Lowell/BW claimform - old cap1 'debt'

[ChrisS1968]

Sorry to say but yes, nothing filed . I was sure the deadline was this Monday for some reason

 

Just tried logging into MCOL but it keeps saying either the case number of password is incorrect. Im sure I am putting the details in correctly so does this mean its case closed an no longer accessible?

[dx100uk]

you can email it in

should be ok

 

 

have a go at a defence

 

 

post it here we'll help tweak it.

 

 

dx

[dx100uk]

1.The claimant's claim is for the sum of 5174.75

being monies due from the defendant to the claimant

under a credit/store card agreement regulated by the consumer credit act 1974

between the defendant and Capital One (Europe) Plc under account reference 1***************0 and

assigned to the claimant on 30/11/2012 notice of which has been given to the Defendant.

 

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and

a default notice has been served and not complied with.

3. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8% per annum (a daily rate of 0.92 from the date of the assignment of the agreement

to 23/01/2015 being an amount of 722.20

[ChrisS1968]

Thanks DX.

 

Unfortunately I cant seem to be able to check the claim status as MCOL wont accept the claim number or password on the claim.

 

 

Dont know what to do if Im honest and feeling bad with myself for leaving it so last minute

but ive been working away as I mentioned earlier.

 

 

Would I be right in thinking if judgement has been made already

 

 

the case number and password would be no use and its too late?

[dx100uk]

you don't have a CCJ yet

its not been judged yet!!

 

 

get your defence done its can be emailed

 

 

mcol could be down

quite usual for the W/end

 

 

or it could be the 33 days have elapsed

 

 

not an issue

 

 

dx

[ChrisS1968]

OK, cheers,

 

Unfortunately someone is going to have to babysit me thru this as I have not got a clue about putting together a defence.

 

 

Until I came across the CAG I didnt even know I could.

 

 

I do owe this money at the end of the day and assumed that the birds had come home to roost so to speak.

 

 

As yet despite sending away for them the other week I have not received the requested documentation from Lowells or BG so agin,

 

 

how can I defend against them?

 

Sorry if this all sounds a little dumb ass but this is something I have never had to contend before so really do not have a clue how to go about it?

[dx100uk]

did you get that credit report

[dx100uk]

chris can we get moving on this please.........

 

 

you either need to confirm its SB's

and email the SB defence

 

 

or

the no paperwork / holding one

 

 

needs to be done PDQ.

 

 

dx

[oleg]

Pls look at other people's defences and lift one most appropriate to your case, editing as necessary. If you're opting for s b the defence is very simple. Even so, post up here first before submitting.

 

If your recollection of history is correct, s b would seem the way to go, but only you can be responsible for what your memory is telling.

[ChrisS1968]

did you get that credit report

 

 

I have the credit check now and can confirm that the card account was created on the 3rd of December 1999.

 

Also the default date is 25th of Feb 2009.

 

Sorry but I have to go into work for a couple of hours but when I get home I'd like to complete this with your help if you dont mind.

Edited March 1, 2015 by ChrisS1968

[dx100uk]

not got one of those pulldown arrows that shows payments has the report?

 

 

if the DN was issued 25/2/9, then typically that will be after 3 mts of missed payments

so the debt will be SB'd.

 

 

give cap1 a ring, see if you can confirm the last payment.

 

 

to me it looks SB'd, and on balance I'd email the SB defence below

or check if mcol now works first.

 

 

The following defence is all you need if it is SB

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

2 The Defendant 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.

.

Regards

nicked from Andyorch

 

 

dx

[ChrisS1968]

Hello again,

 

Right, I'm back from work now and this has my 100% attention now until completion. I have tried logging into MCOL again and all works and I have the option to submit a full defense.

 

So that being the case do I will ring Cap 1 now and try to find out the last payment amount and date they have against my account and report straight back.

[ChrisS1968]

Right, after 25 minutes on the phone to Crap 1 they are unable to give me any information regarding the last payment they received from me. Cant or wont? Hmmmmmmm

 

This being the case, should I just proceed with the SB defense?

 

Chris

[dx100uk]

and theres nowt on say noddle cra file [see below] showing last payments

sometimes there is

via a little blue arrow

 

 

dx

[ChrisS1968]

Only shows a two year payment history, wont allow me to look further back. Certainly no payments made over the last two years.

[dx100uk]

I think I'd file the SB defence I posted earlier

 

 

its for them to prove its not SB'd

 

 

not for you to prove it IS.

 

 

see what they do

 

 

theres always the failure to provide a signed agreement issue for later too I bet!

 

 

dx

[ChrisS1968]

OK, so assuming that my defense is going to be SB can I confirm how my defense should read please?

 

Hows this?

 

1 The Claimant's claim was issued on 26th January 2015.

2 The Defendant 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 £5174.75 or any other sum, or relief of any kind is denied.

 

 

Is this OK and if so should I simply copy and paste this into the form field on the defense form on MCOL?

Edited March 1, 2015 by ChrisS1968

[dx100uk]

yes ps its defence not defenSe

[ChrisS1968]

Defence submitted.

 

Thank you ever so much for all of your help everyone. Of course I will update you with the outcome.

 

What will happen next, will I receive a letter confirming my submission or nothing now until a ruling is made?

[dx100uk]

you should receive an email from the court that its submitted or something like that.

 

 

might serve you to read a few like threads

 

 

dx

[ChrisS1968]

Not had an email as such but the defence is clearly shown as submitted on the claim history on MCOL.

 

Reads as follows,

 

Your acknowledgment of service was submitted on 10/02/2015 at 13:10:13

 

 

Your acknowledgment of service was received on 10/02/2015 at 14:00:36

 

 

Your defence was submitted on 01/03/2015 at 14:42:03

[dx100uk]

that's probably what you get...

 

 

dx

[AndyOrch]

You will receive notice from Northampton stating your defence has been copied to the claimant...they have 28 days to respond...if they fail the claim is stayed.

 

Andy

[ChrisS1968]

OK, cheers Andy.

[ChrisS1968]

HI all,

 

Just a quick update.

 

 

To date despite submitting my defence on March the 1st

I have had nothing back from Northampton court,

nor have Lowells/BG Legal sent a copy of my CCA or CPR.

 

 

However this morning I received a letter from BG Legal in which was a wad of photocopies of my old cards transaction history

and a cover letter offering me 20% reduction in balance and an offer of affordable repayments.

 

 

Havent responded to this and not planning to.

 

 

Just wondered if anyone a little wiser in these matters than me can read anything between the lines.

 

Cheers, Chris