Stat Demand From Hamptons/cap 1

[42man]

Submitting costs now will be fine !! the credit is all yours (especially as you probably didn't have a great journey !!)

[e28bigalbexley]

i know i may be a bit early on this but am i getting near the time when i can send them a CPR request.

One of the reasons i wish to know this is while reclaiming my penalty charges from them a couple of years ago, i noticed they had been taking ppi charges every month and as my application form shows (post 4 i think) i ticked the NO box, which was October, then in december they started taking PPI payments. Not that i would claim for it now (not sure if i can) but would deffo go for it once this bit has been cleared up.

 

 

Al

[Shawn0109]

If it was me I would try and claim it back, hopefully if this thing gets set aside which I'm sure it will maybe it would be best to let it go but that is a choice for you to make, just relax yourself now you have done all you can and more so, just wait till you get the letter from the court confirming your hearing date, it's even the same at Liverpool County Court I am sure that all the District Judge's there are getting a bit sick of all this as they are around the country, keep us all posted on any further developments on your case.

[42man]

Unfortunately you can't send a CPR request (did you mean SAR ? Subject Access Request ?) CPR only applies to the civil courts/rules, unfortunately as yours is a stat demand it is governed by the Insolvency Laws, and as far as I know they don't apply. I think possibly in a set aside/bankruptcy case you could request the judge 'order' the other side to produce the documents if the arguments were relevant.

 

As for the SAR, you can send this at any time unfortunately this costs £10 (send postal orders and send recorded/guaranteed) with the letter below, they HAVE to respond to your request within 40 days.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[e28bigalbexley]

Thanks 42 Man.

I shall get that off in the next couple of days and see what it brings.

Blimey a tenner, Must be inflation, last time i did one it was a fiver i think.

Oh well either way it well worth it.

 

Cheers

AL

[e28bigalbexley]

Hi All

Quick update, no news from court re set aside have phoned them but they have a massive backlog of cases.

On a brighter note Hampots have sent me a nice letter offering to reduce the amount alledgedly owed by about £1600 leaving £800 approx for full and final settlement. Do you think since i sent them a CCA request (and pointing out that the request i sent Cap 1 over 2 years ago is still unfullfilled) they may be getting cold feet and are now clutching at straws trying to recoup anything they can.

 

AL.

[e28bigalbexley]

hi all

was going to compose a letter to hamptons/lowell that i got friday on reading it properly its was dated 12 feb and i had to reply by the 18th but due to their sending it second class post i never received it till the 20th so that was a pointless communication was it not. Is this an attempt to make themselves look good in the eyes of the court if it gets that far? I have kept the envelope.

 

Ta. AL

[e28bigalbexley]

Hi all

sorry havent updated this been very busy.

Went to court early July and meet with Hampton/Lowels rep, i just listened he said we could sort this out before going in to the court and he explained how serious bankrupcy was and that he was going to push for the court to grant the SD. So with that i brought myself a coffee and waited to be called.

I met the judge (nice lady) and introduced myself and the guy from hamptons.

She understood i was a LIP and said that if i did not understand any of the proceedings to ask her to explain it laymans terms.

Hamptons kicked off saying i owe this much and had ignored all letters from Cap 1 and DCA's and they feel they have done all they can to get me to pay.

She asked for my side of the story i said i had been trying to get a copy of the original CCA and t&c's for almost 3 years to no avail just a copy of the application form, i showed her a copy as Hamptons bloke had no paperwork:grin:, she looked at the application form and said it did have a boxed section headed CCA 1974, but i pointed out that was so they could do credit checks ect. i also added there were no prescribed terms on the application form (the hamptons guy chipped in with 'I disagree, this is a executed agreement') to which i asked him to show me the rate of interest term, the credit limit term and my discharge of obligations term, to which he looked quite glum:(. The judge did point out that the form did have Application Form written quite clearly in big letters and said it was obviously not a regulated agreement just an application form.

I then pointed out there were unlawful charges on the account and that the PPI box had been quite clearly ticked NO (and i was in a job where if i was sick/disabled/or died i was covered by my employer)yet they had continually taken payments for it. I handed the Judge a spreadsheet listing all the payments for ppi and interest added by Cap 1 (totals nearly £2000 with contractual interest added) she studied it for a minute or so and then looked up at the guy from hampots and said 'I find the use of SD's in cases such as these an Abuse of Process and she told the guy to relay her message back to hamptons/lowells as soon as we had left the court.

She then asked me what i wanted from Cap 1, i said i would ask for disclosure of the Original Agreement, Default notice, Deed of assignment, and written proof that i asked for PPI.

So she made an order to that effect (they have 42 days from 4th June to get the documents back to the court) then its back to court in September.

I asked for cost but i think she said she had reserved them till next time.

Anyway thanked her and got up to leave but she asked guy from hampots/lowells to remain.

So am now looking forward to September.

:grin:

AL

[42man]

Well done....i'd say that they have possibly committed fraud by adding PPI payments when you had ticked the 'No' box...if so i'd say that the whole contract is tainted anyway......keep us posted, when you go back to court, you should get your costs....