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Phantom943

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Everything posted by Phantom943

  1. Success of sorts claim discontinued. Hopefully the last we will hear of this one.
  2. Received a letter today from Northampton, Dated 12/01/2017 to be actioned by 30/01/2017; Notice of Proposed Allocation to the Small Claims Track and the associated questionnaire. Seems our friends want to pursue this matter a little further. Not quite what I was expecting but there you go. Completing the questionnaire appears straightforward enough, my question would be what else do I need to do now in preparation just in case this does go to court? Many thanks.
  3. Many thanks for the replies. Defence as per DX's post submitted online today. Lets see what happens next. Thanks a gain.
  4. Received a phonecall last week from BW Legal, as i dont do phone calls with anyone unless absolutely necessary nothign was actually discussed. Received today a county court claim, which probably explains the phone call. A very old O2 Account which in essence was not paid due to being made redundant in 2010. I cannot be exactly sure of the dates but last payment would of been made around July/ August time 2010 if not even earlier. Attempted to come to an arrangement with O2, to no avail they eventually closed the account added an early termination fee and never heard anymore from them. I provide details of the claim etc below any advice woudl be greatly appreciated: Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 08/12/2016 Date to acknowledge) = 26/12/2016 Date to submit defence = 09/01/2017 (33 days in total) What is the claim for – the reason they have issued the claim? 1.The Claimant's Claim is for the sum of £ 2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory ineterest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per anum ( a daily rate of £0.11 from the date of assignment of the agreement to xx/xx/2012 being an amount of £ What is the value of the claim? less than £700 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone Account. When did you enter into the original agreement before or after 2007? After. 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. Lowell Portfolio 1 Were you aware the account had been assigned – did you receive a Notice of Assignment? No. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Made redundant and disputed account due to unexplained charges and costs. What was the date of your last payment? Estimated prior to June 2010 but definately no payment after September 2010. Was there a dispute with the original creditor that remains unresolved? Yes, challenged regarding charges added to account and refusal to accept payment plan offer. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes. Original Creditor was offered monthly payments but demanded payment of account in full and early termination fee.
  5. Crafty bunch, they simply ignored the CCA, then issued a reduced fee offer, then stated that they had received my defence, no defence sent just the CCA, another offer of 50% reduction. Bored with their games emailed them and asked why they had failed to repsond to the CCA request etc. As if by magic and what appears to be pretty standard now they discontinue the claim. No doubt it will get passed on again for soemone to try ttheir luck.....
  6. I have trawled my documents and found a number of items relating to this account, in short the account does appear NOT to be time barred its short of around three months. But here's a run down of the history of the account to date: The last payment on the account was 20/04/2010. Cap 1 Then sent a "STATEMENT OF DEFAULT" dated 07/05/2010 and closed account letter. On the 09/05/2010 Debitas were instructed to collect the outstanding balance. Between May and October / November Capquest were also chasing this account. I have one letter only from Debitas and one from their solicitors threatening court action nothing further was heard from them. Capquest were subject of a complaint and in November wrote saying "due to the nature of your dispute, Capquest have made the decision to close the above referenced account and return it to Capital One in order that they may assist you further.. . Please accept my apologies for any inconvenience this matter may of caused you. I am assuming from memory this was because there were two DCA's attempting to collect on the same account at the same time. On 07/04/2011 a Final Demand was received from Credit Solutions, no other correspondence has been found from this organisation. I have found no other correspondence from anyone until: 08/05/2015 Capital One wrote with a "Statement of activity" this seems to indicate Capital One still had the account. The next letter i have found Dated 22/10/2015 is from Cabot Financial telling me they would like to help take some positive steps to repaying my balance. Whilst i cannot be sure this and a follow up letter dated 19/11/2015 are the only one's received from Cabot. I have not been able to locate any notice of assignment and i cant remember ever having received one though Cabot make it clear in thier letters they are the current creditor. I have not since dealing with CapQuest entered into any agreement or dealt with any of the organisations in writing at any time.
  7. Thnks that makes perfect sense Will edit the info later today and post it up. In short It looks like this is less than six years by around three months.
  8. As indicated earlier in the thread i havent a clue when the last payment to Cap 1 was made and there is no record of the account on Noddle which woudl suggest to me it was a good few years ago.
  9. Thanks for the advice so far. I have acknowledged the claim and intend to defend, what is my best approach going forward compiling my defence please?
  10. No there are no payments showing and no record of the account on the credit file (Noodle) only the stuff that Cabot have entered, i haven't done anything with it as yet as i wanted some advice before completing the form. Many thanks
  11. Will do, just going through paperwork now to see if i have any records of this account. Many thanks. Just a couple of more details i got from from credit report: It appears that Cabot have made an entry: LENDER BALANCE UPDATED STATUS Cabot Financial (Europe) LTD £ XXX 31/12/2015 Default Account type: Credit Card Account number: ****2932 0 Account start date:16/06/2005 Opening balance: £ xxx Repayment frequency: Monthly Date of default: 07/05/2010 Default balance: £ xx
  12. Name of the Claimant ? Cabot Financial Date of issue – . 06/01/2016 What is the claim for – the reason they have issued the claim? 1.By an agreement between Capital One and the defendant on or around 16/06/2005 ('the agreement') Caital One agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due and the agreement was terminated. The agreement was assigned to the claimant. 2. THE CLAIMANT THEREFORE CLAIMS 6xx.xx (note there was no £ sign on the claim form just numbers. What is the value of the claim? £800 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? 2005 according to the claim. 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. Cabot Financial. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to the best of my knowledge. Did you receive a Default Notice from the original creditor? Not that i can recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Significant financial difficulties. What was the date of your last payment? Not Known Was there a dispute with the original creditor that remains unresolved? Cannot remember. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As far as i can recall Cap One would not agree to any payment plan, but i cannot remember as dealing with so many organisatiosn at the same time many years ago.
  13. I received a Northampton generated claim form on Friday for an old capital 1 credit card debt. The total including court fee and legal costs comes to some £800. The claim has been issued by Dryden via Cabot, both of whom i have no direct dealings with but have in recent months received threatening letters and demands for payment etc, i have not acknowledged any of them. The claim states that this account was opened in 2005 and i have failed to repay. I cannot recall when this account was last used but it would of been some considerable time ago and i would imagine around 2007 at the latest. I have obviously to do something with the claim form within the time allowed. I'm minded to defend the claim as i would imagine it was subject to fees etc. At around that time i was in serious financial difficulties and battling to save the family home so i have little doubt the money or at least part of it may well be owing. What is my best approach to this and how do i determine if this is too old to chase. I have looked through a fair few threads but must say im a little overwhelmed by the sheer volume of information and threads so don't want to jump in and go down the wrong route. Any assistance would be greatly appreciated.
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