Urget Help - Robinson Way, Captial One - Summons Recived

[Helpmeoutplease]

Hi I need some help urgently

I have had Robinson way chasing me for an old capital one card debt that totals around 10k, the card way taken out before 2005.

I did have it on a repayment arrangement with them; I missed one payment and received a lot of very harsh calls from one of Robinson ways debt chasers.

Because of this I decided to send them a CCA request, I did receive back some generic terms and conditions that was not a credit agreement. I then put the account in-dispute with the standard latter from this site.

Robinson way continued to chase me for this, I then sent them a letter stating that I wanted to see the singed credit agreement. Robinson way sent me a letter advising that they were forwarding this on to there solicitors.

I have just received an county court claim form from Northampton

The particulars of the claim are:

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

The claimant claims

1. The sum £****.**

2. Interest pursuant to S69 of the county court act 1984 at the rate of 8% from **/**/07 to the date hereof *** days is the sum of £*****

3. future interest accruing at the daily rate of 2.15 4 costs

This is really worrying and I’m not to sure what to do, I really want to avoid getting a CCJ or loosing my house or possessions, do you think I can still negotiate with them to withdraw the claim?

Is there a penalty for trying to defend the claim?

I really could do with some help and advise on this one.

[Ruprecht]

You will need to gather some information before you decide how to proceed. I would start by reading this thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Basically, you need to tell the court you will be defending it all, that way you get 28 days to decide what to do.

 

As they have mentioned the Credit Agreement in their claim send a letter off by Special Delivery requesting a copy of the Agreement as per CPR 31.14.

 

If they haven't complied with your s77/s78 request you might also have a defence of "abuse of process" as the agreement is unenforceable until they have properly complied. I believe someone recently won on this point.

[comebackjimmy]

I would also SAR Capital One just in case you turn up anything that may be to your advantage.

 

Also, dig out any old paperwork you have to see if you have been issued with default notice and termination notice. These could have faults that help your defence.

 

Also, send by recorded delivery any correspondence you send.

 

Also, don't sign anything.

 

Have you got proof you sent the s77/s78 request?

[angry cat]

Send your Disclosure Request to Robinson Way, or are they using their in-house solicitor; Horwich Farrell;

here is a template; edit to suit:

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR Part 31.14/15

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the 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. True copies of any notice of assignment; deed of assignment and deed of sale. True copies of any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

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

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. Details of any collection charge 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.

e. 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.

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

g. 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.

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

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[Helpmeoutplease]

Thanks for the quick replies and the usful advise.

is defending the claim or paying in full the only way to avoid getting a CCJ against me?

[babydoll0141917]

subbing

[comebackjimmy]

If you defend and lose you will get a ccj against you. However, if you settle it within 30 days it will not appear on your credit file. Therefore, if you can afford to pay it off it may be worth considering defending first to see if you win, and paying off only if you lose.

 

Of course by defending you may find they will perform badly with their paperwork or pursuit of the case to such an extent they withdraw.

 

Also, if you defend and lose you will also be liable for costs.

 

So I think the potential outcomes are:

 

1. You pay.

2. You defend and they pull out.

3. You defend and they lose.

4. You defend and they win and you settle within 30 days without a CCJ on file.

5. You defend and they win and you do not settle within 30 days and the CCJ goes on file.

6. You defend, they win and you appeal.

 

(Number 6 is there for completeness but is probably the most unlikely of the lot but you never know).

[Helpmeoutplease]

Hi I have acknoledged the claim and need to get the defence in pretty soon.

I sent the letter as recomended by angry cat and the 14 days have been and passed.

I recieved a letter from Horwich Farrelly stating that they have requested the documents and will send them as soon as they recieve them.

I now have no idea what to state in my defence?

can I delay subbitting my defence anymore?

[Helpmeoutplease]

any advise would be good.

I have to get my defence of this weekend.

[Helpmeoutplease]

Bump.. anyone?

[Helpmeoutplease]

I'm thinking of filing the following defence which I found on another thread.

 

1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2) It is Not admitted that I signed any agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

 

4) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing.

 

6) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

7) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxx

Defendant

[creditcardmug]

Who is the CLAIMANT? ( as in the name at the top of the claim form?)

 

I doubt its Crap1

[Helpmeoutplease]

The claimant is Robinson Way LTD.

I have posted the defence off as above due to the time running out.

not to sure what happens next

[bazaar]

OK you said you posted the defence off. Was this online? did you send it recorded delivery etc.

[Helpmeoutplease]

Hi bazaar

I sent the defence online

[bazaar]

Hi bazaar

I sent the defence online

 

OK, well as long as youve kept to court deadlines, the ball is now in the other sides court so to speak.

[Helpmeoutplease]

I think i have kept to the deadlines, I'm not sure if when you have 28 days if its working days or normal calander days.

many thanks for your help bazaar

[bazaar]

you think?, youve done all you can so far, its up to them to continue now. just keep an eye out for paperwork

[Helpmeoutplease]

Just a quick update and need a few opinions.

I recieved a letter from the court dated 15th March stating that they had recieved my defence and that the claimant had 28 days to instruct if they want to continue.

They have also advised that I should make contact with the claimant to try to resolve the matter.

I still havent recieved anything back from my CPR request yet.

Should I do anything?

what your thoughts on them proceeding with the claim?

should I try to negotiate with them?

[bazaar]

Just a quick update and need a few opinions.

I recieved a letter from the court dated 15th March stating that they had recieved my defence and that the claimant had 28 days to instruct if they want to continue.

They have also advised that I should make contact with the claimant to try to resolve the matter.

I still havent recieved anything back from my CPR request yet.

Should I do anything?

what your thoughts on them proceeding with the claim?

should I try to negotiate with them?

 

Well your embarrassed defence still stands until they provide the documentation requested.

You can send a reminder to the claimant that they need to produce this info.

in an 'effort to resolve this' Of Course;). Just makes them look bad if they still refuse

 

You cant negotiate on what you dont know

[RobinWayRobinme]

Just picked up on your thread and agree that you should chase documents. Noticed that you didn't mention anything about the assignment from CrapOne. Did you receive a NOA? if so who was it assigned to?

R

[Helpmeoutplease]

I'm not sure if I ever seen a NOA, it went straight from crapone to robway.

[Helpmeoutplease]

Had a nasty shock today, got a nice brown envelope delivered which contained the response to my CPR request.

Inside was a credit agreement which looks enforceable (I will post it up later) and statements for the account.

There was no default notice or notice of assignment.

Do I still have a defence based on the absence of the default a NOS?

What next?

[Helpmeoutplease]

bump?

any advise on the absence of default notice and NOA

[Helpmeoutplease]

Just another bump..

could really do with a bit of help.

getting worried now I have seen the credit agreement, I was hoping it couldnt be found!!

Can never remeber seeing a default notice and I think its funny that they havent sent one as requested on my CPR request.

Do I send them another request asking again for the default notice?

Does anyone know of any other threads were they have had the case struck out due to the absense of a default notice and no notice of assignement?