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

[humanbean]

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

Hi Flaming Parrot & All,
UPDATE: After sending emails A, B and C, I've just sent the final email ( D ) reporting Shoosmiths to the SRA as per Flaming Parrots above post (thanks Parrot :okay. Would've done it the day before but no energy or concentration due to this dratted meds detox.
ALSO: I've received a response from email C (email to the court). I've posted it below ..

Good Afternoon,

Thank you for your email.

Your comments have been noted, however the court of its own volition cannot place matters before a district judge.

If you believe there are grounds for striking out the claim, then an application needs to be made on form N244 Application Notice. There is a £155.00 court fee to process the application, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by downloading the EX160A booklet or using the enclosed EX160 guidance notes. If you have already paid the application fee you can file the completed forms via email at ccbcfees@hmcts.gsi.gov.uk.

Please note that this email has not been treated as your defence.

If you require any further information please contact our helpdesk on the number above or you can email us at ccbcdefendants@hmcts.gsi.gov.uk; Please ensure that you state the above case number in the subject heading of your email. You may also find it useful to visit the frequently asked questions (FAQ’s) section of our website. To locate this page you should go to www.justice.gov.uk and search for ‘CCBC’.

Kind Regards
Hilda Miller






So there you go .. What does everyone think?
(tried to reduce the font size but it wont have it)
Sounds like a tempting offer. I'm (genuinely) not able to work due to my health and disabilities so maybe I would be eligible for help with court fees. If you agree I should go ahead I can download EX160A Booklet and find out .. worse case scenario I'll just find a way to pay it to get them off my back.

Please let me know what people think?
(Just to say, thanks again Flaming Parrot for your brilliant guidance :okay: )

warrior bean of the human family !! xx

p.s. next I'm gonna chase up that CPR Request by email. Onwards and upwards !!

[FlamingParrot]

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

Hi Flaming Parrot & All,
UPDATE: After sending emails A, B and C, I've just sent the final email ( D ) reporting Shoosmiths to the SRA as per Flaming Parrots above post (thanks Parrot :okay. Would've done it the day before but no energy or concentration due to this dratted meds detox.
ALSO: I've received a response from email C (email to the court). I've posted it below ..

Good Afternoon,

Thank you for your email.

Your comments have been noted, however the court of its own volition cannot place matters before a district judge.

If you believe there are grounds for striking out the claim, then an application needs to be made on form N244 Application Notice. There is a £155.00 court fee to process the application, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by downloading the EX160A booklet or using the enclosed EX160 guidance notes. If you have already paid the application fee you can file the completed forms via email at ccbcfees@hmcts.gsi.gov.uk.

Please note that this email has not been treated as your defence.

If you require any further information please contact our helpdesk on the number above or you can email us at ccbcdefendants@hmcts.gsi.gov.uk; Please ensure that you state the above case number in the subject heading of your email. You may also find it useful to visit the frequently asked questions (FAQ’s) section of our website. To locate this page you should go to www.justice.gov.uk and search for ‘CCBC’.

Kind Regards
Hilda Miller

So there you go .. What does everyone think?

The courts very rarely strike out statements of case of their own accord, which is why they are asking you to submit an application.
[MENTION=5354]mystery1[/MENTION] will want to look at this which appears to be the first response we've had so far posted up on here.

(tried to reduce the font size but it wont have it)
Sounds like a tempting offer. I'm (genuinely) not able to work due to my health and disabilities so maybe I would be eligible for help with court fees. If you agree I should go ahead I can download EX160A Booklet and find out .. worse case scenario I'll just find a way to pay it to get them off my back.

If you received means tested benefits you should be able to automatically satisfy the income requirements by supplying a letter or document confirming your entitlement, in most cases they have to be less than three months old. With regards to capital you should have less than £3,000 worth of disposable capital and you'll need to submit evidence such as statements.

Please let me know what people think?

Let's see what M1 thinks.

(Just to say, thanks again Flaming Parrot for your brilliant guidance :okay: )

warrior bean of the human family !! xx

Always a pleasure to help someone beat those :censored: into submission.

p.s. next I'm gonna chase up that CPR Request by email. Onwards and upwards !!

You may want to say that since they've not provided you with the documents you need to file your defence, would they agree to a 28 day extension as allowed under CPR 15.5. If so, you should notify the court in writing (another email would do). :typing:

[mystery1]

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

Well Hilda is a muppet. The CPRs have various areas where courts/judges can do stuff on their own motion and quite how it is possible without sight of something is beyond me. I did expect that in many cases they would ask people to make an application.

Trouble is, you are basically asking them to see if they think it's serious enough to refer to the Attorney General and not really make a ruling that helps your case because if it is referred it does nothing for your case, really.

I wouldn't make an application.

Of course it still should be raised in a defence because if they can't prove to the court they have a license then it's unenforceable.

Hopefully the FCA, SRA, claimant and their Solicitor will prove more fruitful.

M1

[FlamingParrot]

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

Hopefully the FCA, SRA, claimant and their Solicitor will prove more fruitful.

:flypig: :flypig: :flypig:

:sorry:

[mystery1]

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

:flypig: :flypig: :flypig:

:sorry:

Quite possibly. However when in court you can demonstrate the lengths you went to to find out and they'll have a hard job getting an adjournment to try a wriggle out of it AND when it comes to costs it'll be like shooting fish in a barrel.

If the judge agrees and rules it unenforceable then you can raise the issue of the statement of truth again and go back to SRA and FCA with a ruling and say " OI asshole remember this, do your job ....."

M1

[FlamingParrot]

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

Quite possibly. However when in court you can demonstrate the lengths you went to to find out and they'll have a hard job getting an adjournment to try a wriggle out of it AND when it comes to costs it'll be like shooting fish in a barrel.

If the judge agrees and rules it unenforceable then you can raise the issue of the statement of truth again and go back to SRA and FCA with a ruling and say " OI asshole remember this, do your job ....."

M1

You do have a way with words! :lol:

I just haven't got much faith left in those regulators. :mmph:

[humanbean]

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

Thanks Parrot, I will ask for the extension .. and look forward to M1's opinion.
Thank you again! :thumb:
Bean

would be in pour shape without this forum !

[humanbean]

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

No sorrys needed at this end, you are being so helpful :angel2::angel2: !! Bean

[humanbean]

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

Also, just to say .. I'm having a bit of bother making the quote facility work when responding to people, so I hope people will continue to bear with me. I hope I'm being understood. Will keep experimenting with it.
bean :doggieyes:

[FlamingParrot]

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

Also, just to say .. I'm having a bit of bother making the quote facility work when responding to people, so I hope people will continue to bear with me. I hope I'm being understood. Will keep experimenting with it.
bean :doggieyes:

No worries, I make a habit of quoting just to make it clear what I'm responding to, sometimes someone posts before I finish my post and then it looks like I was responding to that other post and it just gets confusing.

To quote you just need to press "Reply with Quote", however, I've also had problems with that function, when pressing that button makes it just hang and not do anything, is that happening to you as well? If so, you may want to start a thread under Site Issues. It's likely to be a browser issue, I've had to switch from Firefox to Chrome and back to Firefox for that reason.

[humanbean]

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

[To quote you just need to press "Reply with Quote", however, I've also had problems with that function, when pressing that button makes it just hang and not do anything, is that happening to you as well? If so, you may want to start a thread under Site Issues. It's likely to be a browser issue, I've had to switch from Firefox to Chrome and back to Firefox for that reason. ]

Thanks Flaming Parrot,

Yes, I've had a few issues with it hanging when trying to respond to someone. I'm using Microsoft Edge, Not sure if I want to change my browser yet, will probably persevere a little bit more (till I get really annoyed with it :Cry: .. then change haha )

Ive just sent off a 'chase up' email to Shoosmiths LLP (below)


'Dear Sirs,

In the matter of Cabot Financial (UK) Limited v me Ref: Court Claim ######### I note that despite my letter 13 days ago dated 13/10/2015, requesting documents mentioned in statement of case;


The Credit Agreement
The Notice of Assignment
The Default Notice

you still have not provided me with the documents I need to file my defence. Since I still need to file my defence and have not received the requested paperwork would you agree to a 28 day extension as allowed under CPR 15.5?


I look forward to your swift response.
humanbean'

I suppose now its a waiting game, unless there is anything else I can get on with? Am researching the resources here , thanks for the (above) useful links Flaming Parrot.

[Celestine]

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

You really need to telephone them now to push home he point about disclosure of documents to be able to defend your case.

Make a note of who you speak with, what they do or don't agree, then follow that up with an email summarising the conversation to ensure all your efforts are 'on record'.

[humanbean]

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

You really need to telephone them now to push home the point about disclosure of documents to be able to defend your case.

Make a note of who you speak with, what they do or don't agree, then follow that up with an email summarising the conversation to ensure all your efforts are 'on record'.

Thanks Celestine,
Will do.

Do I need to do that for both? Re:

Shoosmiths for the CCA
Cabot for the CPR

UPDATE

On Monday the 26th October I sent Shoosmiths a 'Gee-Up' email for the CPR paperwork and also a request for a 28 day extension as still no paperwork had come (see below)

------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dear Sirs,


In the matter of Cabot Financial (UK) Limited v me Ref: Court Claim ######### I note that despite my letter 13 days ago dated 13/10/2015, requesting documents mentioned in statement of case;


The Credit Agreement
The Notice of Assignment
The Default Notice

you still have not provided me with the documents I need to file my defence. Since I still need to file my defence and have not received the requested paperwork would you agree to a 28 day extension as allowed under CPR 15.5?


I look forward to your swift response.
humanbean

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



Then on 27th October (yesterday) I received a letter back from Shoosmiths.
It was regarding my CPR Request letter and my email (copied and pasted from Flaming Parrot) informing them they were representing a client who's License had lapsed (sent 20th October). I've typed it in below:
------------------------------------------------------------------------------------------------------------------------------------------------------------------

CABOT FINANCIAL (UK) LIMITED v Mr. human bean
Lender: SAV (Bank of Scotland (Aquacard))
Account Reference: #################
Claim number: ##############

We write with reference to the above matter.

We confirm that we have requested the documents mentioned in your letter dated 13th October 2015 from our client. Upon receipt of the same we shall forward these to you, at which time you can file your defence should you continue to wish to.

In response to your email dated 20 October 2015, with regards to our Clients FCA License, the creditor (and the Claimant to these proceedings) Cabot Financial (UK) limited has appointed Cabot Financial (Europe) Limited to service the portfolios of debt as master servicer. Cabot Financial (Europe) Limited has then appointed Cabot Financial (Marlin) Limited as sub-servicer to manage the accounts.

Pursuant to Article 55 of the Financial Services and Markets Act 2000 (Exemption) Order 2001. Cabot Financial (UK) Limited is exempted from the requirement for authorisation. A similar exemption applies as a result of Article 60 ( i ) of the Regulated Activities Order.

The FCA Register confirms that the permissions for Cabot Financial (Europe) Limited and Cabot Financial (Marlin) Limited have not lapsed.

If you would like to discuss this matter further please do not hesitate to contact us on 03700 863058.

Yours faithfully
Shoosmiths LLP

SHOOSMITHS LLP SOLICITORS
------------------------------------------------------------------------------------------------------------------------------------------------------------------

It seems they have wriggled out of trading without an FCA License and God knows when they will send me any paperwork?
Anymore thoughts anyone?

many thanks
humanbean

[Amethyst]

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

When is the defence due ?

I might be inclined to call them and ask them to agree to an extension of 28 days for filing the defence, and get them to confirm that in writing so you can inform the court. You will be filing your defence before the end of the extension and asking the court to order the documents. You'd ask shoosmiths, don't worry about chasing the CCA it's better if it doesn't come, but you can mention to shoosmiths you have asked Cabot for the CCA and they haven't supplied it, to help encourage them to agree an extension. They need to confirm an extension in writing so you can inform the court, otherwise you MUST put your defence in by the original deadline.


On the FCA licence issue, yes that appears to be their standard response now, there's a discussion elsewhere whether it is right or not, but to be honest I wouldn't worry about that side of things.

[humanbean]

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

When is the defence due ? I might be inclined to call them and ask them to agree to an extension of 28 days for filing the defence, and get them to confirm that in writing so you can inform the court.

My defence is due on the 8th November, but today I phoned Shoosmiths and asked for an extension on the grounds that so far I have been served no paperwork either from Shoosmiths or Cabot (CPR and CCA). The girl I spoke to said 'no problem'. I asked for them to put it in writing and send it to me, she said again, 'no problem', so I am awaiting their agreement in writing that I can have a 28 day extension which will take me up to December 6th. As soon as it comes then I guess I can email the court and inform them I have an extension.
It seems Cabot have wriggled out of trading without a license (something about them farming it out .. ). Thank you all so much for your help, I'll fight these crooks all the way .. humanbean x