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

[Amethyst]

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

Super well done You are sounding so much more positive xx

[PAWS]

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

I'll fight these crooks all the way .. humanbean x

Go for it! :whoo:You are an inspiration!

[humanbean]

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

Hi All, HELP NEEDED

Upon going through my records of the County Court Claim I am defending against, I've noticed I've made an error communicating with Shoosmiths solicitors.

When I originally typed the CPR and CCA letters, I dated the letters 13th October. However, I wasn't able to send them till the 16th October. On 26th October, (when tired) I assumed I'd sent the letters the same day and emailed Shoosmiths to chase up the CPR.

I typed,'.. despite my letter 13 days ago dated 13/10/2015 ..'when I should have said,' .. despite my letter 10 days ago dated 13/10/2015 ..'.

Suffice to say, I wont make a mistake like this again. (I can see the value of dating and posting letters the same day!). Do I need to send an email to Shoosmiths advising them of my mistake so I can add it to my defence in due course?

Much Gratitude :thumb:
humanbean

[spirit2534]

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

No problem!! I see @Amethyst has answered.

You will surprised the number of times people send documents/letters to courts and elsewhere without keeping copies themselves.

nem

Just spotted this thread,so sorry if answer is late or has already been made.

I always keep a copy on computer of all, easy to say but perhaps difficult under stress.

[spirit2534]

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

Just remember to keep an eye on the date HB ... your defence (regardless of whether or not you get a reply to the cca and cpr) needs to be in on time - 33 days from date of issue on the claim form unless you get them to agree an extension :nod:

Glad your appt. went ok xx

Worth noting that people like Cabot rely on your failure on dates, replies. It's rather like a game of poker.

[Kati]

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

Hi All, HELP NEEDED

Upon going through my records of the County Court Claim I am defending against, I've noticed I've made an error communicating with Shoosmiths solicitors.

When I originally typed the CPR and CCA letters, I dated the letters 13th October. However, I wasn't able to send them till the 16th October. On 26th October, (when tired) I assumed I'd sent the letters the same day and emailed Shoosmiths to chase up the CPR.

I typed,'.. despite my letter 13 days ago dated 13/10/2015 ..'when I should have said,' .. despite my letter 10 days ago dated 13/10/2015 ..'.

Suffice to say, I wont make a mistake like this again. (I can see the value of dating and posting letters the same day!). Do I need to send an email to Shoosmiths advising them of my mistake so I can add it to my defence in due course?

Much Gratitude :thumb:
humanbean

I doubt it will make much difference in the long run HB (you could have been referring to the DATE of the letter not when it was sent )

[humanbean]

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

Hi All,
my apologies I've been away a little while.
I fell down the stairs . It wasn't too bad, just lost my footing on the bottom half as going down, so now have a badly swollen bruised foot on top of everything else :rain:. Life is a bit of a balancing act at present and I'm not doing too well.. :violin:Oh well, enough with the violins, nothing to do but battle onwards and hopefully (eventually!!) upwards.
On the 26th October I received a letter from Cabot regarding my request for information under sections 77-79 of the Consumer Credit Act 1974 ( My CCA Request). I've copied it out below:
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

26 October 2015

Dear Mr H Bean

RE: Bank of Scotland (aqua card) Credit Card - 1234567890987766 - £6,200

Thank you for your request for information under sections 77 - 79 of the Consumer Credit Act 1974.

We currently do not have this information on file. However, we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those limits, we will write to you again.

If you have any queries, please contact me on the above telephone number.

Yours sincerely

Rebecca Sieber
Customer Support Consultant

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Hi again ALL,

upon first reading this letter I was shocked that, somehow, (magically it seems) Cabot has managed in the space of one and a half months to increase the money they say I owe them from £5,500 to nearly £6,200! :eek2: To me that's further evidence this is an absolute sham. This debt was only £2200 approx. when I lost control 5+ years ago.

RANT: They talk about 'lending' people money. I know for a fact they don't have the money until people create it with their own signatures! In this country a debt is supposed to be unenforceable if the lender can't prove they had something of value to give. How can they prove they loaned me something of theirs of value if I created the money myself with my own signature?! They had jack-shit before I turned up! They didn't create the money, or have the money prior to my appearance. They don't have an account full of money ready to loan people, I created it from a seemingly endless supply of fractional reserve banking funds, which Cabot had NO ACCESS to until I turned up! ! :mad2: TYRANNY

Back to the letter,

what is this it says about the 12 day limit to provide information?
Also the bit where they say 'we will be able to provide this within 40 days'? ANY FEEDBACK WOULD BE APPRECIATED.

Also, I would like to ask, is their hopeful inability to provide CPR & CCA documents my only chance of escape from the certainty of bailiffs on my doorstep?

Thank you all you :hail: hero's for all for your ongoing help!
human bean

[Amethyst]

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

Did you get the email about the extension and did you inform the court?

(and sorry to hear about your foot !!! )

[humanbean]

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

Amethyst wrote:

Did you get the email about the extension and did you inform the court?

(and sorry to hear about your foot !!! )

Thank you Amethyst for your kind words.
In answer to your questions, yes I received a letter from Shoosmiths stating that I have been granted an extension until the 6th December.

Also I emailed the Court (ccbcdefendants@hmcts.gsi.gov.uk) see below ..

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

SUBJECT: Court claim B9BA1A9J Cabot Financial (UK) Limited v ME

To the Manager of the court,


I'm sure Shoosmiths have informed you of this information, but just in case this is just a quick email to inform the Court that Shoosmiths have granted me an extension till 6th December so I can file my defence. As of yet I have been served no paperwork.
I have requested ( CCA & CPR documents).


Yours faithfully.
Mr. Andrew J Taylor

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


I would like to ask, is their hopeful inability to provide CPR & CCA documents my only chance of escape from the certainty of bailiffs on my doorstep?

much gratitude
human bean ainkiller:

[Amethyst]

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

Ahh phew, just checking

And no, if they produce perfect CPR and CCA documents then you have the option to either negotiate a settlement by installment with the claimants under a consent order, OR make an offer to pay through the court. So bailiffs are a billion light years away, you only get those if you ignore court paperwork xxx

[humanbean]

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

Hi Amethyst (and ALL),
I'd also like to add. Shoosmiths told me there was no need for me to inform the court, that they would do it. I informed the court anyway (just to be sure!)

Also, I may have messed up a bit here. I didn't inform them until Friday 6th November. My deadline was Sunday 8th November! I'm hoping I didn't leave it too late to inform them! Basically I had Shoosmiths assurance (not in writing!) that they would inform the courts in the back of my mind, but had a mind to do it myself anyway, but then I forgot until the Friday.

What do you think?

bean:confused2:

[humanbean]

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

Hi Amethyst (and ALL),

I'd also like to add.

Shoosmiths told me there was no need for me to inform the court, that they would do it. I informed the court anyway (just to be sure!)

Also, I may have messed up a bit here. I didn't inform them until Friday 6th November. My deadline was Sunday 8th November! I'm hoping I didn't leave it too late to inform them! Basically I had Shoosmiths assurance (not in writing!) that they would inform the courts in the back of my mind, but had a mind to do it myself anyway, but then I forgot until the Friday.

What do you think?

bean:confused2:

[humanbean]

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

Hi ALL,

I know I messed up with credit with this years ago, so I have to take responsibility, which I am doing. But I hate this nasty aggressive system we live in where people are preyed upon by these companies/ the system. As regards credit, it seems to me people are encouraged aggressively to fail.

What do people think about Cabot increasing the money they say I owe them from £5500 to £6,200 in 6 weeks? :fear:
It was only £2,200 when I lost control 5 and a half years ago.

I'm disabled and on a very low income. I have to pay £275 a month out of the DLA money I'm supposed to live on to pay the housing benefit shortfall for the property I have to live at because of my severe electromagnetic hypersensitivity. Its a rare very low exposure home. I have to stay here or I get ill, but its very expensive rent and therefore I'm forced to try to live on what's left ..
I was made to go through a microwave scanner at the airport recently and ten minutes later I lost consciousness for 4 hours on the plane (then was very ill afterwards-my body purged everything), so my electromagnetic hypersensitivity is very serious.

I've also got a severe spinal condition, I have so much metalwork in my back holding everything together and nothing in my body works. plumbing, constant pain etc.
The last thing I need are these :censored: on my back with a £700 hike in 6 weeks!
How can they rack it up by £700 in 6 weeks? :confused2:

Its getting to be such a large amount, it may as well be £50,000, I'll never be able to pay it.

pissed off bean :sad:

P.S
I currently have an extension .. I hope! until 6th December for my County Court Hearing. I do hope they cant find the CCA & CPR documents ..

[Amethyst]

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

Is the £6200 the £5500 debt plus court and solicitors fees ? ( ie what is the amount claimed on the bottom of the claim form?)

[humanbean]

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

Is the £6200 the £5500 debt plus court and solicitors fees ? ( ie what is the amount claimed on the bottom of the claim form?)

I'll check it out. Thanks Amethyst :okay:

On 6th October the amount claimed on the Claim Form is £5642.87

And lately I received a letter from Cabot, (see below)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

~26 October 2015

Dear Mr H Bean

RE: Bank of Scotland (aqua card) Credit Card - 1234567890987766 - £6,152.87

Thank you for your request for information under sections 77 - 79 of the Consumer Credit Act 1974.

We currently do not have this information on file. However, we have requested the relevant details, which will include a copy of the credit agreement, statement of account and original and varied terms and conditions from the original lender.

What happens next?

We acknowledge the 12 day time limit to provide this information before the account becomes unenforceable, however as we have to request the details from the original lender we anticipate that we will be able to provide this within 40 days. In the unlikely event we are unable to obtain this information within those limits, we will write to you again.

If you have any queries, please contact me on the above telephone number.

Yours sincerely

Rebecca Sieber
Customer Support Consultant

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

So between 6th October and 26th October they've increased the money they say I owe them from £5642.87 to ££6,152.87, that's an increase of £510 in 20 days ! (sorry, not £700, but still a lot of money). How could they have grounds for increasing this debt by over £500 in just 20 days? :ballchain:

human bean :ohwell: