So scared and don't knowwhat to do next. Robinson way have issued a CC claim against me

[amber2508]

Im sorry I have not read all the details of your thread if you can confirm what the debt is P loan C/C also if you can post up the claimants P.O.C to refresh things.What are you basing your defence on?

Couple of questions to consider in drafting your defence have you recieved a Default note/Notice of Assignment LBA

If you can provide the above Amber im sure we can submit something suitable before next Tuesday

 

Regards

 

Andy;)

The particulars of claim:

The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained.

 

Paul has said the POS is not very good on their part btw.

 

Never recieved default (well not that i've seen). Most definately never received an LBA. I don't know what a notice of assignment is but don't recall ever receiving such a thing with those words written on.

 

It's a Capital one credit card. Just a bit over 1k. of which 6 or 7 hundred of the balance are charges.

 

hth

[AndyOrch]

Ok yes the P.O.C is vague to say the least.Simple to dispose of amber..

NoA notice of assignment is when the original creditor has sold your debt ie Robs way this entitles the DCA to issue the claim in their own name and have all rghts to your claim.The claimant is Robs way and not Cap1

 

Regards

 

Andy

[AndyOrch]

The reason I mention the Default Notice If penalty charges have been included in the DN and you received it? Then, you can challenge their legal right to terminate the [alleged] a/c on the basis of a legally invalid DN. If it wasn't received, then they don't have ANY legal right to terminate or register it with the CRA, as they don't in the above situation either. The DN issue would be one of a number of the issues I have discussed to jeopardise their case!:grin:

 

 

Andy

[amber2508]

Oh eck i'm confused.

 

All i know is that one minute Capital one were writing letters to me about the debt, then R/way were. R/way have definately never sent me a default btw. I was paying R/way (through Horwich Farelly), at £10 a month for ages and i missed 2 payments just the past couple of months. They never sent any letters saying you better pay up or else, infact the last letter was only a few days before the court claim landed on my door step, which was just thanking me for my payments.

[AndyOrch]

Nothing to concern yourself Amber whos name is on the summons as the claimant?

[questioning]

Hi Amber,

Have you worked out the exact amount of charges that have been applied to this CC? If so did you use one of the spreadsheets available from CAG.

 

The default notice would have been sent to you from CAP 1.

A notice of assignment should have been sent to you from Cap 1 saying who they had assigned the account to and a letter from who ever it was assigned to (Rob way wasn't it) should then have been sent to you which would have been to introduce themselves. How ever these are not always sent.

Do a search on these things Amber and it will help you understand what they are, their importance and why a lack of them being received will be part of your defence. There is lots of info on these subjects on the forum, have a read and you won't be so confused.

Have a read of the many holding defences on the forum, it will show you the sort of thing you will be submitting.

[amber2508]

Nothing to concern yourself Amber whos name is on the summons as the claimant?

 

Robinson way & co ltd (Assignees of R/O Capital One)

[AndyOrch]

Ok all I am trying to establish is the mechanics of the claim.You should have been notfied by Cap 1 that the debt had been assigned to Rob way otherwise how are they going to demonstrate to you and prove to the Court that they are the legal owners of the [alleged] debt? In short, they can't!

With regards to the high level of unlawfull charges involved in the claim I would advocate you makeing a claim against them, you really should do it during these proceedings. Always better to be on the receiving end of a claim, than have to pay all the fees if you issue one! Also, the burden of proof rests with the person who raises the claim, so in essence, the Claimant must prove everything they have asserted in their case, which you can use to scrutinise and pull their case apart! It's true that your case is much much easier to deal with if you are the Defendant!

 

 

Regards

 

Andy

[questioning]

Amber,

I've just read your opening post.

You say you have other debts building up & that your overdraft facility has been removed,

Have you started to get to grips with the other debts or are you still ignoring them, (by the way I ignored mine too, stuffing them into a box or even shredding them)

If you are still ignoring them then I would say that you would get alot of help and support from national debt line. You could give them a ring, I think some of their advisor's have been in debt themselves, there is no need to worry that they won't understand, they will.

You could also get an appointment with your local CAB.

I'm not saying this is what you should do I'm just thinking its an option which some people find very helpful. It might give you a different angle on the best way to proceed with your other debts, just a thought.

Please excuse me if you have ventured down these paths already.

[AndyOrch]

Q

 

I appreciate you are trying to assist Amber however if we can just stick to claim in question for now im sure the poster would appreciate your advise when this defence is drafted which is what im in the middle of trying to achieve.

 

Andy;)

[amber2508]

Ok all I am trying to establish is the mechanics of the claim.You should have been notfied by Cap 1 that the debt had been assigned to Rob way otherwise how are they going to demonstrate to you and prove to the Court that they are the legal owners of the [alleged] debt? In short, they can't!

With regards to the high level of unlawfull charges involved in the claim I would advocate you makeing a claim against them, you really should do it during these proceedings. Always better to be on the receiving end of a claim, than have to pay all the fees if you issue one! Also, the burden of proof rests with the person who raises the claim, so in essence, the Claimant must prove everything they have asserted in their case, which you can use to scrutinise and pull their case apart! It's true that your case is much much easier to deal with if you are the Defendant!

 

 

Regards

 

Andy

I don't ever recall Cap one sending a letter stating they had given the debt to R/Way. The only thing i have ever had from R/Way is payment demands and general nastiness.

 

How do i counterclaim if i have already clicked on defend all of claim and not counterclaim on the moneyclaim site?

 

Do i have to pay to defend the claim btw? Or does i only have to pay if i am counterclaiming?

 

Thanks

[creditcardmug]

Amber you dont have to pay anything, stick with andy he is drafting your defence now, he wont let you down i guarantee it.

[AndyOrch]

Thats fine

 

You will submit a Part 20 CC along with your defence which i will prepare for you this is simple to do vis a vis MCOL.Dont worry about costs they will be negate compared to the final claim.You dont pay anything at this stage or at all if the defence works the claimant will discontinue and run for the hills

 

Andy:)

[blind-as-a-bat]

Sorry to but into your thread amber2508 but can i just ask Andy to have a look at this thread please http://www.consumeractiongroup.co.uk/forum/legal-issues/159177-bankruptcy-imminent-i-have.html Is there anything this OP can do?

 

Sorry to intrude

[AndyOrch]

Amber

 

I will prepare your submissions for Friday this week for you to input via MCOL.You will need to calculate your penalty Charges/admin charges etc and have an exact figure along with 8% interest ready to input with my statement.

Try not to worry in the meantime easy i know for me to say however it really is counter productive and serves no purpose.

 

 

I trust the above is of assistance in this matter

 

 

Regards

 

Andy

[amber2508]

Amber

 

I will prepare your submissions for Friday this week for you to input via MCOL.You will need to calculate your penalty Charges/admin charges etc and have an exact figure along with 8% interest ready to input with my statement.

Try not to worry in the meantime easy i know for me to say however it really is counter productive and serves no purpose.

 

 

I trust the above is of assistance in this matter

 

 

Regards

 

Andy

 

Awww thank you so much your a diamond. You've all been so helpful to me on here, i am so so grateful.

[AndyOrch]

Defence

 

The Defendant admits that in or about XX/XXX/XXXX (he/she) entered into an agreement with Capital One and which was an agreement regulated by The Consumer Credit Act 1974 (The Act).

 

The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of Agreement/Account numbers upon which the cause of action is based.

 

The Defendant has no recollection of and makes no admissions regarding the precise purpose of the agreement or of its terms, conditions and other provisions or what would constitute a breach thereof. The Defendant denies that the agreement was a properly executed agreement and denies committing a breach thereof.Notwithstanding the matters pleaded above, the claimant must under section 87(1)also sections 76(1) and 98(1) of the CCA 1974 serve a default notice before they can demand payment under a regulated credit agreement.

 

Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

The documents described above were the subject of a request pursuant to Section 78 of the Consumer Credit Act 1974 and CPR 18 request

 

It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate

 

It is denied that Capital One served a default notice upon the Defendant, alternative a default notice complying with the provisions of section 88 of The Consumer Credit Act 1974.

 

It is admitted and avered that since the termination identified above,capital One have made demand of the Defendant for the payment of money the subject of this claim.

 

Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers the incorporation of such claims is penal and unenforceable at law.

 

Further and in any event, by reason of the matters set out above and the requirements of section 87(1) of the Act, the steps taken by Capital One hereof were steps which Capital One were not entitled to take.

 

Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970

 

In the circumstances the facts and matters set out in the Particulars of Claim do not give rise to an entitlement to claim any of the relief now sought by the Claimant.The Claimant’s claim to be entitled to £xxxxxxx to interest or to any other sum is denied.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforesaid reasons

 

 

 

 

 

 

 

Part 20 Claim

 

5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to penalty Charges Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions.

 

6.The defendant/Part 20 claimant refers to As a consequence of the claimants/Part 20 defendants failure and/or refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity.

 

And the defendant/Part 20 claimant claims:-

 

i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement.

 

ii) Damages limited to £5,000.00

iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

There you are one Defence and Part 20 Counter Claim.Let others verify it before your submission and dont forget to print off your poof of input date time stamp after

 

 

 

Regards

 

Andy;)

 

 

 

[amber2508]

Awww thank you soooooooo much Andy for doing this for me. I havn't been able to get online all day and was worried sick that i wouldn't get this defence sorted, due to not being here to give you any information you might have needed. Yet i finally get on here and you have already done everything for me. What a lovely person you are.

 

I have just been having a look through what you wrote and it looks amazing, i could never have come up with anything even remotely like this.

 

They still havn't complied with my cca or cpr 18, it will be 14 days this coming Tuesday since i sent it. They have however sent me a letter (which i got on Wednesday), saying they have acknowledged my request and are working on getting an aggreement to me.

 

I have worked out all my charges which are a quite a few £'s more than i orinally thought. I think this i because i was going off the amount of charges i owe now and not taking into account the ones i have already paid off since having the card. So i will put them into a spread sheet and add the 8% on top.

 

Have to go drop my son off now at his mates for a sleep over so i will be back in 1 hour. I don't know if you will be here by then to reply, so just wanted to thank you again Andy for the brilliant defence.

 

[amber2508]

Amber,

I've just read your opening post.

You say you have other debts building up & that your overdraft facility has been removed,

Have you started to get to grips with the other debts or are you still ignoring them, (by the way I ignored mine too, stuffing them into a box or even shredding them)

If you are still ignoring them then I would say that you would get alot of help and support from national debt line. You could give them a ring, I think some of their advisor's have been in debt themselves, there is no need to worry that they won't understand, they will.

You could also get an appointment with your local CAB.

I'm not saying this is what you should do I'm just thinking its an option which some people find very helpful. It might give you a different angle on the best way to proceed with your other debts, just a thought.

Please excuse me if you have ventured down these paths already.

 

Hi questioning, sorry i missed your post.

I have other debts yes, 1 with Cabot (these are proper nasty to me) and 2 with Blair Oliver Scott. I did have a look at National debt line, but it says you have to be a certain amount in debt to get help from them, which i'm not that far gone as the figure mentioned yet. Tried my local CAB too, they said they can't take anymore appointments for debt and gave me a self help pack which i have to fill in. But like i say i have been burying my head in the sand about it all. Not good i know but it's all gotten a bit overwhelming.

[amber2508]

Defence

 

The Defendant admits that in or about XX/XXX/XXXX (he/she) entered into an agreement with Capital One and which was an agreement regulated by The Consumer Credit Act 1974 (The Act).

 

The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of Agreement/Account numbers upon which the cause of action is based.

 

The Defendant has no recollection of and makes no admissions regarding the precise purpose of the agreement or of its terms, conditions and other provisions or what would constitute a breach thereof. The Defendant denies that the agreement was a properly executed agreement and denies committing a breach thereof.Notwithstanding the matters pleaded above, the claimant must under section 87(1)also sections 76(1) and 98(1) of the CCA 1974 serve a default notice before they can demand payment under a regulated credit agreement.

 

Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

The documents described above were the subject of a request pursuant to Section 78 ofthe Consumer Credit Act 1974 and CPR 18 request

 

It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate

 

It is denied that Capital One served a default notice upon the Defendant, alternative a default notice complying with the provisions of section 88 of The Consumer Credit Act 1974.

 

It is admitted and avered that since the termination identified above,capital One have made demand of the Defendant for the payment of money the subject of this claim.

 

Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers the incorporation of such claims is penal and unenforceable at law.

 

Further and in any event, by reason of the matters set out above and the requirements of section 87(1) of the Act, the steps taken by Capital One hereof were steps which Capital One were not entitled to take.

 

Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970

 

In the circumstances the facts and matters set out in the Particulars of Claim do not give rise to an entitlement to claim any of the relief now sought by the Claimant.The Claimant’s claim to be entitled to £xxxxxxx to interest or to any other sum is denied.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforesaid reasons

 

 

 

 

 

 

 

Part 20 Claim

 

5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to penalty Charges Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges and like provisions.

 

6.The defendant/Part 20 claimant refers to As a consequence of the claimants/Part 20 defendants failure and/or refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity.

 

And the defendant/Part 20 claimant claims:-

 

i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement.

 

ii) Damages limited to £5,000.00

iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

There you are one Defence and Part 20 Counter Claim.Let others verify it before your submission and dont forget to print off your poof of input date time stamp after

 

 

 

Regards

 

Andy;)

 

Hi again Andy or anyone please. I need some more help because i'm just not getting this whole thing at all.

 

1 What is a Part 20 claim.

 

2 How do i do a part 20 claim?

 

3 Do i have to pay for the part 20 claim?

 

4 Do i do the Part 20 on MCOL too?

 

5 Will the above defence fit into MCOL or will i need to make it shorter? Because i read somewhere that you only get so many characters to write it.

 

I have to have his in by Tuesday 16th that is when the 33 days is up. So i need to do this today at the latest, i think. If i don't manage to suss out how to do it all today, will it be ok to get it in for the 16th? I.e, does the 16th count aswell?

 

I've added all my charges up. So just need help with what to do on the MCOL and part 20 thingimajiggy.

 

I've been holding out as long as i can to see if they send me any of my cca or cpr 18 stuff back, that's why it's all right on the last minute. Because it would be a bit presumptious to say they havn't complied, in my defence, only for the items to turn up through my letterbox, if you get where i'm coming from.

 

Sorry about all the questions but i'm having a proper flap now. I realise you must hear that all the time on here but it's true, i am fretting, because it's all so official and intimidating to me.

 

Thank you

[AndyOrch]

Hi again Andy or anyone please. I need some more help because i'm just not getting this whole thing at all.

 

1 What is a Part 20 claim. A counter Claim made as a response along with your Defence to the Claimants claim

 

2 How do i do a part 20 claim? Input via MCOL

 

3 Do i have to pay for the part 20 claim? Not at this stage because its part of the Claimants claim

 

4 Do i do the Part 20 on MCOL too? Yes

 

5 Will the above defence fit into MCOL or will i need to make it shorter? Yes it will fit Because i read somewhere that you only get so many characters to write it.8000 so you are ok

 

I have to have his in by Tuesday 16th that is when the 33 days is up. So i need to do this today at the latest, i think. If i don't manage to suss out how to do it all today, will it be ok to get it in for the 16th? I.e, does the 16th count aswell? 33 days from the date on the summons dont go past this

 

I've added all my charges up. So just need help with what to do on the MCOL and part 20 thingimajiggy.

 

I've been holding out as long as i can to see if they send me any of my cca or cpr 18 stuff back, that's why it's all right on the last minute. Because it would be a bit presumptious to say they havn't complied, in my defence, only for the items to turn up through my letterbox, if you get where i'm coming from.Well they havent responded and they never do to Northampton Bulk Claims

 

Sorry about all the questions but i'm having a proper flap now. I realise you must hear that all the time on here but it's true, i am fretting, because it's all so official and intimidating to me.

 

Thank you

 

 

Regards

 

Andy8)

[amber2508]

"The Claimant’s claim to be entitled to £xxxxxxx to interest or to any other sum is denied."

 

Can anyone explain what the above bit in in the defence (in red), means as i don't undertand it and don't know what interest it is referring too. Could i possibly reword it to say " The Claimant’s claim to be entitled to any interest or to any other sum is denied."

I am actually filling in the MCOL as we speak and today is my last day to get it in, i think.

 

Can anyone tell me if i have got my dates correct? The date on the court form is the 15th Aug and i have 33 days from that date because i acknowledged. I work it out as having to be in by the 16th (tomorrow). So does that mean i can post it on MCOL tomorrow, hence giving me more time). What i mean is. Does the 16th count aswell? Or do i have to get in in by today (15th).

 

Really need advice as soon as poss if anyone knows.

 

Thank you.

 

Amber

[AndyOrch]

Hi Amber Wed the 17th is the deadline.However I would not advocate leaving it till the ultimate incase Northamptons have problems.If you have all your figures ready get it in today and print off your reciepts you will feel a lot better this evening I assure you.

The line I drafted equates to the the summons amount £xxxxxx its fine if you wish to amend it.

 

I will be online most of the day if you require further assistance

 

 

Regards

 

Andy;)

[amber2508]

Hi Amber Wed the 17th is the deadline.However I would not advocate leaving it till the ultimate incase Northamptons have problems.If you have all your figures ready get it in today and print off your reciepts you will feel a lot better this evening I assure you.

The line I drafted equates to the the summons amount £xxxxxx its fine if you wish to amend it.

 

I will be online most of the day if you require further assistance

 

 

Regards

 

Andy;)

 

Awww your such a Sweetheart. I just tried pm'ing you a thank you message for all your help but it won't let me send it to you.

 

Thank you

[amber2508]

Just an update to my thread.

 

I have sent my defence via MCOL. It is accepted and i have printed off the defence and part 20 counterclaim bit.

 

Wondering why i havn't been asked to pay any money though. Because it says on MCOL (before you actually type in anything). You will have to pay for your counterclaim, or something to that effect. But i was not prompted at anytime to pay anything and everything went through okay as far as i can see. Just hope they don't turn round now and say your counterclaim is invalid for not paying or something along those lines.:-|

 

I must admit i did leave this to the very last minute because i was scared of it and all the officialness (is that even a word?) involved and had it in my head i would do something wrong. But it's done now anyway and feels like a huge weight is lifted from me.

 

Do i now have to send a copy of all this to Capital one/Rob Way, along with a copy of the charges shreadsheet?

 

Thank you again Andy and everyone else who's helped me so far.