Hello - Claim Form received from Northampton CC Business Centre

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=87380]Diana M[/MENTION],

With your response showing a light on their behaviour, this seems as though it is leaning towards their having a weakened position, at least initially.

My letter obviously reached their office where it was opened and read.

At this point, I feel strongly to not only re-send my original letter/request, but also to inform them that they are contravening The Communications Act 2000 Part II Facilitation of electronic commerce, data storage, etc c.7 (s.7). Section 7 of the act involves the following:


7.—(1) In any legal proceedings—
(a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and
(b) the certification by any person of such a signature, shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

(2) For the purposes of this section an electronic signature is so much of anything in electronic form as—
(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

(3) For the purposes of this section an electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—
(a) the signature,
(b) a means of producing, communicating or verifying the signature, or
(c) a procedure applied to the signature, is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

What would you advise?

Thanks in advance.

Rgds,
HS.

- - - Updated - - -

Hi [MENTION=5553]charitynjw[/MENTION]


Out of interest to use the strip, is it placed on the letter and then an e-sig is pasted onto it (before printing)?
Or is it placed on an A4 letter which is then printed and the signature is written on it?

Regards,
HS.

[charitynjw]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @Diana M,

With your response showing a light on their behaviour, this seems as though it is leaning towards their having a weakened position, at least initially.

My letter obviously reached their office where it was opened and read.

At this point, I feel strongly to not only re-send my original letter/request, but also to inform them that they are contravening The Communications Act 2000 Part II Facilitation of electronic commerce, data storage, etc c.7 (s.7). Section 7 of the act involves the following:


7.—(1) In any legal proceedings—
(a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and
(b) the certification by any person of such a signature, shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

(2) For the purposes of this section an electronic signature is so much of anything in electronic form as—
(a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

(3) For the purposes of this section an electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—
(a) the signature,
(b) a means of producing, communicating or verifying the signature, or
(c) a procedure applied to the signature, is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

What would you advise?

Thanks in advance.

Rgds,
HS.
I did (eventually) respond to this on your other thread.
I can't see how the quoted legislation is applicable to a letter sent via land mail.

- - - Updated - - -

Hi @charitynjw


Out of interest to use the strip, is it placed on the letter and then an e-sig is pasted onto it (before printing)?
Or is it placed on an A4 letter which is then printed and the signature is written on it?
I usually do the latter.

Regards,
HS.

####

[Diana M]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi @Diana M,

With your response showing a light on their behaviour, this seems as though it is leaning towards their having a weakened position, at least initially.

My letter obviously reached their office where it was opened and read.

At this point, I feel strongly to not only re-send my original letter/request, but also to inform them that they are contravening The Communications Act 2000 Part II Facilitation of electronic commerce, data storage, etc c.7 (s.7).

I think you're overthinking.

My post did not imply that they may feel their position is weakened. In fact quite the opposite.

I was trying to say (politely) that I expect that they took your request for a Discontinuance with a pinch of salt since such a request coming from a LIP for a £9k claim was likely to have been water off a duck's back to a firm of solicitors.

If you want to go on the attack accusing them of all sorts of stuff then be prepared for them to redouble their efforts to pursue you for this claim.

Just my thoughts on the psychology of managing a claim

Di

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi charity,

Maybe the land mail aspect is the difference.
I don't know. I just wanted to point out the act and what it stood for.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Just my thoughts on the psychology of managing a claim

Di

Hi Diana M,
I see...I've taken on board your response. Thank you! :tinysmile_grin_t:

[Quible]

Re: Hello - Claim Form received from Northampton CC Business Centre

whats the latest

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hi [MENTION=73376]Quible[/MENTION]


The sols have deliberately ignored my CPR letter.


The bank, however, have been very co-operative with my SAR.
I'm still awaiting receipt of requested info.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hello,

I hope that you are all well?

It's been quiet with my situation since my last posting in March 2017.

I received a letter from the Sols at the end of last week, Jan 2018. It includes:

1. Sols's cover letter
2. Notice of Assignment from Cabot (from BoS)
3. Copy of Cabot's "Our Approach" letter (which looks constructed)
4. Assignment letter from BoS to Cabot

I am currently redacting the pages and will upload them as soon as I can.

In the cover letter, the Sol's have stated the following:

i. they are awaiting further info from their client to send to me
ii. they are requesting that I "may wish to consider withdrawing my defence"
iii. "alternatively to putting forward settlement proposals in order to resolve this matter amicably".

They have given me 14 days to respond to their letter by contacting their office.

I think that's a bit of a cheek considering the timeframe of the claim form (Dec 2015) where it has taken for them to send the information, which is still ongoing.

I also received my SAR from the bank with a very courteous cover letter.

I welcome your help in knowing what are my next steps?

Thank you in advance.


Rgds,
Helpseeker02

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hello

@Diana M

@charitynjw

@nemesis45

For more information, please see the attachments as per my previous post:

1. Sols's cover letter
2. Notice of Assignment from Cabot (from BoS)
3. Copy of Cabot's "Our Approach" letter (which looks constructed)
4. Assignment letter from BoS to Cabot

kind regards,
HS02.

[Helpseeker02]

Re: Hello - Claim Form received from Northampton CC Business Centre

Hello,

Can anyone help me, please?

Rgds,
HS.

[Helpseeker02]

@Diana M
@charitynjw@nemesis45

To whom it may concern ~ this is extremely frustrating!

I am not sure what has happened to this site whereby a genuine request(s) for help by a member is being completely unattended.

if changes have happened with how and where Moderators/Admins etc operate, then at least please guide me to the appropriate place/link.

[Amethyst]

I'm reading back xx Sorry, been a little snowed under with the site changes. Give me ten ok

[Amethyst]

Is " b. a one page photocopy of the c/c application " ( that is illegible) all you have in regards to the agreement ? I can't see a copy on here, is it posted?

This has been stayed at court for over 2 years ?

In their letter they don't threaten to apply to court to lift the stay/apply for summary judgment - only that they are still waiting for documentation.

I see you did consider applying for a strike out/ summary judgment before but the cost was restrictive. It's even more restrictive now I'm afraid the application fee has gone up to £255.

Until the case is discontinued/withdrawn or struck out it can keep coming back.

[Helpseeker02]

I'm reading back xx Sorry, been a little snowed under with the site changes. Give me ten ok

Hi Amethyst,

Thank you very much.
I absolutely understand and appreciate your attention.

[Helpseeker02]

Hi Amethyst,

Yes. To date the one page photocopy is all that was sent to me.

Yes, stayed at court to date.

Yes, that's right (awaiting documentation).

Until the case is discontinued/withdrawn or struck out it can keep coming back.

That's not good. So does that mean that I am in a "stuck/limbo" position?

Regards,
HS02.