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

[humanbean]

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

Thanks everyone so much. I've produced all the paperwork and will send it off 1st think tom. Then its off to the demanding hospital apt in London to hopefully score big there. Thanks everyone. I will catch up with you in 2-3 days when I'm back!!
The bean xx

[FlamingParrot]

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

Thanks everyone so much. I've produced all the paperwork and will send it off 1st think tom. Then its off to the demanding hospital apt in London to hopefully score big there. Thanks everyone. I will catch up with you in 2-3 days when I'm back!!
The bean xx

Well done :clap2: and best of luck at the hospital. ray: ray: ray:

[nemesis45]

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

Good luck!!

nem

[Celestine]

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

Good Luck Bean - I'm really glad you got this sorted ahead of your hospital appointment. Now you can just deal with that knowing you've dealt with the immediate issues. xx

[humanbean]

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

Hi everyone,
I've been back from hospital since late Friday, I'm totally shattered from the mammoth workload (for me) of responding to Cabot's Court Claim and not bottling the super important London outpatients appointment I attended from York (with a 3 day stay). Due to my current health I'll have to keep this update short.
Thought I'd let you know I ended up sending the CCA & CPR Requests (incl. £1 Postal Order) by 'signed for postage' on Friday the 16th (instead of Wednesday the 14th). I have copies for my records obviously, also.
I'm pretty certain I did everything right and am now awaiting some sort of reply. I'm hoping obviously they don't have the relevant paperwork!
I'll keep you all posted ASAP on developments .. and thank you again so much for all the help!

I'm trying to keep it simple as I don't have much energy, but If there's anything further at this point I need to know I'm all ears!
Thanks
humanbean:tinysmile_grin_t:

[Kati]

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

[FlamingParrot]

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

Hi everyone,
I've been back from hospital since late Friday, I'm totally shattered from the mammoth workload (for me) of responding to Cabot's Court Claim and not bottling the super important London outpatients appointment I attended from York (with a 3 day stay). Due to my current health I'll have to keep this update short.
Thought I'd let you know I ended up sending the CCA & CPR Requests (incl. £1 Postal Order) by 'signed for postage' on Friday the 16th (instead of Wednesday the 14th). I have copies for my records obviously, also.

Hi

No worries, you should be fine sending them on Friday. :thumb:

I'm pretty certain I did everything right and am now awaiting some sort of reply. I'm hoping obviously they don't have the relevant paperwork!
I'll keep you all posted ASAP on developments .. and thank you again so much for all the help!

Keep an eye on the calendar. There's no need to chase Cabot for the CCA request as non-compliance is a bar to enforcement, however, you do need to chase up the CPR request and if they don't send anything you need to file your defence before the 33 days are up. :typing:

[FlamingParrot]

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

I'm trying to keep it simple as I don't have much energy, but If there's anything further at this point I need to know I'm all ears!

There certainly is, I've gone back and noted the claimant is Cabot Financial (UK) Limited. That being the case, you may want to look at this post, which I'm re-quoting below for convenience. :thumb:

It may seem like a lot but it's mostly a matter of copying and pasting and just filling in the bits highlighted in red. As you can do it all by email, it won't require another trip to the post office or any further expenditure. :typing:

---

A) To be emailed to: cabotcustomer@cabotfinancial.com

Subject: Court claim xxxxxxx

Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required, without one, a criminal offence.

Yours sincerely

---

B) To be emailed to Shoosmiths

theiremail@shoosmiths.co.uk (the actual details will be on some communication or phone them up to get them, or post with proof of posting)

Subject: Court claim xxxxxxx

Dear Sirs,

In the matter of Cabot Financial (UK) Limited v me Ref #######

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by xxxx and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA register that the status of the claimants license is LAPSED and it did indeed lapse on 28/02/2015 which i note is before the claim was initiated and the said statement of truth signed by xxxx. I would like to draw your attention to s.39 of the Consumer Credit Act which makes carrying on activities for which a license is required without one, a criminal offence. It is also potentially contempt of court for xxxx to sign a statement of truth for a court claim on which they cannot have had a reasonable belief in its truth.

I would point out that s.40 of the Consumer Credit Act makes enforcement without a license impossible.

I await with interest your response.

Yours sincerely

---

C) To be emailed to the court: ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME

To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is 472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely

---

D) Report to the SRA: http://www.sra.org.uk/home/contactus.page -> Select - consumer- other and proceed to step 3.

Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that Shoosmiths have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours sincerely

[humanbean]

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

Hi Kati,
thank you very much for my reply.
Excuse me for not knowing yet, and sounding dim .. but what would my 'defence' be? I thought the CPR and CCA was a defence if they haven't got the paperwork to respond with (if they don't have a claim how can they continue?) I have no idea where I am in all this .. (apologies)
With respect Kati, what is the point of these Requests? Would you or someone be kind enough to give me the lie of the land for some of what may come? I heard CABOT are trading without a license, can I exploit that? bean

[humanbean]

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

Wow, Thank you Parrot for your reply and all you put forward for me there. Could I just use all the above for a defence or is there more? ( obviously more is always better I suppose). Will I have to physically go to court, or is it just a case of what you say above?
Is it emails chasing up CABOT for the CPR Request, or proof of postage? Also I'll be sending the amended emails you so helpfully provided above to CABOT and the COURT. Should that be enough?
It sounds like it to me, but what do I know? Bean (p.s. I may not be able to respond again tonight as not well. Thanks so much !!! :tinysmile_grin_t: )

[humanbean]

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

oops! just notices all Parrots info, thank God! I was starting wrongly to assume I was out of this mess! I might still prevail!! bean x

[humanbean]

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

Hi Flaming Parrot, apologies for my denseness !! (I'm doing a strong meds detox on top of everything) I've just realised, of course I wont actually have to go to the court (still, I bet it gave you a laugh lol :ymca humanbean x

[humanbean]

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

thanks wow .. i'm getting a better idea what I need to do. Will call it a night now and pour through my notes. Got more questions .. but later. THANKYOU XX :tongue2: bean

[FlamingParrot]

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

Excuse me for not knowing yet, and sounding dim .. but what would my 'defence' be? I thought the CPR and CCA was a defence if they haven't got the paperwork to respond with (if they don't have a claim how can they continue?) I have no idea where I am in all this .. (apologies)

Basically if they don't respond you can use those issues to file a generic defence based around their lack of response. You will find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims

With respect Kati, what is the point of these Requests? Would you or someone be kind enough to give me the lie of the land for some of what may come? I heard CABOT are trading without a license, can I exploit that? bean

Precisely to pave the way to argue they've not supplied you with paperwork to evidence their claim. With regards to the CCA request, non-compliance is actually a bar to enforcement for as long as they are in breach. :grin:

Wow, Thank you Parrot for your reply and all you put forward for me there. Could I just use all the above for a defence or is there more? ( obviously more is always better I suppose).

Take a look at the example defences and post up your draft when you're ready. :typing:

Will I have to physically go to court, or is it just a case of what you say above?

That would depend on whether the case progresses that far. There are still quite a few steps before reaching that point, such as them responding to your defence within 28 days once they receive it, allocation, mediation... I doubt you'd be in court before the New Year if at all! :santa_wink:

Is it emails chasing up CABOT for the CPR Request, or proof of postage?

Keep the emails, copies of the letters you sent and proof of postage for your witness statement, where you will attach them as exhibits.

Also I'll be sending the amended emails you so helpfully provided above to CABOT and the COURT. Should that be enough?

You'll still have to submit your defence.

It sounds like it to me, but what do I know? Bean (p.s. I may not be able to respond again tonight as not well. Thanks so much !!! :tinysmile_grin_t: )

No worries, hope you're feeling better and refreshed tomorrow. :thumb:

oops! just notices all Parrots info, thank God! I was starting wrongly to assume I was out of this mess! I might still prevail!! bean x

Of course you will, you just have to get a defence together.

[humanbean]

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

Haha !! Thanks Parrot :thumb: ,
I've just emailed what you posted with the required minor editing to CABOT FINANCIAL (UK) LIMITED, SHOOSMITHS LLP and The court (reporting Shoosmiths LLP to the SRA will have to wait till tomorrow). As I was reading through the emails I was sending I started to enjoy it
Brilliant .. I can see it all coming together Thanks! :clap2: humanbean x