Lowell taking me to court - claim form - old cap1 debt [2004]

[andyell]

I received paperwork from NORTHAMPTON COUNTY COURT on Wednesday 3rd

yet it was only on Monday 2nd that Lowell actually told me over the phone who there client was.

 

Obviously I want to defend the claim but im clueless on what to do now and need to get this form back within the time period?????

 

some background hope this helps with your information.

 

I had a credit card with capital one and defaulted on the card in 2004 and have had no correspondence from them since around then.

 

I also have been accepted for a credit card from capital one less than 6 months ago.

 

so 1st things 1st what am I completing on the court papers so I can get them back within time.

 

Any help is greatly appreciated

[dx100uk]

ok can you either type up or scan the claim form

 

we need EXACTLY what is in the Particulars of the claim.

 

you have a good while yet so hang fire for the team tomorrow

 

.......................

 

start gathering info

 

you say it defaulted in 2004?

 

when was YOUR last financial transaction in or out?

 

this could well be a simple case of defending the whole claim

[use the password & log in on the CCJ]

 

as its statute barred. [6yrs no in/out or signed ack of the debt by you]

 

tell us as much as you can about the debt .

 

if you've no info on it at all

 

your might find noddle cra listed below will tell you in your payment/use history if its still listed in closed accounts

 

dx

[citizenB]

We need to know the date of issue of the claim - this is in the top right hand corner of the form.

 

We also need to know exactly what it says on the claim form - the reason they are issuing the claim. Although if you can edit and scan the document in as advised by dx above that would be great

 

You say you defaulted on this account in 2004 - have you made any payments or acknowledge liability since that time ?

[andyell]

the date of issue is 03/09/2013

particulars of claim:

This claim is for the sum of 913.01 in respect of monies due from the defendant under a regulated Credit Agreement pursuant to the Consumer Credit Act 1974

The debt was legally assigned to the claimant and a notice of such was provided to the defendant

The defendant has failed to make contractual payments in accordance with the terms of the agreement. a default notice has been served upon the defendant pursuant to section 97(1) of the Consumer Credit Act 1974.

The claimant claims the sum of 913.01 which is inclusive of interest.

 

 

I have not made any payments since 2004 and have not acknowledge liability. I have checked with noodle and cannot find this amount on any account open or closed Lowell have 2 accounts in my name totalling £521 the capital one account does not show either at any of my previous addresses open or closed. so should I request more time from the court.

Edited September 10, 2013 by andyell
adding extra info

[andyell]

sorry I am new to this could you please advise should I ask for extra time on the CCJ or just go ahead and defend claim but what format should I use

[dx100uk]

no you should defend all and use the statute barred defence

[dx100uk]

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

read this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?396946-Claim-form-issued-by-Lowells-ex-Capital-One-account/page2&highlight=statute+barred+defence

 

i'd be ringing cap1 first thing in the morning and ask them the direct question

 

when was my last payment on xxxxx account please

 

dx

[andyell]

if im starting defence online what am I writing in the defence ????????

[citizenB]

if im starting defence online what am I writing in the defence ????????

 

Exactly what dx gave you in post # 7 !! But make sure you fill in the bits in red !!

 

 

DEFENCE

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

If you are completing on line then you wont have to add the bit about the contents of the defence being true, because you will be asked to confirm this by ticking a box.

[andyell]

thank you

[andyell]

hi guys I made the online claim but not sure on the out come.

when I select view defence this is what's shown:

 

 

1 The Claimant's claim was issued on 03/09/2013.

 

2 The Claimant contends that the Claimant's claim so issued is a

claim in contract and is statute barred pursuant to the provisions

of section 5 of the Limitation Act 1980. If, which is denied, the

claimant contends that the Defendant is in breach of the alleged

contract, in excess of 6 years have elapsed since the date on

which any cause of action for breach accrued for the benefit of

the Claimant.

 

3 The Claimant's claim to be entitled to payment of £913.01 or

any other sum, or relief of any kind is denied.

 

 

I also have received a letter from the court explaining about a small claims court if I take no action the court will make judgment but im not sure if this is just a copy sent out to all parties. could anyone please advise as when I read the defence online I thought I had won and Lowell where denied but on receiving this letter im now not sure

[andyell]

HI GUYS

I defended a ccj online but cant work out the outcome. the court sent me a letter about the case is eligible for small claims service would going through this process mean I acknowledge the debt and cancel the statue barred claim I made should I just ignore letter and allow court to make judgment

[ims21]

Two threads merged and tidied

[marylikes]

Andy, ring the court up and ask them where you are up to, tell them, you don't understand the letter? Just write down what they tell you and get back here with the info. If the claim is from the Northampton Bulk Centre Court the phone number is.........03001231056, tell them your claim number and they will advise where you are up to.

[andyell]

I have spoken to the court and they say I need to fill in a N180 by the 7/11/2013 it was posted to me but I have not received it so need to download it. I have not seen this form as yet what should I be entering in to the form any help is much appreciated.

[marylikes]

Hi Andy, i think this is the form.............

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n180-eng.pdf

 

I let someone else advise you what to put on it as i'm new to all this, but it looks straighforward. From what i gather it is to make sure the claim is suitable for the small claims track and offer mediation?

[AndyOrch]

A1 Yes

 

B Self explanatory

 

C Yes

 

D 1.State your local county courticon

2.No

3 yourself

 

E Ignore

 

http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf

 

Copy to your Local CC and serve a copy on the claimant.

 

Regards

 

Andy

[andyell]

thanks guys posting off form in morning