Another Carter - Court Action

[G&J]

HI

Diddn't realise he had his own forum...

 

Ok, my partner has had a credit card with Cap 1 for some years. She lost her job when Focus went bang but found another job a few months after.

 

Due to finances she contacted Cap 1 (by phone) some 3 yrs ago to arange a payment plan of £5.00 per month after sending them all our financial breakdown papers Etc.

 

She has not missed any monthly payments and she has nothing in writing about the agreement but they have happily accepted the £5 each month.

 

On the 17 Dec she gets a letter from this company saying she had not paid the debt off and should do so now. I told here it was probably scare tactics at Christmas time. So she did not write to them.

 

Yesterday she recieved a second letter stating court action. Cap 1 have not contacted her once, so how it's come to this I don't know.

 

I have a nasty feeling I am going to receive the same as my situation is the same with Cap 1.

 

I note they have inserted an incorrect date (31/12/1899) lol

 

It make reference to the Law Of Property Act, I presume this means they assume they can use the house as collateral???

 

Thing is the house is in MY name only (she moved in with me 4yrs ago) but if they start the same with me then I suppose they could.

 

Anyway... Both of us are worried and not sure of the best way forward.

 

I will try to attach the letters (as PDF)

 

She has just received from Northampton Court (Bulk Centre) a claim form, response pack and defence & counter claim.

 

Is she done for or is there any way to stop this?

 

Thanks

[BRIGADIER2JCS]

Hi, The Law of property act probably relates to the ''ownership of the debt,and infact it does.

 

Carters last letter is nonsense it appears to state that Cap1 assigned the debt to themselves in 1899, which is complete nonsense.

 

Carter is well known for issuing claims and backing down as soon as anyone mentions a defence.

 

Can you redact a copy of the Particulars of Claim please remove names and account numbers and the claim number, leave the POC.

[anynewmouse]

Here goes with the PDF upload....

 

Brig can you remove the claim number.

[BRIGADIER2JCS]

Brig can you remove the claim number.

 

Not workin I'' ll unapprove please repost with Cn removed

[anynewmouse]

Not workin I'' ll unapprove please repost with Cn removed

 

Super fast Brig as ever

[G&J]

So sorry, thanks for hitting on that....

 

Try again

 

 

 

Removed password which had still been left on document.

 

[ATTACH=CONFIG]40925[/ATTACH]

Edited January 23, 2013 by citizenB

[citizenB]

Ok, date of issue 17th January. This is your timeline

 

17 Jan + 5 days for service = 23 Jan + 14 days to acknowledge = 6 February - If you are defending then you get an extra 14 days which will be 20th February.

 

You need to get a CPR31.14 request off to BC immediately.

 

It would appear that you can only ask for a copy of the agreement, as usual, Carter's PoC is so ambiguous and negative he should have just sumbitted a blank page.

 

Ok a few questions.

 

Did Capone ever issue a Default Notice ? Do you have this ?

 

Can you prove the payments have been made each month as advised in your first post - If so, then you need to get all the statements/receipts together in one place.

 

His claim is that you have not maintained the payment instalments - however you have.

 

Even though Capone have not confirmed this in writing they have accepted the £5.00 for 2 years after receiving your I&E and letter making the offer. I am assuming that no other contact was made by Capone.

 

Did they cease adding charges and interest ? At what point did they cease sending you statements ?

 

Can you answer the questions above and I will go and find a CPR request for you.

[citizenB]

Hmm, so they assigned the account to themselves in 1899 did they ? Bliddy brilliant dont you think.

 

Will also alert andyorch for more advice

[citizenB]

BTW, if the property is in your name only, then they will be unable to obtain a charging order for a debt in your wife/partners name.. oh dear

 

Why do you suppose they will issue a claim against you as well ? If the debt is solely in her name, you dont even come into the equasion ?

[G&J]

Hi

Because I'm in the same boat.... Paying Cap 1 £5 per month and they just sold my account to CapQuest Investments Limited, so I expect some action from them. (good for my PPI claim though)

 

The date made me laught BUT can it still be upheld in court?

 

She (partner) remembered she missed a payment in March 2012 but made in excess of double in April. No letters were sent bu Cap 1. (dont know if that makes a difference)

 

We are running low on time with this so could really do with a guiding hand.

 

Thanks

 

G

[AndyOrch]

Hi G&J

 

Ok as per CB,s post above#7 make sure you acknowledge on time and defend in full...this will then allow the 28 days to finalise your defence.

In the meantime request a copy of the agreement this is done using a section 78 request to Cap 1(Letter N in the templates lib) send recorded delivery and print your name on the request.

 

CPR 31.14 to Muppets Incorporated ( again recorded delivery print name) They will respnd saying that this request is not applicable to SCT but ignore that you have it on recorded that they have not complied.

They will also offer an extension...disregard this also and submit a defence as soon as possible.

 

You should then receive a letter that there is a change in Solicitor...Muppets Incorporated head for the hills.

 

Then wait and see if they respond to the defence.

 

Regards

 

Andy

[citizenB]

Can you please answer all my questions in post # 7

 

Are there any charges, did capone continue to add them and interest ?

 

I cant see missing one payment which was then made up will make a difference especially as they did not write to you when t his happened almost 12 months ago !

[citizenB]

Ok, this is your CPR31.14 request - you need to send it to BC, recorded delivery at the least.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 - the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 - Statement of account showing how the sum being claimed is made up.

 

 

Although 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 otherwise.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. 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 do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[G&J]

Hi and thanks for all your time.... I missed completely post #7... I will hand you over the 'J' part of this partnership.... in other words... she is now typing

 

Cap one did issue a default notice, however this was before the monthly payment arrangement was set up and agreed upon verbally but I can't find the record. . sorry

 

I can prove that all payments have been made by my monthly bank statements wil now gather them together

You are correct in assuming that no other contact has been made by cap one

 

I am not sure if they have stopped adding charges and interest as I have not received any staements for 2-3 years.

[G&J]

Please

 

What is "is not applicable to SCT"

 

J

[citizenB]

Great thanks for that. It is a pity you havent got the default notice.

 

I included statement of account in the draft CPR request, but you might want to amend point 2 as below.

 

2 - Statement of account showing how the sum being claimed is made up, to include any interest and charges applied.

 

Do you have any statements at all from Capone.. the last one prior to your entering into the installment plan would be good!

[G&J]

Hi, Thanks guys,

Yes she has copies of her statements.

 

I'm just editing the CPR31.14 request and need to ask is the following something I need to edit in the [..]?

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

If so, whith what?

 

Also do we need to send a CCA or is the above enough? And, we just send the "Acknowledgment of Service" to the court? Will this mean she has to attend?

 

Sorry... so many questions.

Edited January 23, 2013 by G&J

[G&J]

Sorry... Must have been sleepu eyed this am.

 

All sorted and sent to relevant parties...

 

Now to prepair the defence

[AndyOrch]

You must also send the section 78 request...this is an independent legal request and must be complied with otherwise they are in default and will struggle to enforce.....unlike the CPR request.

If they do not respond to your sec 78 request that can be used in your defence so don't prepare a defence until 12+2 days.

 

Andy

[G&J]

Hi

I have sent as in post #13 (amended) to Carter's (recorded)

I have sent the section 78 request (same but from another site as I already had that edidted) to Capital 1 (recorded)

And, I have sent the acknowledgement of service to Northampton Court (recorded)

 

Have I missed anything?

 

Thanks

[AndyOrch]

Why did you not AoS on line MCOL?

[G&J]

Hi Andy

You will have to translate that one for me.... not at all sure waht you mean?

 

G

[AndyOrch]

On your summons is a password and if you register with the Government Gateway you can Acknowledge Service and submit a Defence on line using MCOL (Money Claim On-line).Saves postage and is very secure.

[citizenB]

Nope, sounds like you hvae it all covered - why did you post the Ackowledgment - you could have acknowledged online ?

[havinastella]

Just a quick note, I would also send a SAR request to Crapone, costs £10 but may throw up gold dust for the future.