hiya all a bit of an update - well did get my defense in time and then got a letter from the court to say that the claimant had 28 days to respond and as yet still not had any other letter or documents from either capquest or optima legal or the court, think xmas day is the 28 days - so does this mean if I don't get anything it is likely to be stayed? or would it be worth me considering mediation at any point? read on another thread is it worth doing that before allocation?

as always cheers any other info received will update immediately, angel x

Good luck im also waiting on mine to see what next happens you are right the guys here are fab i would have crumbled back into depression without theur help just waiting on pay day to give the site a donation for their kindness - lets hope we get positive results on our cases take care angel x

Hiya dis hope u r ok ive not even heard from them so today deadline for our defences putting mine in hope u r too like others hve all said to me put it in as best as you can and then see what they disclose when they do have to show their documents and info they say they have for their claim - whether its all correct or not at that point im sure we will be advised accordingly - good luck and keep positive x angel

Get the Defence in on time.

 

After that, we'll see how Optima play it re documents, etc.

 

Will do i appreciate your help cheers angel x

Thanks so much slick have to fax it tomorrow so will tweek as best as i can and lets see if any interesting things or do the actually have any have the correct paperwork - do i just then wait on the court and see if anything else turns up in the post ? Will update u asap with any info cheers angel x

Hiya all looking to see if i can put in the defence similar to what i did on the last one you helped me with slick but really am unsure im cross with myself ive become ill snd ran out of time to do anymore than i have will have a bit of a read around see what else i learn tonight catch up laters angel x

hiya slck and all,

not received anything at all, and just recovered from a chest infection so now need to get this defense it but what the hell am I going to say, ? I don't even know what to say pls help, will log in later I appreciate your guidance as always cheers x

hiya dis im in the same boat and poss same time of their claims sent out, im subbed to your thread so hope we can help each other out with what is advised to us on our threads, will let you have my thread if you wish to view later, have a good day keep positive tara for now angel x

hiya slick,,, just gone to ack online and its saying I need to input the mcol acc info - if I cant find today - have re registered but of course its now asking me to enter the passcode which has not been entered on the claim form, maybe missed in error I will call the court when opens and check on this - I hope I can just fax them today the acknowledgement instead of doing online x

have done and being faxed to them today and will check with them tomorrow that its been rec ok, and done letters too cheers for your help as always,

will update you later on other stuff, x angel

you asked the question how long ago, I believe now from what ive found its been a very long time thus I m guessing at least 2002 to 2005 and it was not an online but maybe in the bank completed some kind of cca,,, but will delve more in my paperwork and see what I can find.

cheers slick will do later today x angel going to view the other thread now

hiya all I cant even remember this one and it seems to have died a death, I m going to have to take a look im sure iput in my defence that I hadn't rec the cpr31.14 info back and after that I haven't heard from anyone, how do I now check would I have had a ccj in me not chasing up earlier than now? gosh im so confused, yikes,,,, will check in later got the next one that is current to worry about now so working on that and the letters re cpr31.14 and separate letter for the cca and acknowledge that claim online too, so will check in laters cheers angel x

hiya all having looked around other threads do I understand correctly that I could also reqest a copy of the cca with the 1.00 fee a post office money order and send that to the Claimant in this case is it Capquest and not optima legal as they are the named sols and address is different to the capquest -

but send this also to them in a separate envelope registered or recorded delivery - and the CPR request also goes where to the claimant or sols? sorry mental block now ,,,,

be back later to check on, I think I do need to acknowledge the claim at least this eve and also get the letters done for posting tomorrow - what do you guys recommend cheers angel x

NORTHAMPTON (CCBC) County Court

Claim no xxxxxxxx

Issue Date 25 Oct 201

Particulars of claim

The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 wherby LLOYDS BANKING GROUP original creditor provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assisgned to the Claimant. The claimant therefore claims the sum of £xxxx plus costs. The claimant has complied with Sections III and IV of the Practice Direction on Pre-Action Conduct.

=========

signed OPTIMA LEGAL SERVICES LTD

Hi all long time I know my apologies hope all are well - im better today and need to address this issue as not been well past few weeks, so im hoping im not late in dealing with this today understand that 25.10 rec plus 5 days for delivery is 30.10 then 14 days to acknowledge which is then 13.11.13

I received a claim form from northampton CC DATED 25 OCTOBER 2013 and would be really grateful to get some advise on how to proceed. I have had some financial issues and due to depression a few years ago and debt spiralled out of control, loads of late charges/int applied via various creditors when I was struggling to keep my head above water and I just tried to deal with stuff as I tried to get better too. I had tried to get my paperwork together to start addressing stuff but somehow ive not really addressed anything to a full ending,

The claimant is Capquest for amount over £4 for an old credit card (Lloyds banking.

SOLICITORS are Optima legal. I've NOT checked my CRA for a fair few years so unsure of any default when - I am looking to see if in the past I have requested info but cant lay my hands on it at the moment but I recollect I may have last paid something around 2008 and there were before that time a few late charges etc and fees/interest etc applied to the account with took me over my credit limit and further and further into debt, and I haven't been in correspondence with them at all.

I believe I may have received a letter from Optima legal in mid Oct attached which was threatening legal action, but im not sure where it is at the moment. Have now received the court papers.

I understand I can the do the AOS online and send a CPR 31.14 request to the SOLS giving them 7 days to respond to see what they come back with. In the CPR request I was going to ask for true copies of the following

-the credit agreement

- NOA

- Default notice

- Full statement of account - itemising all interest & charges from the commencement of the alleged debt

Any further advice should I be asking for please?. I m not sure how to flipping scan docs at the moment but will attempt to try later Cheers angel x

okay slick,

understand i have the need to summit a defense with what you are saying but i dont put in the embarrased defense do i>? i must have to word it dff and adding what you have given me but what im also wanting to see is it worth emailing them advising them i havent the info and then get an email confirmation that they are wanting more time but then do i still put in my defense like you say

anyway just popped back in but will be back as i have to go to the hospital to drop off something so will log in later

have a fun day all cheers angel x

hiya all

the terms that im struggling to scan up will attempt again with my friend later today appear to be the current terms, surely i can ask for the terms and conditions at the time of the application form, as these current ones state 15.00 per late payment and on my statements show 12.00 being charged

before i take on board the tomlin order isnt this worth persuing? cab advisor told me i have a right to ask for the terms and conditions at the time of the credit card agreement so i have all the correct information - i wish to do this, im aware they could just go ahead and request a strikeout of the claim but leaving me on hold for the past 3 years does not make sense but again cab advised they can do this! im not sitting right with that answer but hey you are the best people i will now take advise from unfortunately, i got the feeling from cab that why am i not happy with this and why am i not paying it? well doh if they had sent the correct info and done it right we wouldnt be here,

anyways i need to act today so im happy to request that info and see what you guys first advise me and the conseqences of this or what else could occur or do i just go ahead with the tomlin order to avoid the ccj, unfortunately my health has deterioted over this and now im feeling maybe this battle any worth it anymore but i wish to have one last shot at it first, maybe you guys can see more than me at this moment and i promise i will make a final choice from what you propose

cheers angel will be back after 1 when im back from docs thanks

hi guys the 7 days surely up by now no responce therefore what options as i think the defense is needed by friday this week? therefore got an email address do i advise them what exactly ? is it a confirmation from them that they need more time so i can go to the court and aDVISE THEM that another 14 days or what is it exactly as still awaiting documents for me to put in my defense, or is it i do that n244 form or is that too early yet?

will log in after 6 and catch up with you all them cheers angel x have a fun day

hiya sunderland

thats an interesting question

if you have had the ccj now and if in the future you could offer a full and final settlement,

if they would go for it....

have you had any responce to this

eg via message from others as no one has come and posted up an answer on this thread of yours,

wonder if others can now help?

my gut feeling tells me why would they they have got you for the full amount unless like in my case its a ridiculous amount

- update us if u can if u have had any info cheers angel x

hiya cena

have already subbed to this thread and thats an interesting and relevant point made about getting the extra 28 days ((EVen by Email - i can do that on my claim as ive checked the claim form and there is is a email address)) so please dont be caught out like me on another of my fraught battles, do get the extention in writing from them or do the n244 form and as vint states please also do not trust these people to play fair, i got caught out due to me calling them and them telling me they were contacting the court too to tell them i was being given more time and they wouldnt take it further yet the next day they went for judgement the day after my defence was due and got it, even though id faxed the court we had this verbal agreement from a phone call, i tried to get it set aside but that failed so this time with mine im def more clued up and also the help here is fab, so please let us help you with our experiences - you are doing really well so far so keep calm and lets carry on lol,,,,

keep positive angel x

hi slick

yes duly done am looking for stuff relevant to this account at the moment too if can locate tonight but will continue to search what i can find will stay logged in for a while anyway cheers angel x

hiya slick

so im just off to the docs but when i come back will do that letter including the no 5 and no 6 comments in your last post, so this will cover what i need to ask for in the particulars of claim they have put in the summons which ive typed up as they have written it on the summons,

that should do it then> ? cheers and i only give them 7 days or they have to let me know if it going to take them longer? if not i chase them up or do i do some n244 for the judge to get them to provide the info >

thats where im a bit lost i shall be back by 3.30 latest so i can get to the post office with the letter to send. cheers angel x

hiya donkey

will try and see if i can locate stuff on this one, and get back out of the garage and update you tomorrow and then see what i have but there will be charges of late payments on it i can recall too so would that be something useful to consider on reducing the amount too? but the cpr letter needs to go monday without fail does the one i have meet the stuff on the particulars of claim ive typed up? understand can only ask for info relating to what they have typed up on the summons is that right?

also like citizen stated request a statement of account, but would that have to be a seperate request or could that be included in the cpr letter so does it have to be jigged up a bit to reflect that too? thats where im easily confused, want to send the correct info and no room for any error

will check in a bit later to see what you all think cheers wish me luck in that murcky garage lol have a fun day all angel x

hiya all

i will be back home after 2pm today will look in then for any updates and then get my letter done and out tonight as you kindly advise me cheers have a fun day angel x

HIYA all, found this letter i have used before maybe a couple of years old, not sure if i can still use ref the particulars on this fresh claim and if i need to add anything else, guess i need to send it off pretty sharpish,

i will look around other threads to see if i can find anything else that is perhaps better but will take your guidance as well, cheers angel x

CPR 31.14 Request

On XXXXXXXX I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

1 the agreement

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the default notice

3 the deed of assignment

4 the notice of assignment

You should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

HELLOOOOOOOOOOOO citizen long time no see hope you are well,

thanks for your quick responce, slick hopes to look in later too, thanks guys much appreciated.

Yes have already acknowledged the claim to defend in full.

so now the appropriate wording of my cpr letter and yes i take what you are saying about how the amount has been reached i suspect there are a few late payment fees on this one so are those the amounts i could counterclaim / contest in the final figure?

OOPS just seen my original post i will edit out stuff that is not relevant to me,,,,sorry,