how appealing the 3 letter process sounds and of course the claim success after success, usually when a debt is passed from one DCA to another. It is rare that people return and say 'look you lot this doesn't work i have a claim' .

There is one guy over there who tries but even he gets it wrong , you are in the right place here and will get plenty of help. These first steps are really a paice of cake, acknowledfge, CCA request and CPR.

Don't forget to keep an eye on the calendar for getting your defence in although that is a few weeks away.

I would get the acknowledgement in now. No benefit in waiting

[Nibbler]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Also, I think its worth me saying I did the 3 letter thing in March and April 2010 asking for Validation of the debt, Verification of the claim and a copy of the contract signed by both parties. I have proof of postage for all 3 letters. So I suppose in theory I have a lawfull tacit agreement in place with Bank Of Scotland (SAV) AQUACARD

No you don't, as the 3 letter process is legally complete nonsense.

Plausible nonsense if you don't have any reason to know better, but nonsense all the same with no real legal standing.

Not suprised, that'll be because it is utter ballhooks xxx

Could not agree more

[Amethyst]

Re: Northampton County Court Claim causing insomnia, please help with simple question

lol, [MENTION=73136]humanbean[/MENTION], I'm betting you wish you hadn't mentioned it now, as you can see, we don't really agree with it on here xxx Don't let it sidetrack you too much, get on with the CCA and CPR requests, and if you get chance, type out the particulars of claim for us xxx

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Thanks, that's very worrying. Can you believe I was actually starting to feel a little confident? Its also interesting how moving around CyberLand broadens the mind! (A wise man knows he is a fool):tinysmile_hmm_t2: Thank you for your feedback !!
I assume there is a winning way forward .. (I'll go to any lengths to get these off my back)
humanbean

[Amethyst]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Don't worry, just don't bring up the three letter process in dealings with the court. They'll just have been chucked in the bin anyway so doubt they will have any affect whatsoever xxx Clean slate

[humanbean]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi, yes it is Cabot Financial Limited. I'll certainly type the particulars when able .. no scanner at present (sorry)

- - - Updated - - -

* Missed out (UK) !!

[FlamingParrot]

Re: Northampton County Court Claim causing insomnia, please help with simple question

Hi, yes it is Cabot Financial Limited. I'll certainly type the particulars when able .. no scanner at present (sorry)

* Missed out (UK) !!

Ah, well, in that case, do take a look at this thread: http://www.legalbeagles.info/forums/...537#post581522 :grin: