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claim form for cap1 card received - no clue what to do


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hi all,

 

i had capital one card in 2004 i think.

 

i was laid out from job in september 2007 and

 

i think i could not afford to pay the monthly premium in november or December.

 

i have since moved alot and couldnot get all debt letters.

 

i just received a ccj claim form on 17 december claiming £7447 figure from me and a response pack to send it back to county court northampton.

 

i got no clue what to do. because i moved i have got not paperwork to prove the debts can be statue barred or not.

 

its giving me 3 options on the claim form to admit the full amount of debt claimed or partial amount or defend the whole claim.

 

if i defend the whole claim as saying statue barred and late court decides its not statue barred then what will happen or please help as its urgent.

 

thanks

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Hello and Welcome,

 

I've moved this thread to a more appropriate Forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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hi ya welcome

 

can you please type out your PoC.

 

get a copy of your credit file that will give you an idea too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi ya welcome

 

can you please type out your PoC.

 

get a copy of your credit file that will give you an idea too.

 

dx

 

 

poc? are u referring to the amount with interest it is 7447 pounds. i have checking my credit file but it says on there default on june 2008. but i dont think its right

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Poc means particulars of claim. Its stated on the claim form.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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get a cca request off and a cpr 31.14 to the claimant.

watch your timings too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI,

 

Claim was issued on 17th Dec;2013 by Northampton court by Bryan carter solicitor on behalf of Lowel portfolio I ltd for total sum including interest £7447, and i have submitted my acknowledgement on 22nd Dec;2013.

 

CPR and CCA requests have been sent and received on 24th Dec.

 

Now how can i prepare for my defense please advise.

 

thanks

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You have plenty of time to form a defence. Enjoy christmas and come back after for more info. This site will be fairly quite over the next few days.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Change that, i just re-read the thread. WHen was the last time you made a payment to the account and/or made express written acknowledgement of the debt? It very much sounds like it is SB. Even a court wont decide against it if it is. If the claimant tries to say otherwise, it is up to THEM to provide full and complete proof.

 

Get those dates checked, and come back.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If it is statute barred will all depend on the contract but once you have the CPR request back along with the CCA request then add it to your defence. Remember the recording of the default has nothing to do with the issuing of the DN.

 

It does sound very borderline to me however the CPR and CCA request should be of some assistance . Remember that if they do not respond to the CPR request you can ask for the claim to be struck out.

 

http://consumercreditlitigationanddebtcollection.wordpress.com/

Any opinion I give is from personal experience .

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It will depend entirely on whether the terms of the Act are met, the contractual terms cannot oust the limitation period.

 

Fletch is correct.

 

The breach of contract( failure to meat a payment)would start the process which leads to its eventual termination, and subsequent demand of repayment of the loan.

The latter would be the cause of action.

Generally there is clause on the contract that says how and when this process takes place.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Lets not start this argument again :(

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Lets not start this argument again :(

 

 

It was a simple statement of fact :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Maybe so DB, but its better ti nip it in the bud. We've seen what happened in the last few threads when this cropped up. Anyway, back to the OP's issue now....

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Maybe so DB, but its better ti nip it in the bud. We've seen what happened in the last few threads when this cropped up. Anyway, back to the OP's issue now....

 

I thought the SB situation was the Issue ?

 

If there has been no acknowledgment this would be six years form the demand for payment on the terminated account.

 

the sol

3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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s6 (3) limi act? only applies to contracts of loan that are subject to s6. ie s6 (2)

 

Correct

 

Open ended with not fixed termination date and no contractual facility for repayment on demand(credit card) is this not the OPs account.

 

Not that it matters because the same principle applies to section 5.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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no it doesn't. s6 only applies to s6 loans.

 

I suggest you re -read the section.

 

 

The situation has always been that COA starts from the demand for payment, in a section 5 simple contract this would be upon termination , section 6 catches agreements that do not have a termination date.

 

This for BMW

 

This expression "cause of action" has been repeatedly the subject

of decision, and it has been held particularly in Hemp v. Garland 4 QB

519, decided in 1843, that the cause of action arises at the time when

the debt could first have been recovered by action. The right to bring

an action may arise on various events, but it has always been held that

the statute runs from the earliest time at which an action could be

brought.

 

The comment was a general one, but applicable to all contracts.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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no it doesn't. s6 only applies to s6 loans.

 

Going off topic, as the OP said it was a credit card and therefore section 6 does apply. :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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re #21

looks like you need to re read and interpret things properly.

outside of s6 it is simple contract as per s5. s6 (3) only applies to s6 loans. stop quoting s6 (3) as general application.

incorrect for you to state that coa always starts from demand for payment. and that was even said in Bmw. each case turns on its own facts. re a cred card the usual cause (depends what they rely on) is the missed payments in breach, as is stated in the subsequent def notice.

bmw is easily distinguishable on the facts, as was said in that case itself. yes, an action is on the basis of the breach. thats when they can do as they do. the dn is the procedural formality re that breach that they rely on. the dn gives the debtor an opportunity to remedy the breach, if not remedied then the cred continues re the breach ie the cause.

re #22 a cred card contract is not a loan contract, and therefore s6 does not apply to cr cards.

adieu. :) and happy xmas to all.

Edited by Ford
Offensive

IMO

:-):rant:

 

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As said earlier this is going to be borderline, it is as well to claim that the action is statute barred of course as this reverses the burden of proof, however the COA will run from the demand for repayment as triggered by the term of the agreement and the termination of contract.

 

If the last payments missed were in November and December 2007 this will mean that the agreement may well not have been terminated and demand not been made till some time later, as said bests wait and see but for warned is for armed.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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All I was trying to say is that you need to take into account what is in the contract as well as the requests for payments etc happen. As the first missed payment was possibly sometime in the Nov and I know from my own Cap1 card they say they usually write to you asking for the payment and give you 30 days to make it right this could be very borderline. Depends on date payment was due and the wording of the contract. I think we have dismissed the last payment scenario as being relevant in THIS case

Any opinion I give is from personal experience .

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