lowell/Carter claimform - old cap1 'debt'***Claim Struck Out***

[Bazooka Boo]

Any agreement before 2007 has to have the original document produced in court for them to win any judgement against you.

 

As your account was from 2005, they would need to produce the original agreement in a court.

[dx100uk]

miss type sorry corrected

 

 

dx

[dx100uk]

sorry to confuddle you.

 

 

anyway

 

 

I hope you've sent lowlife a CCA request on the other debts too.....

seem like you might be a favourite cash cow here...

[notdoneyet]

Thanks for clearing that up for me DX, it was just a confusing day all round.

 

I havent CCA'd them or the other creditors beyond what was done 6 years ago to the original creditor,

I have never acknowledged lowell or any DCA.

 

 

Reading around the forums they seem to have an agenda of trying one last ditch attempt - at any costs

- to try and get CCJ's against the people in question, just before 6 years from default date.

 

I wont be bullied, regardless of how worried I am for my family. And that is all these people are is bullies.

 

Thanks for all your advice and help to date.

 

Bobby.

[Bazooka Boo]

sorry to confuddle you.

 

It did take me half an hour to reconfirm pre or post 07 agreements!!

Yesterday wasn't a good day for me either.......grumpytosaytheleast had a pop at me for giving the wrong advice too!!

[notdoneyet]

The plot thickens...

 

After speaking with CAP1 to get the final payment date, they have told me that the last payment was made Feb 2010...even though I know for a fact that the lat payment I made on the account was August 2009.

 

When pushed, they couldnt confirm the date of the previous payment to this.

 

So have they held back one of my postal orders/cheques and cashed it to the account at this later date? Is that allowed?

 

This would then give them an opportunity to delay the 6 years SB rule by nearly another 6 months.

 

They also refused to discuss the account and told me to call Lowell, which I wont do as I have never acknowledged.

 

They also confirmed the account is still with collections in CAP 1 and is still showing on their systems as an active account - so how has it been assigned to Lowell?

 

Sounds like a load of hogwash to me.

 

Also the assignment date they have confirmed is different from that on the court papers which Lowell have sent.

[Bazooka Boo]

If you spoke to them over the phone, without recording it, then you should ignore the whole conversation.

 

You really MUST keep everything in writing, you need a paper trail of evidence.

[dx100uk]

the idea was to get the last payment date out of cap1

that been done.

 

 

so not SB'd

 

 

I wouldn't worry too must

they've gotta find the agreement.

 

 

fat chance on that

 

 

dx

[notdoneyet]

Apparently they have the agreement, signed and everything - was told that on the phone. They are going to send it to me.

 

Just wondering why it was never sent as a response to all of those CCA requests, SAR, etc I done way back when...

[dx100uk]

was this from cap1 one on the phone?

 

 

if so

doesn't cut the mustard

 

 

the CLAIMANT must send you it

 

 

bet its an application form anyway.

 

 

dx

[notdoneyet]

Well I have well and truely fluffed this one, apologies everyone.

 

A response has just been found from CAP 1 with a signed 'agreement', but on reading it sounds like an application form.

 

I have posted this up for you all to view. Sorry for any confusion, I literally have just found this and I am digging through a years worth of docs for a whole host of creditors.

 

 

 

Where do I stand now? Thanks.

 

 

[attachment removed - dx]

[dx100uk]

I've removed it so it does get 'taken'

that's an application form anyway.

 

 

its got to come from the claimant.

matters not what you might hold

 

 

dx

[notdoneyet]

Sorry - how best do I post these things up for future reference DX?

 

So an application form cant be enforced as an 'agreement'? So what you said before still stands is that correct? Thanks

[dx100uk]

you didn't do anything 'wrong'

but ofcourse you don't want that downloaded

and used by the claimant against you do you...think about it...

 

 

as said, it matters not what you might hold

what the original creditor might hold

 

 

its for the CLAIMANT to produce that documents they intend to use to try and fleece you.

 

 

they haven't, the CCA request is still outstanding.?

you did send one?

 

 

dx

[notdoneyet]

Thanks DX.

 

Yes, I have sent the CCA to Lowell and the CPR 31.14 to the solicitors.

 

Surely if CAP 1 have that document that you removed, it will be quite easy for lowell to be able to get a copy of this to use as evidence?

[dx100uk]

then why have they not done so to date

I'd wait.

 

 

doesn't mean its enforceable either

 

 

there are numerous cases here of cap1 applications forms being non enforceable because of dodgy / wrong T&C's.

 

 

 

 

dx

[notdoneyet]

then why have they not done so to date

I'd wait.

 

doesn't mean its enforceable either

 

there are numerous cases here of cap1 applications forms being non enforceable because of dodgy / wrong T&C's.

 

dx

 

Im going to acknowledge this online but I meant to ask,

 

 

why do I not counterclaim at this stage for the ppi and charges they added?

 

 

It asks me do I want to counterclaim and with me not going down the SB route then am I not doing myself an injustice

by not making them aware from the outset (and properly through the courts) that this isn't as straightforward as them suing me?

[dx100uk]

you should have ack'd it already

get and do it now

 

defend all

leave juris unticked

 

typically we do not recommend ever counterclaiming[ppi/charges]

that can be sorted later or introduced at a later stage in the process

IF they do actually file.

 

 

 

 

get that ack AOS done you are running tight on time

[day 19 whereby the date on the claimform is day one of the count]

 

 

dx

[notdoneyet]

Hi

 

it was only issued on 19th May so i assumed i had until at least the 7th June to acknowledge, it says day of service taken 5 days after issue and 14 days from then.

 

Panicking now!

[dx100uk]

you have but why wait?

dx

[notdoneyet]

Thanks DX, ack now.

[notdoneyet]

Hi all,

 

For reasons I won't go into online I have been unable to file my defense as yet. My dates are also incorrect (I was afraid someone was watching). This has now confused me and I think I'm right at the edge of time frame for filing.

 

I've logged into mcol and I can still file my defense but I don't know how long I've got left.

 

Can someone advise please - actual issue date was 19th May.

 

If I work on defense now could somebody review to make sure I'm ok?

 

Thanks x

[notdoneyet]

POC

1.THE CLAIMANTS CLAIM IS FOR THE SUM OF XXXX.XX BEING MONIES DUE FROM THE DEFENDANT

TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE consumer credit ACT 1974

BETWEEN THE DEFENDANT Capital One

2. UNDER ACCOUNT REFERENCE XXXXXXXXXXXXXXXX AND ASSIGNED TO THE CLAIMANT ON XX/XX/XXXX NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

3.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT

AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

3. AND THE CLAIMANT CLAIMS XXXX.XX THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO XXX.XX

 

DEFENCE

 

 

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.

 

1.Paragraph 1 is denied regarding the Defendant owing any monies to the claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request. The Claimant remains in breach of the sec78 request pursuant to the CCA1974.

 

 

 

2. Paragraph 2 is denied. the Defendant has no knowledge of any legal assignment, having never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 .

 

4. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and with the Court’s permission, the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. 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.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited June 21, 2015 by dx100uk
modified to your POC - dx

[notdoneyet]

Hey dx - seen you briefly with me there - does that seem ok?

[dx100uk]

above modified

 

 

you only need to file your defence NOT their POC in RED

 

 

dx