Northampton County Court claim received

[pt2537]

Re: Northampton County Court claim received

Many thanks PT for this draft. I have sent it to Earlswood. I stated that I wanted the documents no later than 24th December and an extension to 21st Jan.

I spoke to a lady at Earlswood on the 18th and expressed that it was not a SAR request and that as the creditors solicitors they should know better and have pretty much ignored me all week!!

She said she would 'update notes' :blabla: and get someone to call me. I then missed a call so called back on the 19th and actually spoke to someone. She said that they had all the documents and that they would be with me on Monday 23rd and they had agreed to an extension to the 21st Jan...mmmm.

We shall see :santa_cheesy:

Foxy

MAKE SURE THAT YOU EMAIL THE COURT

and tell them that you have agreed an extension or they can still get judgment

[Foxyflugel]

Re: Northampton County Court claim received

Many thanks PT for this draft. I have sent it to Earlswood. I stated that I wanted the documents no later than 24th December and an extension to 21st Jan.

I spoke to a lady at Earlswood on the 18th and expressed that it was not a SAR request and that as the creditors solicitors they should know better and have pretty much ignored me all week!!

She said she would 'update notes' :blabla: and get someone to call me. I then missed a call so called back on the 19th and actually spoke to someone. She said that they had all the documents and that they would be with me on Monday 23rd and they had agreed to an extension to the 21st Jan...mmmm.

We shall see :santa_cheesy:

Foxy

[pt2537]

Re: Northampton County Court claim received

Ok email and letter to the opponent solicitors

Dear Sirs

I write further to your clients recent correspondence. At no time did i request data to be provided under s7 Data Protection Act 1998, far from it, i did infact ask for documents mentioned in your clients statement of case which i am entitled to by virtue of CPR rule 31.14. If you disagree with this view please read the clear judgment of the Court of Appeal in Expandable v Rubin in particular para 24 of Rix LJs ruling.

Your client has refused to comply with its duties under the CPR. I am a litigant in person and i take the view your firm is taking an unfair advantage of my lack of legal knowledge. This is contrary to the Sra code of conduct and the law society practice note on dealing with litigants in person.

I invite your client to do the following by no later than 4 pm on ...................................

1) provide me with copies of the requested documents mentioned in the Claim form.

2) confirm your agreement to an extension for my defence to be filed pursuant to CPR rule 15.5. I require until 4pm on ............................

If you refuse or fail to accede to my request, i shall make an application to the Court without further warning. I shall seek the costs of such an application and reserve the right to refer to the contents of this letter and your correspondence on the question of costs and conduct.

Yours sincerely ....................

[Foxyflugel]

Re: Northampton County Court claim received

Update - today I sent another email chasing my CPR 31.14 request letter and stating what would happen if they did not comply.

When I got home tonight I had received 2 letters.

One from Earlswood - stating that they had received my CPR31.14 request and that they had chased Moorgate regarding this. They then state that Moorgate advised THEM that I had to pay a £10 fee under SAR rules and that they (Earlswood)were unable to agree to an extension date until the fee is paid. They also stated that no further litigation action will be taken (I presume until this is sorted) - and are probably hoping that I don't realise and they get judgement by default!!.

One from Moorgate with a copy of my CPR 31.14 REQUEST stating that they can let me have the documents under SAR and I need to send £10. Also stating that this will be considered under SAR rules for compliance (ie within 40? days) - and my defence deadline is 31/12/13.

It looks like they are giving me the runaround and I can't believe that the solicitors have actually sent me a letter and are more than aware that I am entitled to this under CPR.

At least they have acknowledged my efforts - albeit in a misguided manner.

I called Earlswood and again, failed to get to speak to my claim handler (I'm beginning to think there isn't one as such! as the reference on my letter just stands for Earlswood solicitors apparently). I spoke to a lady whom I told very firmly what is going to happen if I do not get a call or email tomorrow regarding this - she said she was going to put this on the notes on my file and get someone to call me tomorrow - so I requested a cc when she emails 'someone'.

I have some time tomorrow so I intend to get onto this straight away. :santa_wink:

[mystery1]

Re: Northampton County Court claim received

Compose an unless order and email it to them saying if they don't get back to you you'll have no choice but to action it.


From about post 40 or so on http://www.legalbeagles.info/forums/...highlight=zhan

Any questions or if you want to check your just ask. I am working next 3 days so won't be around much.

You should also phone Northampton and find out opening hours from now until holidays end.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

No reply - I have chased via phone and email again this morning - requesting an acknowledgement or the info by 12.30.

What now???

Thanks

[Foxyflugel]

Re: Northampton County Court claim received

The amount on the agreement was £264.35 and on my credit file (it is the same account as the last 4 digits match) it says on payment info 168 x £69 and it was updated in June 2011 - the default balance on this loan as per my credit file is exactly the same as the amount which was stated on the cc at the time of default(it is registered on my credit file slightly higher due to other costs being added I think). I did have an Egg cc but tried to tackle that on my own and failed. The solicitor was PT (known to you Amethyst) and it was all put to bed (Cabot) and they paid my costs.

I can't really remember the flaws tbh. I think there may have been some with the chain of assignment and I don't think they could produce an agreement but can't be 100% on that.

[Amethyst]

Re: Northampton County Court claim received

On this - what does it say the payment amount is ?



72 months x £69 = £4968
72 months x £275 = £19800 ( so if claim is £8.5k ish then default date is March 2010 ish ?)

Also those CCA pages came with a letter from the solicitors in this current case. I know I removed it as you'd left your real name visible, but could you upload it again.

I may have just confused myself, I can't see where the solicitors are saying £69 a month ?

[Amethyst]

Re: Northampton County Court claim received

Ok. It sounds a bit less like a coincidence now.

Was it an Egg credit card ? who was the claimant ? and was it your own solicitor or a specialist cca solicitor/claims company ?(sorry just checking) what were the flaws in the case ?

[mystery1]

Re: Northampton County Court claim received

I'll be out for a an hour or so at some point but around most of the day so no problem.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Thanks for the replies M1 and Amethyst.

Amethyst - I had a credit card and everything came to a head approx last May (court form etc) so I got a solicitor involved and they dropped their claim as he found lots of flaws in their case etc. At the time of default - the cc amount was EXACTLY to the penny this amount on the court form which states it was for an Egg loan - it may be a coincidence - I really don't know - but I found this very very strange. Also, both on my credit file and on the letters they send me - they (being the current case) say that payments are £69 pm and from my recollection the Egg payments were approx £275 pm.

As you can see I sent a CPR 31.14 request to their solicitors so this could shed more light on matters but they seem to be ignoring me and my deadline is 31/12/13 - so what with xmas and the bank holidays I need to pin them down to an extension at least.

I will give it one last try tomorrow and then follow M1s advice - although I would appreciate more help on that course of action.

Thanks again.

[Amethyst]

Re: Northampton County Court claim received

Slightly off topic but this concerns me

''The amount is approx £8.5k but I am confused slightly - as a solicitor successfully dealt with a credit card matter for me last year and at the time of default it was exactly (to the penny) the amount of this claim!! Just think this is extremely coincidental for it to be the exact amount."

Can you expand on that a little more pls.


It's probably coincidence as this claim relates to a loan, but best to be certain.

[mystery1]

Re: Northampton County Court claim received

11 am tomorrow then one last call then apply. Let them deal with the Jackson reforms adn Mitchell. You've given them plenty notice and it appears they are trying to squeeze the time so they an sneak in a default judgement.

M1

[Foxyflugel]

Re: Northampton County Court claim received

Hi everyone

I sent an email to Earlswood yesterday pointing out


1) I knew they had received my letter on 4/12/13.

2)The details of the telephone conversation I had with their receptionist and

3) that they had failed to comply with any part of my CPR request, and stating that I needed to know a date when they would expect to be able to comply and an extended date - not being less than 14 days from that date.

Lets see if they reply!!

I couldn't get to speak to the claims handler again - they point blank refused to put me through.

How long do I give them to reply? as I am conscious it is coming up to xmas!!

[mystery1]

Re: Northampton County Court claim received

Whoever you spoke to.

Don't be frustrated. Just make an effort. If you go to court to seek disclosure the evidence that you are making an effort now will stand you in good stead and make them look bad. You can't make them do anything but you can explain the consequences of their choices and point it out to the judge. If you've emailed them with the jist of the conversation you can use this evidence to sway the judge. If they want a judge to see what they are up to then that's up to them.

Quite how what they are doing is in accordance with the over riding objective of the CPR's is beyond me.

http://www.justice.gov.uk/courts/pro...l/rules/part01

Duty of the parties
1.3
The parties are required to help the court to further the overriding objective.

Should they wish to make a fool of themselves then you are going to advise the judge. This should cost them plenty and deservedly so.

M1