Jump to content


  • Tweets

  • Posts

    • Here is my Defence: Defence - 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.     Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc.
    • Which Court have you received the claim from ? Civil National Business CEntre       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Lowell Portfolio i Ltd   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 15 Feb 2024     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit ACt 1974 for a CApital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972   What is the total value of the claim? £1112   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragaph 3, but I did receive a Letter of Claim with a questionaire/form to fill.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned/purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter?   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One.   Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments.   What was the date of your last payment? Appears to be 20/4/2022   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
    • Atsushi Katsuki tells the BBC the firm sees the sober generation as both a risk and an opportunity.View the full article
    • Yes you should take this view, but this is nothing to worry about you will be fine. you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously. however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri. Have I understood the case right? Please tell me if not as there is rather a lot on this forum
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

CPP - Compensation Claim Form


Azer
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3632 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hiya,

 

I just received another letter from CPP which included a "Compensation Claim Form".

 

One of the section on this form is "Section B: Why you want to be considered for compensation?".

 

I've had the CCP thing on my Barclays Credit Card since about 2006,

 

I do recall the Barclays staff urging me to take out this policy in order to protect from fraud, identity theft and such,

and they were very insistent that I take it out.

 

What would you recommend to put in this section?

 

Shall I just mention that I was aggressively mis-sold a policy that I did not need? Thanks!

 

P.S. Not sure if this is relevant,

but in December CPP took out another premium for this silly policy of 80 odd pounds from my Credit Card,

 

I immediately got in touch with the Barcalycard who advised I contact CPP directly and ask for cancelation and a refund,

which I promptly did as well as give them a earful about how ridiculous it is to continue to take money from customers for a useless product.

Link to post
Share on other sites

if I remember correctly, they were going to give you the reason to put in the box within the letter you have received

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Well the letter does say, under a section titled Why you may be entitled to a refund that:

You may have been given misleading or unclear information when you were sold your card protection, such as: - the policy said it covered you fro up to £100,000 (figure varied over time) worth of unauthorised transactions that occur after you inform CPP that a card was lost or stolen. But you did not need this element of the product's cover because your bank or card issuer was responsible for any transactions after your card had been reported lost or stolen. - the policy said it covered you for up to £5000 (figure varied over time) worth of unauthorised transactions that occur before you inform CPP that a card was lost or stolen.But we did not explain that you would only be liable for unauthorised transactions in limited circumstances, as your bank or card issuer would usually cover you for anything over the first £50 of those transactions. You may also have other concerns with the way your card protection policy was sold to you
Going with the above, I guess maybe I should write something along the lines of:
I want to be considered for compensation because the policy was aggressively mis-sold to me by a Barcalycard/CPP representative who presented misleading and unclear information as a result of which I took on a policy which I did not need as I was already adequately protected by my credit card issuer.
Do you think the above is sufficient?
Link to post
Share on other sites

Azer - just rec'd same package and come accross your thread looking for the answer to the same question.

 

hope caggers in the know might provide some help.

you simply use the wording given in the letter containing the claim form,the cpp policies said exactly what they have stated, so you were given unclear and misleading information when you were sold the policy
  • Confused 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

just to be absolutely clear the policy figures in Jan 2005 were £50,000 and £1,000, increasing to £100,000 and £5,000 by 2008, which is why they say "figure varied over time", and dont forget if you bought or renewed prior to 14/01/2005, claim prior to that date from your credit card supplier at the int rate they charged you

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...

REF: CPP "Compensation Claim Form".

 

 

What to fill In "Section B: Why you want to be considered for compensation?"

 

 

Keep it short and sweet and straight to the point, simply write:

 

 

1. I didn’t realise the plan was being offered by CPP, a third party

 

 

2. I was not aware you were already covered by the bank’s own anti-fraud policies

 

3. My bank told me it was an essential purchase

 

4. I purchased your policy based on unclear information

 

5. The risks the insurance protects against were overstated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I do recall the Barclays staff urging me to take out this policy in order to protect from fraud, identity theft and such,

and they were very insistent that I take it out.

 

What would you recommend to put in this section?

 

Shall I just mention that I was aggressively mis-sold a policy that I did not need? Thanks!

 

P.S. Not sure if this is relevant,

but in December CPP took out another premium for this silly policy of 80 odd pounds from my Credit Card,

 

I immediately got in touch with the Barcalycard who advised I contact CPP directly and ask for cancelation and a refund,

which I promptly did as well as give them a earful about how ridiculous it is to continue to take money from customers for a useless product.

Link to post
Share on other sites

  • 1 month later...

You may have been given misleading or unclear information when you were sold your card protection, such as: - the policy said it covered you fro up to £100,000 (figure varied over time) worth of unauthorised transactions that occur after you inform CPP that a card was lost or stolen. But you did not need this element of the product's cover because your bank or card issuer was responsible for any transactions after your card had been reported lost or stolen. - the policy said it covered you for up to £5000 (figure varied over time) worth of unauthorised transactions that occur before you inform CPP that a card was lost or stolen.But we did not explain that you would only be liable for unauthorised transactions in limited circumstances, as your bank or card issuer would usually cover you for anything over the first £50 of those transactions. -Cheques have started to be sent out, using these reasons as previously explained

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

  • 2 months later...
Hi,

Newbie here.

I received the CPP forms, but there were accidentally shredded in a clearout.

Is there any way I can get a replacement form?

 

Thanks

phone 08000 83 43 93 mon to fri 8am-9pm or 8am -6pm sat, and request replacement

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...

Just received a cheque yesterday for £60.20 for having CPP for around 2 years on a credit card a long time ago.

I pretty much used the wording in the claim form.

I was misled / not made aware that I was already sufficiently covered under existing banking/credit card regulations.

2 letters, 2 replies sent back, 2 mins of my time and a £60 refund / result.

Thanks to people from CAG and like minded people bringing this out in the open.

Link to post
Share on other sites

Just received a cheque yesterday for £60.20 for having CPP for around 2 years on a credit card a long time ago.

I pretty much used the wording in the claim form.

I was misled / not made aware that I was already sufficiently covered under existing banking/credit card regulations.

2 letters, 2 replies sent back, 2 mins of my time and a £60 refund / result.

Thanks to people from CAG and like minded people bringing this out in the open.

 

 

Good stuff...every little helps!

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...