thank you everyone that helped me with this, I am attempting to resolve this matter out of court.

Will say more when its finalised.

F

Hello

Allocation Questionnaire has arrived, transferred to my local court.

going to give it a go but may need to ask some questions

The claim is for around 13K, which track should I tick? Fast, Multi or Small Claims?

Thank you for looking in!

F

She now tells me she's sorted it out!!!

Thanks for looking in anyway!

ok I can see how it reads...

another go...

got an overdraft with lloyds bank (around 19% APR)

barclaycard CC zero balance, Natwest CC zero balance

Natwest offer 0% credit for 8 months but wont allow you to transfer it to a current account so they suggest to transfer it to Barclaycard and then from Barclaycard to Lloyds to clear overdraft.

Now Barclaycard have the money and wont transfer it anywhere or send us a cheque!!

Thank you for looking in anyway, sorry it was a bit of a strange one!!

Hi

OH is trying to sort her debts out (like me) and thought of taking advantage of 0% offer that Natwest offered in order to clear her overdraft on a bank account which is costing a lot of money - this will give her 8 months or so to get the debt cleared and will mean no interest in the meantime...

Natwest said that if it is to be transferred to a bank account this will cost so the 'very helpful' telephonist suggested why not transfer the money to an emptied CC and then transfer it from there to your bank.

Hey great idea we could use Barclaycard account for this as it currently has a zero balance! - I know this all sounds a bit complicated but to save literally £100s, why not?!

Anyway things are not always what they seem because phoned Barclaycard and said we'd like to transfer this credit into bank account and oh dear 'computer says no' ! 'you don't have enough of a credit limit to do this madam!' EVEN THOUGH THE MONEY IS THERE!!!

Several angry phonecalls later and saying that she'd like to close the account, Barclaycard have said they will call back several times and don't. this matter is also being investigated by the fraud team we have been told.

We now have a positive balance in a credit card and need to find creative ways to spend the money so that we can release funds from our monthly outgoings to pay off expensive debts!!

If we close the account will they be obliged to send us a cheque?

We are very angry! any ideas anyone ?

Framboise

I have read today that within the job cuts that Lloyds have made, 60 jobs are to go at City Park, Hove... This is Consumer Debt Recovery or BLS or SCM.

Its never good to read that people have lost their jobs but I wonder what they think of Lloyds Bank now! Probably similar to what I and a lot of CAGers think of them!

If it goes to court and if they win the judge will only order you to pay what you can afford each month. The only way lloyds can get a charging order is if you fail to pay what you have been ordered to pay each month (what you can afford).

Are they still charging interest now ?

Cymruambyth and myself both have threads where the CCA is not legible - you might like to take a look at those

Also you should take personal details out and get the CCA posted

All the best

Thanks, despite having read so many threads and good advice here, I will still be asking a lot of questions I think!

Ok well I think I might leave it then as I have given them plenty of opportunities and requests to supply this information anyway - fight them in court it will be!

Thanks for your comments!

Ok well I've put in an embarrassed defence as the claimant has not provided any documentation despite my request under CPR. My defence was confirmed by the court

I am going to send the following letter to them in response to them informing me that they are going for SJ.

dear sir/madam....

I acknowledge your last letter dated 30th October which I received 6th November. In this letter you say that you are awaiting receipt of copy statements from your client. In another paragraph of your letter you say that you will be applying for Summary Judgement in this case. You are clearly acting with complete disregard to CPR.

In the Particulars of Claim, you refer to the following:

• Monthly Statements –I never received monthly statements and you told me in your last letter that you did not have any copies
  
• Agreement (credit agreement) – you are yet to provide me with a true copy of the credit agreement that you claim exists for this case and it is my belief that you do not have such a document
  
• Default Notice – you haven’t provided me with a copy of this despite my request under CPR. I deny that you sent me one and that one exists
  
• Notice of Termination - you haven’t provided me with a copy of this despite my request under CPR. I deny that you sent me one and that one exists
  

What you did send me in response to my request for information were details of someone else’s account with an entirely different account number and balance to the ones quoted in the claim.

If you were able to provide me with all of the documents referred to in the Particulars of Claim, I would be entirely willing to enter into a payment arrangement with you without the need to go to court. These documents will show us all the validity of this claim and will verify (or not) that the amount you are claiming for is accurate

I look forward to your response.

yours faithfully

A waste of time?

Thank you BB, am I right in thinking that the court will inform me of SCM's application of SJ and that there will be a hearing date for this?

F

This thread is aimed at people who maybe in a similar position with Cap One and friends

Back in late 2008, I sent a CCA request to Capital One to which they eventually replied with a document not containing my signature. They covered this by informing me that they do not have to provide me with this as long as they have sent me the agreement itself !

As I have sent quite a few of these CCA requests out, in my opinion, if they've got a signature attached to an agreement, they are going to send you it.

I was also concerned about the APR on the agreement they sent me - I seemed to remember a big advertising campaign at the time that was proudly quoting a different APR than that quoted in my 'Agreement'. These two things led me to believe that Capital One did not have a signed agreement relating to this account.

I then sent them the usual account in dispute letters to which they responded in the expected way of passing the 'account' on to Fredrickson's. I had a couple of phone calls and I told them that Capital One do not have any agreement for this account (it is not generally advised to speak to these muppets of course) and backed this up in writing. They then passed the account on to Bryan Carter who sent me a few official looking documents - one was an 'ADDRESS VALIDATION' card... 'oh my God they're coming for me' was the desired response!

Bryan Carter then sent me a letter saying that the matter was going to court and that if I didn't tell them what my defence would be then they would go for the costs anyway.

I sent them a letter saying that I could not and would not tell them what my defence would be to a claim that may be made in the future and that does not yet exist. I also told them, in writing, that an agreement for this 'account' does not exist.

Some weeks later I received a letter from Bryan Carter telling me that no further action will be taken... so bye bye Bryan, was nice knowing you...

Then a little later a letter from Cap One saying '... this account is once again being handled by us, could you please make your payments to us...' yeah right!

In summary ... Capital One are not very good at keeping agreements in my experience and will falsify if they can't find it!

And as for Bryan Carter... bully tactics and when challenged they retreat.

I am sharing this as I have received lots of help on this site and want to give what I can back.

Framboise

Post 222 Says 'Original Documents must be provided on the day'

I like that bit !!

got a letter today from SCM - it says 'we are still awaiting receipt of copy statements'

It also says that they will be applying for summary judgement if this cannot be settled by me agreeing to pay the full balance or negotiate an offer.

So - no default notice or termination letter, an illegible document they claim is an agreement, a single page of a statement which is clearly wrong and is different to one that I happened to find in my house of the same date (neither show any actual transactions), a letter which quotes a different account number and balance and says that 'copy statements will follow' and now a letter which tells me that SCM still are unable to send me the documents that support this claim and BTW we're going for SJ !!

Well maybe they're just not used to people fighting their corner or this approach is working for them on the whole... who knows.

At least I now know to expect their SJ application

True copy means a copy of the original... surely ? They would not send you the original, this would be very stupid of them!

Are they telling you that they may not have the original? Could be interesting if it goes to court... makes it harder for them:)

That's what it looks like they've done, though why they would do such a thing beggars belief! The 'statements' just don't make sense either. This with a catalogue of other blunders on their part, for which I have the evidence!:)

Got a response from the court... acknowledging defence, telling me to await direction etc...

Been doing some digging for old documents etc and found an old statement - when I put this next to a so called 'copy statement' that **** sent me a little while ago the numbers do not correspond at all! Its a right mess! Transactions that I don't recognise for different amounts on the same date on each 'copy'...

Defence is in...

Will phone the court tomorrow to check as suggested.

Do I send anything to SCM? (not that it will get far at the mo!)

F

Acknowledged service on 28.09 so 28 days later is Monday 26th of October. I will get my defence in on Thursday of this week, 22.10, just to be safe.

Thanks for the help and support

F

Ok thanks DD, very helpful as ever...

I think I am just concerned that they will try to have my defence struck out and go for SJ and am being a bit over-keen to get my arguments in!

Thanks again

ok so here is the standard embarrassed defence...

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

I am thinking of editing paragraph 3 so that it reads...

3. No documents adequately supporting the claims within the particulars have been offered, despite a request for information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery. In response to this request, the claimant has sent details relating to another account number and balance than that quoted in the claim. The claimant has also sent some documents which are illegible with no reference to what they are within the correspondence. The documents sent by the claimant do not appear to relate to this claim and as a result I cannot plead in defence to the claim.

Do I risk overcomplicating this when it is not necessary?

F

Thanks... yes I have been following your thread with interest!

Can anyone help with this...

SCM have sent me the following in response to CPR 31.14:

*A very poor copy of what they allege to be a CCA - the same one that is towards the beginning of this thread (almost invisible)

*A copy of some terms and conditions not associated with signed part

*A covering letter with a new account number (different to the one on the claim) and a different balance.(they got it wrong)

Should I still enter an embarrassed defence saying that the quality and accuracy of the documentation is wrong and incomplete (no copies of DN or termination, statements...)?

Should this thread be moved to a different forum now?

F

Another letter today dated 9.10.09, 4 days earlier than the letter received yesterday!

Here is a copy of an 'agreement' very poor copy of something I cant even make out and the letter quotes a new 'account number' I have never seen before with a different balance (a lot lower than the amount claimed!)... further stupidity and gross incompetence from our friends SCM.

SCM are incompetent and devious... looks like they are sending letters with dates that are well behind when they actually send them and they have made errors with 'account numbers' and 'balances'

As you say babybear, 'enough rope'. I dont even need to give them the rope!

I will go ahead with my defence and wait for direction from the court.

F

SCM have written acknowledging my letter (CPR request for info) and unsurprisingly have ignored the request and said that they will use CPR 3.4 to strike out my defence as having no merit. (which I haven't written yet!)

They have also offered to settle out of court reserving the right to show the letter when the question of costs arises.

The letter is clumsy in the way it is written and starts by saying 'our letters must have crossed in the post' ! How will they have known this prior to posting it ?!!... lets hope they keep applying this level of stupidity to the rest of their dealings!

any thoughts anyone?

F