How many claims have been made by (claimant) Cabot Financial UK via MCOL December 2015/Jan 2016

John McGuckin made this Freedom of Information request to Her Majesty's Courts and Tribunals Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Her Majesty's Courts and Tribunals Service.

Dear Her Majesty’s Courts and the Tribunals Service,

Could you please let me know the number of claims ( via Northampton Bulk Center) made during Dec 2015/Jan 2016 where the claimant is Cabot Financial UK Ltd & the solicitor representative is Mortimer Clarke.
Of particular interest are those claims which involve credit agreements/contracts re the Consumer Credit Act.

Yours faithfully,

John McGuckin

1 Attachment

Dear Mr McGuckin

 

Please find attached response to your recent Freedom of Information
request.

 

Kind Regards

 

Nickie Gardner

CCBC Support Team Leader

County Court Business Centre

Northampton

Helpdesk: 0300 123 1056

Fax: 0845 408 5317

"I am not authorised to bind the Ministry of Justice contractually, nor
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means."

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Jed Maxwell left an annotation ()

Might be better to revise and try it this way as per item 1 of this response on page 3
https://www.whatdotheyknow.com/request/m...

Dear CCBC Fees,
I have requested data from December 2015 & January 2016.
When will this data be available on your system?

Yours sincerely,

John McGuckin

UPDATE 16th October 2015 - We are currently experiencing technical
problems with our telephony system, your call will be answered by an
operative if you continue to hold on the line. You will experience a ring
tone only rather than the usual options. We are sorry for any
inconvenience and assure you we are working to fix this issue as a
priority.

Thank you for emailing the County Court Business Centre’s ‘CCBC Fees’
Email Account.  We will endeavour to respond to your email within 10
working days (please do not re-send duplicate messages).

Please note that the court cannot accept applications via email if any
relevant fee has not already been paid. This includes applications where
you are applying for help with fees using form EX160 – these applications
must be sent via post. Please refer to Civil Procedure Rules (CPR)
Practice Direction (PD) 5B 3.2 (“…a party must not use e-mail to take any
step in a claim for which a fee is payable”) and also to CPR PD 5B 8.1
which states (“…where a party files a document electronically, he must not
send a hard copy of that document to the court”). Court fees can be paid
by credit / debit card by contacting our Helpdesk between 9.00 and 3.15,
Monday – Friday. Once you have paid your fee, you may re-submit your
application via email to this address if you wish to do so. 

The County Court Business Centre is a separate entity to Northampton
Combined Court and the County Court Money Claims Centre, and only deals
with CCBC and Traffic Enforcement queries. We do not deal with Family,
Probate or Bankruptcy matters.

Please also note that we only deal with claims that either:

1) Have a prefix of #X, A#X, #Q, A#Q, #J or A#J (where # denotes any
number).

OR

2) Are formatted A#AA#### (where # denotes any number and A denotes any
letter). For claim numbers formatted A##AA###, please contact the local
County Court Hearing Centre or the County Court Money Claims Centre.

For all other claim numbers please contact the CCMCC -
[1][email address]. If you have received a Notice
of Transfer, please contact the County Court Hearing Centre named on the
Notice.

CCBC Customer Feedback – we would love to hear from you.

[2]Click here to submit your customer feedback.

Guidance is accessible online 24 hours a day at:
[3]http://www.hmcourts-service.gov.uk/onlin...

Court staff are not legally trained.  If your query is in relation to
whether you have a valid claim, we will be unable to comment on this
matter.  You may wish to seek professional legal advice from a Solicitor,
Legal Executive or Citizens Advice Bureau.  You can also contact Community
Legal Advice for free legal advice on 0845 345 4 345 or via their website
at [4]http://www.communitylegaladvice.org.uk/
 

If you are having problems completing an electronic form please visit the below
link, it contains useful information about using Adobe which may be of
assistance: [5]https://acrobat.adobe.com/uk/en/products...
Please be aware that this is an external link which will direct you to an
external site. The County Court Business Centre takes no responsibility for the
information contained within this site and cannot answer any questions in
relation to the information provided on the webpage. 

This message is automatically generated; please do not reply to this message.

Thank you.

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
file:///tmp/blocked::mailto:[email address]
2. blocked::https://www.surveymonkey.com/s/NBCRSU_Fe...
https://www.surveymonkey.com/s/_CCBC
3. http://www.hmcourts-service.gov.uk/onlin...
http://www.hmcourts-service.gov.uk/onlin...
4. http://www.communitylegaladvice.org.uk/
http://www.communitylegaladvice.org.uk/
5. https://acrobat.adobe.com/uk/en/products...

CCBC Fees,

Dear Mr McGuckin

 

As advised in my previous response the MoJ is not obliged to provide
information contained in a court record by virtue of section 32(1) of the
FOIA. Section 32 exempts information contained in certain litigation
documents and court, tribunal and enquiry records and will apply
regardless of the content of the information.

 

In this case, the information you are seeking is contained in the court
records because it was ‘filed with, or placed in the custody of a court
for the purposes of proceedings’ (section 32 (a) of the FOIA).This
provision of the FOIA therefore places a responsibility on HMCTS to ensure
non disclosure.

 

If you are unhappy with this decision or think it is incorrect you have
the right to appeal, please see below for details

 

How to Appeal

 

Internal Review

If you are not satisfied with this response, you have the right to an
internal review. The handling of your request will be looked at by someone
who was not responsible for the original case, and they will make a
decision as to whether we answered your request correctly.

 

If you would like to request a review, please write or send an email to
the Data Access and Compliance Unit within two months of the date of this
letter, at the

following address:

 

Data Access and Compliance Unit (10.38),

Information & Communications Directorate,

Ministry of Justice,

102 Petty France,

London

SW1H 9AJ

 

Regards

 

Nickie Gardner

CCBC Support Team Leader

County Court Business Centre

Northampton

Helpdesk: 0300 123 1056 Fax: 0845 408 5317

"I am not authorised to bind the Ministry of Justice contractually, nor
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means."

 

 

show quoted sections

Dear CCBC Fees,

Thank you for your recent reply.

However, I must disagree with your stock answers to my queries.

I asked
1/ for the numbers of cases, etc., not the contents of the individual cases
2/ when would your system be updated to include the information requested.

How can this possibly be exempt by virtue of s32(a) FOIA?

Yours sincerely,

John McGuckin

CCBC Fees,

UPDATE 16th October 2015 - We are currently experiencing technical
problems with our telephony system, your call will be answered by an
operative if you continue to hold on the line. You will experience a ring
tone only rather than the usual options. We are sorry for any
inconvenience and assure you we are working to fix this issue as a
priority.

Thank you for emailing the County Court Business Centre’s ‘CCBC Fees’
Email Account.  We will endeavour to respond to your email within 10
working days (please do not re-send duplicate messages).

Please note that the court cannot accept applications via email if any
relevant fee has not already been paid. This includes applications where
you are applying for help with fees using form EX160 – these applications
must be sent via post. Please refer to Civil Procedure Rules (CPR)
Practice Direction (PD) 5B 3.2 (“…a party must not use e-mail to take any
step in a claim for which a fee is payable”) and also to CPR PD 5B 8.1
which states (“…where a party files a document electronically, he must not
send a hard copy of that document to the court”). Court fees can be paid
by credit / debit card by contacting our Helpdesk between 9.00 and 3.15,
Monday – Friday. Once you have paid your fee, you may re-submit your
application via email to this address if you wish to do so. 

The County Court Business Centre is a separate entity to Northampton
Combined Court and the County Court Money Claims Centre, and only deals
with CCBC and Traffic Enforcement queries. We do not deal with Family,
Probate or Bankruptcy matters.

Please also note that we only deal with claims that either:

1) Have a prefix of #X, A#X, #Q, A#Q, #J or A#J (where # denotes any
number).

OR

2) Are formatted A#AA#### (where # denotes any number and A denotes any
letter). For claim numbers formatted A##AA###, please contact the local
County Court Hearing Centre or the County Court Money Claims Centre.

For all other claim numbers please contact the CCMCC -
[1][email address]. If you have received a Notice
of Transfer, please contact the County Court Hearing Centre named on the
Notice.

CCBC Customer Feedback – we would love to hear from you.

[2]Click here to submit your customer feedback.

Guidance is accessible online 24 hours a day at:
[3]http://www.hmcourts-service.gov.uk/onlin...

Court staff are not legally trained.  If your query is in relation to
whether you have a valid claim, we will be unable to comment on this
matter.  You may wish to seek professional legal advice from a Solicitor,
Legal Executive or Citizens Advice Bureau.  You can also contact Community
Legal Advice for free legal advice on 0845 345 4 345 or via their website
at [4]http://www.communitylegaladvice.org.uk/
 

If you are having problems completing an electronic form please visit the below
link, it contains useful information about using Adobe which may be of
assistance: [5]https://acrobat.adobe.com/uk/en/products...
Please be aware that this is an external link which will direct you to an
external site. The County Court Business Centre takes no responsibility for the
information contained within this site and cannot answer any questions in
relation to the information provided on the webpage. 

This message is automatically generated; please do not reply to this message.

Thank you.

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
file:///tmp/blocked::mailto:[email address]
2. blocked::https://www.surveymonkey.com/s/NBCRSU_Fe...
https://www.surveymonkey.com/s/_CCBC
3. http://www.hmcourts-service.gov.uk/onlin...
http://www.hmcourts-service.gov.uk/onlin...
4. http://www.communitylegaladvice.org.uk/
http://www.communitylegaladvice.org.uk/
5. https://acrobat.adobe.com/uk/en/products...

CCBC Fees,

Dear Mr McGuckin

 

I would be grateful if you could confirm that you wish for us to conduct
an Internal Review of your FOI request 102969

 

Regards

 

Nickie Gardner

CCBC Support Team Leader

County Court Business Centre

Northampton

Helpdesk: 0300 123 1056

Fax: 0845 408 5317

 

"I am not authorised to bind the Ministry of Justice contractually, nor
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means."

 

show quoted sections

Dear Her Majesty’s Courts and the Tribunals Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Her Majesty’s Courts and the Tribunals Service's handling of my FOI request 'How many claims have been made by (claimant) Cabot Financial UK via MCOL December 2015/Jan 2016'.

The queries (2) which I submitted have been met with stock answers.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

John McGuckin

Dear CCBC Fees,

A review has been requested

Yours sincerely,

John McGuckin

CCBC Fees,

UPDATE 16th October 2015 - We are currently experiencing technical
problems with our telephony system, your call will be answered by an
operative if you continue to hold on the line. You will experience a ring
tone only rather than the usual options. We are sorry for any
inconvenience and assure you we are working to fix this issue as a
priority.

Thank you for emailing the County Court Business Centre’s ‘CCBC Fees’
Email Account.  We will endeavour to respond to your email within 10
working days (please do not re-send duplicate messages).

Please note that the court cannot accept applications via email if any
relevant fee has not already been paid. This includes applications where
you are applying for help with fees using form EX160 – these applications
must be sent via post. Please refer to Civil Procedure Rules (CPR)
Practice Direction (PD) 5B 3.2 (“…a party must not use e-mail to take any
step in a claim for which a fee is payable”) and also to CPR PD 5B 8.1
which states (“…where a party files a document electronically, he must not
send a hard copy of that document to the court”). Court fees can be paid
by credit / debit card by contacting our Helpdesk between 9.00 and 3.15,
Monday – Friday. Once you have paid your fee, you may re-submit your
application via email to this address if you wish to do so. 

The County Court Business Centre is a separate entity to Northampton
Combined Court and the County Court Money Claims Centre, and only deals
with CCBC and Traffic Enforcement queries. We do not deal with Family,
Probate or Bankruptcy matters.

Please also note that we only deal with claims that either:

1) Have a prefix of #X, A#X, #Q, A#Q, #J or A#J (where # denotes any
number).

OR

2) Are formatted A#AA#### (where # denotes any number and A denotes any
letter). For claim numbers formatted A##AA###, please contact the local
County Court Hearing Centre or the County Court Money Claims Centre.

For all other claim numbers please contact the CCMCC -
[1][email address]. If you have received a Notice
of Transfer, please contact the County Court Hearing Centre named on the
Notice.

CCBC Customer Feedback – we would love to hear from you.

[2]Click here to submit your customer feedback.

Guidance is accessible online 24 hours a day at:
[3]http://www.hmcourts-service.gov.uk/onlin...

Court staff are not legally trained.  If your query is in relation to
whether you have a valid claim, we will be unable to comment on this
matter.  You may wish to seek professional legal advice from a Solicitor,
Legal Executive or Citizens Advice Bureau.  You can also contact Community
Legal Advice for free legal advice on 0845 345 4 345 or via their website
at [4]http://www.communitylegaladvice.org.uk/
 

If you are having problems completing an electronic form please visit the below
link, it contains useful information about using Adobe which may be of
assistance: [5]https://acrobat.adobe.com/uk/en/products...
Please be aware that this is an external link which will direct you to an
external site. The County Court Business Centre takes no responsibility for the
information contained within this site and cannot answer any questions in
relation to the information provided on the webpage. 

This message is automatically generated; please do not reply to this message.

Thank you.

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
blocked::mailto:[email address]
file:///tmp/blocked::mailto:[email address]
2. blocked::https://www.surveymonkey.com/s/NBCRSU_Fe...
https://www.surveymonkey.com/s/_CCBC
3. http://www.hmcourts-service.gov.uk/onlin...
http://www.hmcourts-service.gov.uk/onlin...
4. http://www.communitylegaladvice.org.uk/
http://www.communitylegaladvice.org.uk/
5. https://acrobat.adobe.com/uk/en/products...

London RSU Kilo,

1 Attachment

Dear Mr McGuckin,

 

Please find attached the response to your Internal Review Request.

 

Knowledge and Information Liaison Officer

London Regional Support Unit

3rd Floor, First Avenue House

42-49 High Holborn

London WC1V 6NP

 

DX 160010 Kingsway 7

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

John McGuckin left an annotation ()

It would appear that HMCTS are exempt from FOIA requests which refer to court case records. Apparently, 'records' is wide enough to encompass the 'title' of the case. The situation is compounded further by the fact that HMCTS employ an antiquated record system which apparently doesn't even have a search facility. It would, I imagine, be a very labour-intensive excercise to perform the simplest of searches, thereby giving them the 'cost' exemption as a reserve position. Perhaps the revenue generated by the latest court fee hike will allow them to purchase more modern facilities?