Capital One / Robinson Way County Court Bulk Centre Claim

[rolfharris]

Hi all, I was hoping I could get some advice on a Claim Form I have just received from Northampton County Court Bulk Centre. This refers to a Capital One credit card. No idea about the County Court system so any advice on how to respond would be gratefully received.

 

The Particulars of Claim state:

 

The Claimant is the Assignee of a debt(s) from Capital One Bank Europe plc. Notice of Assignment was provided to the Defendant by the Claimant in writing Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

 

And the Claimant Claims:

Credit Card Account number XXXX-XXXX-XXXX-XXXX balance of 3,587.86 as of 6/10/07.

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 6/10/07 to 20/1/12 of 1,232.26 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.79 AND costs.

 

Thanks in advance.

[cymruambyth]

Hi, the first thing to note is you must make sure that you comply with the dates as set out in the pack, if you don't you may get a judgement by default.

Do you want to defend? Have you seen the CCA, DN or NOA?

This is worth reading as it explains everything pt-legal issues-compilation.pdf

If you you have not seen a copy of the documents send a CPR 31.14 request for all documents mentioned in the POC. Check that all the prescribed terms are included in the CCA........

[rolfharris]

Hi, thanks very much for the reply. On whether to defend, I am unsure but it would seem to be in my best interest to check if their claim is legitimate. My partner on advice from the C.A.B. had made an arrangement with Capital one in 2005 for a small amount each month to be paid/interest calculated to be stopped and this was being paid until mid-2009. I haven't seen either the CCA or the NOA (which they claim to have given me) and only the NoA was referred to on the paperwork from the County Court. So, to have a copy of these documents I should send a letter similar to the one in the "Getting them to reveal their vitals" thread instead of sending a CCA request?

 

Thanks again.

[havinastella]

So RW are taking you to Court?

 

Not Stat barred as you have been paying small amounts!

 

You may want to acknowledge the claim and defend all!

[cymruambyth]

Send the CPR 31.14; once legal action has commenced they are bound by the CPR. IF defending, defend the whole amount. Rob Way took my OH to court with Cap 1, but forgot that they needed the prescribed terms, luckily the DJ was aware of the law! The best part was that we had tried to settle, which they refused, so no costs and no victory in court for them.

[rolfharris]

Well, I finally got a reply from my CPR 31.14 request I sent 31/01/12. IND LTD. sent me in essence a delayed (dated 07/02/12 received 13/02/12) refusal.

 

They state:

 

The claim is likely to be allocated to the small claims track. As you are aware, CPR Part 31 does not apply to small claims. In our view it would be illogical and contrary to the overriding objective for CPR Part 31 to apply between issue and allocation to the small claims track.

 

Notwithstanding the above, your right to documents under CPR 31.14 (had that been applicable in this case, which, as explained above is not applicable) arises as soon as a document is mentioned in either a Statement of Case, Witness Statement, Witness Summary or affidavit. The words "referred to" in the rule indicate that the right to inspect arises only once a specific reference to a document has been made. Where there is no more than an inference, as opposed to a specific reference to the existence of a document, we are not bound under CPR 31.14 to provide such document.

 

Accordingly, we are not required to provide you with any of the documentation requested in your letter. However, please find enclosed a copy of the Notice of Assignment sent to you previously, which is referred to in the Statement of Case.

 

The particulars set out in the claim form in this case provide you with sufficient information to respond to the claim. If you fail to do so within the time provided by the CPR, the claimant reserves the right to enter judgment in default without further notice.

 

So any advice on how to proceed from here would be gratefully received. Thanks.

Edited February 14, 2012 by rolfharris

[PGH7447]

usual garbage from IND, now send of a CPR31.15

[cymruambyth]

It may be allocated to smal claims, but hasn't so CPR APPLIES! Their reply implies that they don't have the documentation that they should.

[Shadow25]

Rolf-I notice they are claiming interest from 6/10/07. Can someone comment on whether it is possible to claim interest prior to assignment and in RW Ltd's case prior to incorporation which was 29/7/09. RW Ltd is the phoenix company which sprung up from the Admininistrator's sale of RW & Co Ltd on 25/9/09.

[cymruambyth]

According to one of my local DJs interest can be charged and you are lucky that is lower than the interest that would have been charged...............

[rolfharris]

usual garbage from IND, now send of a CPR31.15

 

Is there a template letter for this CPR 31.15? Also what does the 31.15 do that the 31.14 would not?

 

Thanks.

 

cymruambyth: You say the CPR DID apply? Would that just be a mistake on their part to say it wouldn't or is this kind of thing standard behaviour?

[PGH7447]

its not a mistake on their part, this is their standard response, they think they are above the law, I will get a cpr31.15 and post it up for you

[DD maker]

Subscribing - I'm 2 weeks behind in the same process

[cymruambyth]

The case has not been allocated so how can they say that as it should be small claims CPR does not apply. The DJ may decide that the case is complicated and should go to a different track. They are trying to avoid their legal obligations. This needs to be stressed in your defence as they are not complying with the CPR which are in place to ensure due process and that everyone is treated the same.

[cymruambyth]

Have you read through this? http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here(1-Viewing)-nbsp

[rolfharris]

Thanks for the link. I have had a read through that thread and the first post seems useful however without any idea of how to frame the CPR 31.15 request and the CPR 15.5 time extension it's a bit beyond me.

[PGH7447]

n response to your letter dated xxx where you state that you are not required to provide the documents I requested under CPR31.14, please note the following1. This claim as yet has not been allocated to any track in consequence your point about the Small Claims is invalid and misleading. Therefore the following appliesAlthough your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise2. The statement that no documents were mentioned, I point out that in the Particulars of Claim submitted by you within the court claim, you state the following documents:The Default NoticeThe Notice of AssignmentTherefore you should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this request. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version's) to include an obligation to recover and preserve such version's) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I will also take this opportunity to point out CPR31.21 for you.31.21A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission.I do hope this will not be necessary and look forward to hearing from you.

[rolfharris]

Thanks for the reply PGH7447.

 

As stated in a previous post they did include what they call a copy of the Notice of Assignment along with their refusal to allow me to see other docs. The Default Notice doesn't seem to be mentioned explicitly in the Claim Form; as such am I still allowed to ask to see this?

 

I have noticed that what they refer to as the Notice of Assignment in the last letter to me is merely a "Last Letter before Legal Proceedings" dated 05/01/2012. Shouldn't this be a document from when the debt was originally bought by them?

[PGH7447]

Hi sorry for the formating, but sometimes my PC plays up.

 

What you are doing with this is informing them that they have to play by the rules and show you the original NoA, not what they send you in the letter before action, what you will get back however is a copy of their letter before action, which they claim is the NoA, so they have messed up already, the reason I left the default notice in is that they specifically mentioned it in my claim, and again they did not supply it, so they messed up twice.

 

just amend and send and see what they come back with

[rolfharris]

Hello again. I sent the CPR 31.15 letter as you suggested last Thursday and as of today it is now beyond the 7-day limit for their response and I've received nothing. Hopefully one of you nice people will look in and give me some advice on where to go from here. I think I'm also running out of time to file my defence ( if this is necessary) as the original claim form had an issue date of 23/01/2012. Thanks in advance.

[PGH7447]

get your defence in now - time is up - if they have not responded use the embarressed defence, there are loads of examples on here

[cymruambyth]

As pgh has stated you must file a defence, even embarrassed on line. You must included dates of letters sent.

[rolfharris]

Thanks for the replies. I found an embarrassed defence and amended it slightly then entered it. Hopefully in time.

Edited February 25, 2012 by rolfharris