Hi there my credit card company "Capital One" have taken me to County Court and i have received the response notice.

The total is over £1,600 and includes bank charges and interest.

1. Is there any way to get off this? It is a few years old?

2. Can i counter claim or defend for bank charges?

3. How do i find out if i paid PPI and can i defend or counter claim for them?

What is the best thing to do?

WorriedAnnie

hi ya

can you fill this in please

and post the questions and the answer back here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

ta

dx

Hi there my credit card company "Capital One" have taken me to County Court and i have received the response notice. The total is over £1,600 and includes bank charges and interest.

 

1. Is there any way to get off this? It is a few years old? possibly CCA time?

2. Can i counter claim or defend for bank charges? nope

3. How do i find out if i paid PPI and can i defend or counter claim for them? nope

What is the best thing to do?

 

WorriedAnnie

fill the link in please

time is ticking....

dx

Name of the Claimant ? Lowell Portfolio

Date of issue? 12 May 2015

What is the claim for?

The claimants claim is for the sum of £1,375.90, being monies being monies due from the defendant to the claimant

under an agreement regulated by the consumer act 1974 between the defendant and Capital One (Europe) plc

under account reference [16 digits] and assigned to the claimant on 03/02/2011,

notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement

and a default notice has been served which has not been complied with.

And the claimant claims £1,375.90

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum

from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to £110.08.

What is the value of the claim? £1,635.98 including £70 Court fee and £80 Solicitor's costs.

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Not sure, maybe after 2007??

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim? Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? No Money, out of work.

What was the date of your last payment? Sorry no idea.

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Can't remember sorry.

ok so the debt has been sold so its not CAp1 taking you to court

have you ack'd the claim on the MCOL website yet please?

 

 

have you ack'd the claim on the MCOL website yet please?

Sorry what does this mean? I haven't done this.

opps you need to get a move on time is ticking.

go up on the MCOL website

register as an individual

note the long number.

log in to mcol using the above registration you just created

select respond to a claim [AOS]

and using the required details from the claimform

ack the claim

defend all

leave juris unticked

exit mcol

have you sent the claimant a CCA request

and the sols [who are they please]

a CRP 31:14 yet either?

dx

opps you need to get a move on time is ticking.

 

go up on the MCOL website

register as an individual

note the long number.

 

log in to mcol using the above registration you just created

 

select respond to a claim [AOS]

 

and using the required details from the claimform

ack the claim

 

defend all

leave juris unticked

 

exit mcol

 

have you sent the claimant a CCA request

and the sols [who are they please]

a CRP 31:14 yet either?

 

dx

The MCOL website asks for a defence password but i can't find one anywhere??

have you sent the claimant a CCA request

and the sols [who are they please]

a CRP 31:14 yet either?

How do i send a cca request?

Sols are = BryanCarter Solicitors LLP 11, De Havilland Drive, Weybridge, Surrey KT13 0YP

what is CRP 31:14 ??

password is at the end of the information box on the right

of the claimform.

dx

Thank you so much for the help you are giving. I have no idea what i am doing lol.

I have filled in the AOS following your instructions.

have you sent the claimant a CCA Requesticon

and the sols [who are they please]

a CRP 31:14 yet either?

I haven't done anything. How do i do this plz?

Solicitor is BryanCarter Solicitors LLP 11, De Havilland Drive, Weybridge, Surrey KT13 0YP

what is CRP 31:14 ??

sent a CCA request to the claimant

use a blank £1PO

don't sign anything

cpr 31:14 from the legal section of the top green library tab

request the docs they mention in the POC.

though once you've red a few carter claim threads here

you'll soon see they ignore it.

CCA is the important one

they MUST comply to be able to progress the claim.

might be an idea for you to go and get your credit file

noddle is free

[listed below]

see if you can workout your last payment.

dx

CCA Request is here------> http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

CPR 31.14 Request is here ------>http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

Thanks DX....

wrong CPR BB

that's the current account one

OP needs the credit card one

dx

Ok i have written CPR 31:14 Credit card ready to go recorded delivery on monday morning.

Do i send the CCA and blank postal order to the claimant on the claim form?

I got my report from Noddle but no mention of Capital One on it

cca to the claimant

so nothing from CAp1 nor the lowells on the CRA file?

as the debt is sold it will be listed under lowells as the owner but say credit card

No there is nothing for Lowell or Capital One or Credit Card?

So is it poss you have not paid or used this card in 6yrs

Looks like it

DX

Hi there i have received a reply from the solicitors Bryan Carter.

I do not have any records of any agreement, default or statements.

The bog standard reply from Carter, everybody at this stage get the same false letter, he still has to supply CCA1974

What do i do now?

with the greatest respect

this is also a self help forum

you need to go read other threads with the same claimant

there are 100's here and in the successes forum

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

Why don't you ring cap1 and ask last payment date?

Then if it is more than 6yrs since last payment

You could file the SB defence

That would poss be game over for faster

DX

I am sorry if you are annoyed by me

I really do not know what i am doing and i am following your lead. I have read other cases but they are all different from mine. I don't even know on what grounds i am defending this as per your instructions. If this is not an out of time thing what is the defence i am doing?

Thanx so much for your help and i really hope you continue to help me as i am so upset and depressed about this

not in the least

I get annoyed with DCA's trying to fleece people.

not poor victims like you.

if you read a few threads

you'll see all is not lost

and there little to worry about.

Seriously do NOT get depressed by this, it is ONLY pieces of paper, they cannot have what you've not got.

Powerless DCA's rely on their puerile threatogrammes to intimidate and exploit a debtors lack of knowledge.

Just like politicians, they are skilled liars, all of their letters are printed by and spat out by their computer, no human

has any input into them. Half the time, they have absolutely no knowledge of who they're chasing, or what it is for,

until the debtor calls them or responds.