court claim from Robinson Way / Cap One

[linz2011]

Please can someone check this one out for me please

 

Many thanks

CCA Cone.pdf

[Struggling_Simon]

Where the overleaf? If not sent, not compliant.

[The GodMother]

I say no compliant as it is a short applicantion form.

 

Chrissi

[the main man]

Well I have to say that is the first one I have seen where Cap1 have provided something that has the financial and related conditions included on the front page, maybe wrong but seems a bit sus to me?

[creditcardmug]

it looks even worse than the one they just sent me, but im sure the site helpers will be on soon to check it out for you. ive just sent them a very stern letter making it clear that what they sent me is unacceptable

[linz2011]

They only sent me that one sheet of paper?

[rory32]

This is an application so I would always argue that under s59 of the CCA it is void (an application is a pre-contractual document). I am struggling to read the small print which has some APR on it, I can't tell if there are any other prescribed terms and I can't read all the words relating to the APR.

[Guest Old_andrew2018]

Hi

 

Any up dates

 

Regards

 

Andy

[linz2011]

Hi all

I have now received a court claim from Robinson Way they have sent this application form as the CCA, a statement of account, copy of default and copy notice of assignment. They have asked that I accept liability and withdraw my (holding) defence.

Help appreicated as not sure it is a valid CCA or not - also they have not sent copies of the statements just like a monthly breakdown from 1999 to 2007

Thanks

[ScarletPimpernel]

Moved to Legal Issues as requested.

[ScarletPimpernel]

Can yoyu scan in the default notice, suitably anonymised?

[seniorservice]

Can we also see the notice of assignment as there is some discussion going on about the validity of these in the light of the winding up of RW & Co Limited and the alleged transfer of assets to RW Limited.

By their cheek in asking you to admit liability and withdraw your defence, presumably the solicitor is Horwich Farrelly (reference AYS)?

 

Thanks

SS

[linz2011]

just trying to scan :/

[linz2011]

However that said

The default is a template (nothing filled in) and the notice of assignment is not on letter head and is very basic

I send the standard holding defence - do i need to send an amended defence and i have to have the n150 AQ back for the 22nd June - any help appreciated (it is horwich farrelly)

Thanks

[seniorservice]

Who is the assignment between - CapOne and Robinson Way & Co Ltd or CapOne and Robinson Way Limited? Could be very important to your defence.

 

SS

[linz2011]

Cap One and Robinson Way & Company Ltd

[seniorservice]

Presumably the claimant is "Robinson Way Limited assignees of Capital One"?

If so, the assignment letter you've got relates to the transfer from Cap One to the previous company, Robinson Way & Co Limited which was wound up on 14th October 2009.

Robinson Way Limited is a new company which has no relation to RW & Co Limited (different company registration number, registered office and Consumer Credit Licence).

You'll have to get them to explain how they come to be the assignees of an agreement that they admit has been assigned to a completely different company to the one in the letter. They'll have to show that both parties have told you of the change which may prove difficult as RW & Co Ltd no longer exists.

Hope this helps.

 

SS

[linz2011]

Thanks thats great SS

 

Would really appreciate help with a letter to them, an amended defence and more importantly completing the N150 AQ

 

Thanks

[linz2011]

Bump

[linz2011]

Hi could really do with some help with putting a letter together to these and also with the amended defence

 

Thanks

[linz2011]

Hi

 

Anyone? thanks

[Old Cogger]

Hi could really do with some help with putting a letter together to these and also with the amended defence

 

Thanks

 

 

 

Bump?

[caro]

Did you get the AQ in on time?

 

Ideally you need to post up your documents if you want advise on your defence. This thread should help you decide on whether or not the docs you have are valid.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747470

[Desperate Daniella]

Hi Linz,

 

I've just tried to open the file of your "agreement" but it's saying it's damaged. Can you post it again, please. I've seen many, many Cap One agreements and the ones before 2006 are unenforcable so yours sounds like a cut and paste job, but it's difficult to say without seeing it.

 

DD

[linz2011]

Hi I did manage to get the AQ in on time - I have received a letter from court saying the claimant has to submit their AQ with fee by 2nd July or it will be struck out

I am having trouble scanning the documents but I will keep trying

Thanks for your help