Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[sunflower99]

I used to get several calls a day from capquest

The I rang them back and after much gentle persuasion of

"are you in charge? no then pass me to your manager"

I spoke with a muppet called Alistair (allegedly)

Before I was prepared to discuss my account with him I advised him that he must answer my security questions such as his date of birth and address etc.

Obviously he declined to do so stating that I had called them.

He had no response when I pointed out that when they called me they asked me "security questions" Why should it be so different the other way round?

Well that really put the cat among the pigeons They are`nt programmed for that,

so one very p*ssed off Alistair stated that my number would be removed from their calling list and so far no more calls:D

LOL! Good for you Emma!:D

[bluemoonbob]

Update to the capquest saga

recived a letter "offering " a settlement of 75% of the outstanding figure owed

Only problem was that the figure was incorrect

so I sent in a letter stating I would accept the offer for 75% of the correct amount on the proviso that the "unpaid" 255 would not be passed on to any other party for collection and that my credit scoring would be purged of any negative markers,

Guess what !!

three days later I get a letter stating that my account has been passed to a different collection agency proving that give them the same as they give you and they will fold.

Bullies always do

[anynewmouse]

Update to the capquest saga

recived a letter "offering " a settlement of 75% of the outstanding figure owed

Only problem was that the figure was incorrect

so I sent in a letter stating I would accept the offer for 75% of the correct amount on the proviso that the "unpaid" 255 would not be passed on to any other party for collection and that my credit scoring would be purged of any negative markers,

Guess what !!

three days later I get a letter stating that my account has been passed to a different collection agency proving that give them the same as they give you and they will fold.

Bullies always do

 

Chances are they do not have the cca

[bluemoonbob]

Sadly they do

I`ve already taken that line and they sent a copy

They just dont seem to like people who fight back

Also I saw that the trick is they offer that the "debt with them" will be complete

This means that they have recovered what they bought the debt at

and will sell on the remainder to another smaller company so you still end up paying back the full amount, they just want you off their books:)

[emmaf01]

After a long time away from CAG due to ill health (sorry) I'm back. Just when I'm getting back on my feet I get the post from doom. Bryan Carter has filed at Northampton County Court over a Capital One debt for my partner- which has been in dispute over charges since 2009.

 

I've had a lot of battles with debt collectors but this is my first tussle on the defence. I was always the claimant before. I know I've got to acknowledge the claim and try to get the documents BC will be relying on. There is no argument my partner signed the agreement. The argument was over them throwing more and more charges, then I got ill and couldn't fight the good fight.

 

So do we defend the whole claim? Can we get it moved to the local court from Northampton? I'm trying to start reading up, but I remember BC being a pain for others before. I feel worried and rusty as hell. At least it's got me mad. I'm glad this didn't happen earlier when I couldn't fight back.

[dpick]

Hi I am not up on the legal side the only thing I am sure of is when you go on-line and say you will defend the claim the claim will be automatically moved to your local court.

 

dpick

[emmaf01]

Well I've done the AoS on-line, so now I've just got to get some info.

 

The claimant is Cap1 with all paperwork to go to Bryan Carter, so I don't think there was any requirement for any notice of assignment? So I'll need to SAR Cap1 and do I need to CPR Bryan Carter?

[silverfox1961]

Hi

DON'T send a SAR. That will take too long.

 

Have a look at this thread. It expalains most of what you need to do:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[dpick]

I also believe that you send all paperwork to the court as mr pigging carter has a habit of not receiving paperwork and going for a default judgement.

 

dpick

[emmaf01]

I remember some of the behaviour of BC from older threads.

 

How do I dispute the charges? Do I send a letter saying the account is still in dispute over the charges to Cap1 and BC and the court? I think we are talking about a third to a half of the debt not counting BC's fees and court fees. The full amount is below £1000.

 

So if I go through the statements I can find to get the amount of charges, though I'm not sure about the interest on the charges. Do I then say the amount is in dispute? I'm getting a bit muddles.

 

I know on Monday I need to send of the CPR31.14 request to BC, special delivery.

[Ell-enn]

Hi Emma, good to see you again, I hope your health problems have been resolved and you are feeling much better.

 

Is BC claiming the full amount or just part of it - he has a habit of just claiming for his fees

[MandM]

Hi emmaf01,

 

What was on the POC?

 

You're quite correct, 31.14 to BC = you can only ask for the docs referred to in the POC. Do they mention the DN, the agreement?

 

No panic yet as you have 33 days from the date on the POC to submit your defence if it gets that far.

 

First job is to make BC prove that you actually owe the money.

 

Can you post up the POC with your bits blanked out?

 

M

[emmaf01]

He's claiming for the amount of the debt plus court fees, solicitors costs and one years interest.

 

Hi Ell-enn. I'm glad to say I'm a lot better now, though rattling a bit from all the pills I'm now on. I think the only way to deal with BC is medicated up to the eyeballs.

 

Funny though. I finally get good news from the docs yesterday morning and get home to find letter from BC, court documents and a letter from Provident taking over I debt I have no idea about. I think the universe was telling me it was time to get back to CAG. Though I'm so rusty after so long away I'm going to be reading for weeks to catch up.

[emmaf01]

POC is tiny being a Northampton CC bulk centre jobby. I'll type-

 

The claimant's claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly installments under account number ************** but has failed to do so.

And the claimant claims the sum of *****

The claimant also claims interest thereon pursuant to s69 county court act 1984 limited to one year to the date hereof a the rate of 8% per annum amounting to ****.

 

That's it.

[MandM]

OK, so no mention of the DN. Has the original payment period expired (in other words, had the loan been paid would it have gone its natural course by now and been paid off)?

 

M

[emmaf01]

It was a credit card, so no repayment period that I know of. Default was sent a few months ago as far as I know- I'm still hunting out paperwork.

[MandM]

It was a credit card, so no repayment period that I know of. Default was sent a few months ago as far as I know- I'm still hunting out paperwork.

 

OK. try your best to find it - it may help.

 

IMO I see no harm in sending the SAR also. It might throw something out further down the line and if you're going to argue this on charges etc you'll need all of the facts. You're still a long long way from court so it's worth the £10 punt in my opinion.

 

M

[emmaf01]

So if I send a CPR31.14 tomorrow to Bryan Carter, does this mean he only has to send me an agreement? As this is the only document referred to in the POC?

 

How do I point out we have been disputing the charges?

 

And do I send a letter stating the account is disputed due to the charges to Cap1 or Bryan Carter or both?

 

I am getting seriously befuddled. I'll be spending the night doing paperwork duty, with a file, hole punch and trying to add up the charges. Do I send a list of these to BC or Cap1. Do I have to raise a new dispute sent to Cap1 for the charges?

[emmaf01]

The problem is that the agreement (which we have seen a copy of before) is alright as far as we know.

 

It is the charges that we are disputing- how much of a difference does this make? See POC which is copied above.

[emmaf01]

Can anyone give me a clue about this, or any threads which might help? I'm panicking now.

 

Doesn't help that I'm having to set up a new printer because my old one has died. Modern technology can be even more panic inducing for me.

[AndyOrch]

Hi Emma assuming you accept the CCA is fine along with DN/assignment etc you need to tailor your defence on refuting the charges only not denying the debt.

Fist step is to clarify the quantity v the debt and the balance remaining.

You are defending the unfair charges only from that point on.

 

Regards

 

Andy

[emmaf01]

Having gone through the paper work we have for this account I cannot find an agreement. Do I still send a CPR31.14 to BC?

 

Looking at the POC, the agreement is all that is mentioned. So I need to ask for the agreement in a CPR31.14- can I not ask for information on how the balance he is asking for has been reached- statements, information, notice of Assignment, etc? If I ask for all the information possible on a CPR31.14, do I look like I'm doing it wrong?

 

I have had no notice of Assignment, but as Cap1 are the claimant on the CC claim, with BC being the address to send documents and payments, I am not sure if this needs an assignment.

 

The account has been passed around to at least Fredricksons and then to BC before BC has made this CC claim- we have never received any Notice of Assignment from anyone.

Edited September 27, 2010 by emmaf01

[AndyOrch]

31.14 for anything referred to, CPR 18 should flush out the statements/DN/Assignment particularly if you highlight them within the request.Send 2 copies when dealing with this begger ie set to the claimant also.

No harm in sending both and the DSAR that MandM refers to, all bases covered.I would even advocate sending a Sec 78 separately also for the cost of a £1.

If this is SCT they try to wriggle out of their CPR responsibilities but with a Sec 78 they cant.

[DonkeyB]

In the PoC, he effectively HAS mentioned the DN - why, otherwise, could he state that the account is now all due and payable? That could only be the case after a DN was issued and not remedied. Go for the DN too!

 

Glad to see you fighting fit.

[emmaf01]

I'm fighting but I don't know how fit I am, DonkeyB!

 

So I've done my sitting an sorting of the paperwork. Only one statement seems to be missing but with the ones I have the charges seem to account for about a third of the amount claimed.

 

We have been sent letters regarding this from three different DCA people- FTC, Fredricksons and BC. There are no Notice of Assignments from any of them.

 

We have the DN from Cap1 which gives 28 days, so that looks like it will stand up. No envelope saved but 28 days seems to cover that base anyway.

 

So today I have to do the CPR31.14 to BC, a CPR18 to BC and Cap1 and a sec78(is that a CCA request?) to Cap1 and BC? Is that right?