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cabot/HL legal old cap1debt- claim form received from capquest


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What are the POC's?

 

Can you give a history of the debt?

 

When was the last time you made payment to the account

 

and made written acknowledgement to it?

 

Have you ever requested a CCA?

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..

 

 

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Thread moved to the Legal forum.

 

What is the date of issue on the claim form?

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So it sounds like the debt is well SB. If so, then it will be a complete defence. First, make sure you file AOS through MCOL. Then check for certain the absolute last date you made payment to the debt AND made written acknowledgement.

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

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I have no idea what I'm doing with this and how to do it.

 

There is an entry on my credit file for a capital one card for the amount of £398 which was opened on th 26/05/2004 and defaulted on 30/12/2008.

 

We moved into our new house in 2007 so no payments were made since then.

 

This Cajun is for £299.99 with fees it's £364.99.

 

I did have two capital one cards but can't remember how much was owing on the other.

 

Defiantly not made any payments since 2007 though.

 

I think I've sent them cca requests in the past but never heard back from them.

 

We have had a rough few years and it's obviously slipped my mind :(

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Ok.

 

On your court form,

 

there will be a username and password for you to use in order to Acknowledge and follow up the claim online.

 

Do this, so you can be sure you are meeting the timelines.

 

Once you have done this, it gives you more time to prepare a defence.

 

We can help with that.

 

Basically all youd need to do is copy and paste it.

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..

 

 

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No. Contest jurisdiction means if youa re living in france etc and the court doesnt have authority over it.

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..

 

 

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Well I would

 

if they didn't come up will one before

 

they will have to prove the debt in court with one

 

and also proof of payment in the last 6 years .

 

will be defending the claim as SB.

 

renegade will give you a bit more info they are really good at this.

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Please type up the exact wording of the poc. You need to send a CPR 31.14 request to the claimants sols and a cca request .What was date of issue of claim?

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You said " Shall i do the CCA request again?"

 

have you already sent one before? If so, what response did you get?

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..

 

 

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I sent one a good few years ago but never had any reply. Know I should have chased it up be we had a family death and things went to pot :(

 

POC details are

Part only of monies due under regulated credit agreement number xxxx

between capital one bank (Europe) Plc and the defendant

 

the benefit of which was assigned to the claimant on 18-sept-09.

 

The agreement terminated upon the defendant failure to comply with the terms of the agreement

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they are in default of your CCA request,

 

meaning they probably dont have one,

 

the debt is likely statute barred so its unenforceable under law.

 

Time to get all your paperwork sorted so you can be 100% sure of your defence.

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

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Thanks everyone. I don't have any paperwork as it's been that long :( do I write to them with a CCA request. Does anyone have a template for me to use too please, don't want to drop myself in it.

 

Here you are...head the request with " I do not acknowledge any debt with your Company "

 

send it to the Sols named on the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Regards

 

Andy

We could do with some help from you.

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15th jan 2014

 

I sent one a good few years ago but never had any reply. Know I should have chased it up be we had a family death and things went to pot :(

 

POC details are

Part only of monies due under regulated credit agreement number xxxx between capital one bank (Europe) Plc and the defendant the benefit of which was assigned to the claimant on 18-sept-09. The agreement terminated upon the defendant failure to comply with the terms of the agreement

 

 

Why have they issued only a part claim?

 

You have a timeline which is as follows :

 

Date of issue 15 January + 5 days for service = 20 January + 14 days to acknowledge = 3 February + 14 days to submit defence = 17 February 2014 (33 days from date of issue).

 

If they are still in default of your s78 request, then they should not have issued the claim.. IMHO.

 

When was the last date you made payment to the account and when was any default notice issued ?

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I have no idea when the last date was or if a default was issued. It was all done a my old address which we left 7 yrs ago. I have not had anything from them since being here.

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