Northampton County Court claim received

[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 ?

[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.

[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

[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

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:

[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

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

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

I have received the letter from Earlswood enclosing the documents and confirming the extension so I am going to scan and email this to the court tomorrow.

They have enclosed a couple of copy agreements - one from Oct 2003 (signed) and the one from 2006 (tick box). They have also enclosed some t&cs and a copy of the assignment letter (although there are some variables still in there).

Earlswood have stated that they "can confirm the originator has advised that Default Notice was issued to you on 2nd Dec 2010 and allowed me 28 days to respond and the Termination Notice was issued on 4th Jan 2011".

They have included computerised print outs regarding the TN and DN with letter dates as they have 'advised'.

Any advice - what should I check - I cannot recall receiving any DN or TN and they are not in my filing system which is strange as I keep absolutely everything.

Any advice or pointers on what to check anyone?????????

Thanks

Foxy :santa2:

[pt2537]

Re: Northampton County Court claim received

I have received the letter from Earlswood enclosing the documents and confirming the extension so I am going to scan and email this to the court tomorrow.

They have enclosed a couple of copy agreements - one from Oct 2003 (signed) and the one from 2006 (tick box). They have also enclosed some t&cs and a copy of the assignment letter (although there are some variables still in there).

Earlswood have stated that they "can confirm the originator has advised that Default Notice was issued to you on 2nd Dec 2010 and allowed me 28 days to respond and the Termination Notice was issued on 4th Jan 2011".

They have included computerised print outs regarding the TN and DN with letter dates as they have 'advised'.

Any advice - what should I check - I cannot recall receiving any DN or TN and they are not in my filing system which is strange as I keep absolutely everything.

Any advice or pointers on what to check anyone?????????

Thanks

Foxy :santa2:

NO!!!!!!!!!!!! do not send a copy to the Court, this is wrong and it has been known to be taken as your defence to the claim.

I would suggest you simply email the Court, and say

I write to confirm that the Claimant and Defendant have agreed pursuant to CPR rule 15. 5 that the period for the defence is extended til 4pm on ....................

Please ensure no requests for judgment are processed before this date.

That is all you need

[Foxyflugel]

Re: Northampton County Court claim received

NO!!!!!!!!!!!! do not send a copy to the Court, this is wrong and it has been known to be taken as your defence to the claim.

I would suggest you simply email the Court, and say

I write to confirm that the Claimant and Defendant have agreed pursuant to CPR rule 15. 5 that the period for the defence is extended til 4pm on ....................

Please ensure no requests for judgment are processed before this date.

That is all you need

Thanks again PT..will do that tomorrow.

Foxy

[Foxyflugel]

Re: Northampton County Court claim received

Happy New Year everyone. :tinysmile_grin_t:

I spent all yesterday looking through all my filing system and I cannot find a DN or TN from them - I believe I never received them.

What now? :tinysmile_cry_t:

Thanks

Foxy

[Foxyflugel]

Re: Northampton County Court claim received

Anyone??????????

[mystery1]

Re: Northampton County Court claim received

If they have complied with 31.15 it's time to seek out the information that may provide a defence. A lack of default notice is one of them.

Why are there 2 agreements ?

M1

[Foxyflugel]

Re: Northampton County Court claim received

Thanks for your reply Mystery. There are 2 agreements - one is from 2003 - hand signed - and the other from 2006 which is a tick box for a signature - not sure why they have sent them both. Do they have to provide a copy of TN and DN or is the claim that they were sent on x date with 2 computer generated data print outs stating these dates suffice?? Are they deemed to have complied fully with my request if I haven't received copies? I can scan the t&cs but only in pdf - how do I upload them onto here in pdf format? - would these be of any use??

Thanks again.