court claim from Robinson Way / Cap One

[linz2011]

here is the agreement again

CCA Cone.pdf

[caro]

Is there another side to the agreement?

 

Also the default notice and notice of assignment.

[linz2011]

No it is just one sided

[linz2011]

Should I reply to the letter or just send in an amended defence?

Thanks

[caro]

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

 

Should I reply to the letter or just send in an amended defence?

Thanks

 

Do you have enough info to amend the defence? If you are happy with your defence then leave it as it is. If you think it needs beefing up in light of the documents you've been sent, then you should amend it, but it's up to you and not Robinson Way.

 

Have they offered you a reduced amount for a full and final settlement if you withdraw your defence? I'm inclined to say don't bother answering the letter.

[linz2011]

Hi

They sent me a letter enclosing a copy of that application form a default notice template (not populated with my details) and a copy of notice of assignment but on plain paper no heading and asked me to withdraw my defence - however, the defence I put in was a holding defence and I do not know if I should amend it

Thanks

[caro]

I'll try and muster someone better equipped to advise.

[linz2011]

Thank you so much - appreciated

[steven4064]

The fact that it is a copy of an application form does not necessarily mean they have not complied with the CCA as quite a few CC companies have a dual purpose application form and CC agreement. What they need to enforce the agreement is a single document with your signature and the prescribed terms - credit limit, how monthly minimum payments are determined and interest rate. Without that, they should not be able to enforce the agreement. They should also have provided you with a statement of account and with a copy of any notice of assignment.

 

THey ave to be able to prove

that you owe them the money

that you owe them the money

that you owe them the money

[linz2011]

Hi

Thanks - I received a list of account balances but not copy statements and a copy of a default template (no details filled in) notice of assignment not on letter head and a letter asking me to withdraw my defence

[Desperate Daniella]

Hi Linz,

 

That is a very strange looking 'agreement'. Capital One in the early 2000s were not putting the prescribed terms on their agreements/application forms, so if their earlier forms were actually compliant with the CCA 1974 why would they change them to ones that weren't.

 

Is that CREDIT AGREEMENT .... really that close to the black heading saying Credit Card Account Agreement? It looks very squashed.

 

Apart from giving an address to write to about Marketing material I can't see their full name and address on this. I think that needs to be on any agreement? I'm sure someone else will advise.

 

The financial and related particulars have all the interest rates, etc. as far as I can see, but that whole paragraph looks as though it has been lifted from a separate document. It makes several references to 'overleaf' and you must ask for a copy of this, as well as a copy of the Default Notice they are saying was sent. A blank one will not do.

 

Personally I would also state that you wish to visit their offices to view the original agreement as they will be relying on this in Court.

 

I also think you should start a new thread headed "CAPITAL ONE - Urgently need 'agreement' from 1998 or close date." If you put the link here we can keep bumping it. It's always very useful to know what other people have been sent.

 

For example, the MSDW cut and paste applications are hysterical - two applications in exactly the same style and signed on the very same day have a different number of questions - so it would be helpful to know if Capone are doing something similar.

 

DD

[linz2011]

Thanks for this - I have read that there has been 'manipulation' of credit agreements - they have until the 2nd July to complete the AQ and pay the fee otherwise it will be struck out so I will wait till then and if they do pay and submit the AQ I will send them a letter

[Desperate Daniella]

I meant to say also that I think it's interesting that they want you to withdraw your Defence? Why would they want you to do that if they think they have a good case?

 

I think you are right. Hang on and see if they pay the fee.

 

DD

[linz2011]

Hi all STRUCK OUT for none compliance!

 

Thank you for your help - another one bites the dust several to go but winning

[the main man]

Congrats and well done!!

[The GodMother]

Oh congrats.

[linz2011]

Hi all

 

This was struck out and now they have applied to have it reinstated and have received an hearing date for the 15th October (90 minutes allocated) - just really need some help - I only have an holding defence in at the moment and really could use some help with pointers for the hearing and errors in the paperwork

Thanks

[seniorservice]

Hello again Linz.

This is typical RW - what grounds have they given for the reinstatement?

[linz2011]

Hi

 

It doesnt actual say it just says following the claimaints request this claim is reinstated and AQ and fee needs to be submitted before the 16th September which they have now done and the hearing date has been allocated

 

Thanks

[seniorservice]

I think you should ask the court for a copy of their application and AQ first to get an idea of RW's position. As has been said before, it's up to you whether you amend your defence in the light of the documents they have provided or just go with the one you have already submitted.

It seems that you've got the standard old-style Cap One application that they say is the agreement but doesn't have any prescribed terms and there is a lot of doubt about the legality of the assignment and of course, no default notice.

What RW are doing makes a nonsense of court procedure - they have had their claim struck out back in July due to non-compliance and now they think it is OK just to ask for it to be reinstated (and have it granted). You don't have such luxury - if you didn't submit the AOS or AQ on time they would have had obtained judgement by default. Trust you will bring this to the Judge's attention at the appropriate time.

Hope this helps

 

SS

[linz2011]

Hi

My court date is on Friday I have received all the papers from the court it is Robinson Way Limited and it has been completed by Horwich Farrelly and they have asked for an order that:

1 The defendants defence be struck out and/or

2 the claimant do have summary judgmenet against the defendant pursuant to CPR Part 24

 

Because the defence discloses no triable issue; and the defendant has no real prospect of defending the claim for the reasons set out in the witness statement of xxx dated xxxand there is no compelling reason why the case should be disposed of at a trial.

 

They have included a business sale agreement dated 25/9/09 Robinson Way & Company Ltd (as seller) London Scottish Bank plc (in administration) London Scottish Computer Services Ltd (in administration) The Administrators Robinson Way & Company 2009 Ltd (as buyer)

 

Also included is a companies house letter showing Robinson Way Limited details along with notice of assignment and copy of the application form.

 

Really confused as to where I am going with this so any help is greatly received! thanks

[linz2011]

BUMP - thanks

[cymruambyth]

Does the business sale agreement have 2 different dates, not sure what this means but....

Do you have an application form from Cap1 with no t&cs?

I am igorant on this but think you need to go through the WS and put your own arguments, with CCA or case law in support to counter their arguments.

Do you have a DN, notice of assignment? Have the court had any documents to notify of change of name?

Sorry if these questions have been answered earlier, just looking at ideas.

[linz2011]

Hi

No there is just one date on the business sale

No DN application form and T&C's on separate sheet

No documents to the court about change of name

Yes there is a notice of assignment

THanks

[cymruambyth]

I would press the triangle for help!

I am trying to think of your best way forward, but will be guessing and may point you in the wrong direction.

 

Donkeyb and gh are both on line and may be able to help if you PM them.