Lowel/Carter claimform - cap1 credit card debt

[rob14973]

Hi

 

Ok i have received a statutory demand letter delivered by hand to my home address from Hamptons Lega

l for an outstanding debt to capital one which has been in dispute since 2008.

 

Back in 2008 i started proccedings against cap one for credit card charges i never got around to filing for court.

however i have been chased by numerous debt collecting agencies all linked to each other i may add.

 

I had sent letters off in the past saying the debt is in dispute and they left me alone for a while.

Once again they have now re surfaced and served me with this demand.

 

so where do i go from here?

 

Do i defend? if so how?

 

Do i pay up over just under £1000 and then continue against cap one with my claims for charges. ???? And a removal of a default

 

or ignore the demand and continue my claim for charges and take them to court?

 

hope some one can help

 

rob

[dx100uk]

have you recieved a default notice and termination notice ffrom the oc?

 

dx

[rob14973]

Thank you for replying dx

 

I dont remember ever receiving a notice of default or a termination from cap one. i have had that many letters i really dont know. I looked on experian to find out i had been defaulted.

 

rob

[dx100uk]

pleanty of help here

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=3318603

 

dx

[rob14973]

Yes i have found a letter which says the account is in default and terminated.

 

 

However they have defaulted the account whilst in dispute.

they defaulted me on the 05/09/2008 and

i have got a letter dated 13/08/2009 showing a token gesture of a partial refund from a lba i sent.

 

thanks in advance

[supasnooper]

Sorry but SD's are not my forte but have a look at the links below which may help you -

 

Filling out form 6.4 (stat demand set aside)

 

Statutory Demand on a Stature Barred Debt! Mortimer Clarke/Marlin ***WON***

 

Electronic Forms 6.4 and 6.5 for statutory demand set aside

 

Getting Statutory Demand Set Aside**WON IN COURT**

[rob14973]

Ok ive read those links thanks.

 

 

However still unsure how to fight my case as mine is different.

 

 

Do i phone the person on the bottom of the sd.????

 

 

Also can my reason be that capital one owe me £900+ in charges which has been in dispute sice 2008.

 

 

i owe them £800 + so would this be my case to set aside

Edited March 18, 2010 by rob14973
additional info

[dx100uk]

read this one

and NO do not contact the leechers!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/251378-statutory-demand-wrong-name.html

 

dx

[rob14973]

Ok thanks for that dx

 

 

i im going to do a set side or at least try.

 

 

Im going to get the forms done in the morning

 

 

so i will see how it goes.

 

Rob

[rob14973]

i only owe £900 to hamptons who are acting on behalf of cap one.

 

To be honest i would rather take this route and risk messing up with the sd.

 

Do i phone them and make a payment over the phone and set up a monthly repayment plan?( cos thats whats they will want)

 

Do i send them a bankers draft in the post with a covering letter?

 

Will they accept this offer? what if they dont?

 

Can i continue my own procedings on capital one to claim back the unlawful charges?

 

 

 

thanks again just want to make the right decision.

[rhodium78]

1.) See them in court

2.) Pay the required amount so to fall below the limit of £750 and still take them to court

3.) Come to an agreement and pay it off and not take them to court

 

For option 2, you can send them a cheque for £150.00 (I believe you said you owe them £900) and offer them an "ex gratia" payment of £150.00.

 

In this letter you are not admitting liability.

[rhodium78]

Yep.. it would be... could even go 150.01 ... that would rub their nose in it... but be careful of any outstanding charges, interest, etc they could put on there after you have gone below the threshold pushing you above £750.00 again.

[rhodium78]

they cannot include charges

 

the 750 relates to the original debt only

 

I should have clarified myself somewhat... I didnt say it was legal.... I just said be careful.... what they can do and what they actually do are 2 separate things... I have seen incidences of it being retracted... then the DCA tries to negotiate... add a couple more charges to the amount such as letter fees, agent fees, etc... and try again despite the regs.

 

Not nice and its a long winded process to try and get them to see sense.

[bazaar]

Hang on a Mo,

What proof of the sum requested has been sent?

Has the SD been filed at any court? Phone them and find out.

it may be filed at a court near, but not necesarily YOUR local court, so watch out for that.

[rob14973]

Thanks for the reply's

 

ok they have not sent any proof of the debt.

They have listed my local court.

 

Ok im just going to send them a cheque for £150. Is their a letter in the library i use for this?

[bazaar]

Stop right there, you run the risk of acknowledgement of the debt.

 

 

Wait until you get some more info,

most of all dont panic.

 

 

Is there a court reference number on the letter?

Have you called the court in question with that number?????

 

Here is a link where someone has exactly the same situation,

http://www.consumeractiongroup.co.uk/forum/legal-issues/252887-hamptons-cap1-lowell-stat.html#post2843279

 

 

IMHO I would start comparing notes to see if this is a generic threatogram,

which will make you panic enough to pay something, Hamptons

( as well as other DCA's) are ******s, they will all try new tricks.

 

I suggest you get on the blower and ask the court about this. It'll save you at least 150 quid for now.

 

OK later on they may issue a correct court claim,

but then you will defend it,

dont just give them money because some dickhead put a flyer through your door.

Its the same as paying money to some Nigerian git who says youve won the lottery, think about it.

[martin g]

You ignore this at your peril.

 

You have a dispute over charges and is the paperwork ok, CCA, default notices etc available to the creditor?

 

Have you any assets or are you a man of straw, it costs money to push through bankrupcy and it only worth Hamptons time if you can extract a return.

 

How much is outstanding? Again the limit is £750 but I think most judges would think that the creditor wa pushing their luck much below £1,500 especially if there are unlawful charges.

 

I do urge you to apply for a set aside and put Hampton to strict proof on the paperwork, CPR disclosure and rules do not apply in the bankrupcy court.

 

Martin g

[rob14973]

HI

 

ok the sd was issued on the 16th to my wife cos i was not in. So i have not got a great deal of time!

 

i owe £900 alledgedly.

cap one owe me £950 in unlawful charges.

capital one defaulted me after they offered me a part settlement in response to my LBA. I never took this to court due to personal issues at the time.

 

They also passed over my debt of £900 to different DCA's which i sent out letters telling them the account was in dispute .They stopped chasing me.

 

They passed it to hamptons but i dont know if i ever sent them the same letter.

 

I don't have much paperwork of my claim for charges due my pc blowing up so lost the copies. However i do have the response for my lba. Also a letter from one of the DCA's letting me know they were not pursuing the debt because the account was in dispute.

 

i have not sent a cca to hamptons

 

hope this is a bit more clearer of my situation.

[bazaar]

OK, now its a little clearer, DD sorry to have queried this, but IMO you are on the right track. get the sum under the 750, then do one letter

[rob14973]

Yes i know its messy.

 

Once i pay Hamptons the cash can i finish what i started with capital one.

 

thanks

[rhodium78]

once last thing. Should i just phone them and pay over phone? or can anyone point me to a good template letter as letter writing is not one of my strong points.

 

thanks in advance.

 

If I may be as bold as to offer a suggestion:

 

WITHOUT PREJUDICE

 

Dear Sirs,

 

Please find enclosed an ex gratia payment of £151.00, cheque number/banker's draft number xxxxxxxxxxx however I am not implying or accepting liability or responsibility for any debt that you allege I have with yourselves or any other creditor by offering this ex gratia payment.

 

I expect a receipt for this ex gratia payment within 7 days of the date of this letter.

 

Yours faithfully,

 

rob14973

 

Do not sign the letter....

 

As diddydicky has wisely stated, send it special delivery.

 

Also, make sure you have WITHOUT PREJUDICE in there because otherwise it can be twisted and used against you.

[rhodium78]

In the fact that despite you not admitting liability, it is not an ex gratia payment. Ex gratia in itself admits no liability and has grounding in common law as to it's purpose.

 

Also by not putting W/P, you are leaving yourself open to your letter being displayed in court and explaining why you made a payment for £151.00 which conveniently happens to put you under the threshold. Some things are just not worth arguing and hence why you put in W/P. LIPs have a hard enough time in court without arguing other points.

 

I forgot to add the reference there so good catch. Drinking and cag is not a good mix.

 

Just add the reference in there...

 

I agree with your point of not referring to an account.

.. the letter must be amended to reference to the alleged account but ex gratia still stands.

 

 

It is not a gift but a voluntary payment you undertake. You are stating,

I don't owe you anything legally and hence I am not compelled to make this payment to this account,

but I will out of kindness.

It is slightly different to the connotation that it is a gift. Some research on the subject might be in order.

 

To amend the letter with a line from yours:

 

"Please find enclosed an ex gratia payment of £151.00, cheque number/banker's draft number xxxxxxxxxxx to be credited to the above account however I am not implying or accepting liability or responsibility for any debt that you allege I have with yourselves or any other creditor by offering this ex gratia payment."

 

As regards W/P... the point is no need to go there, even if it is legitimate... all it takes is one misinformed individual to query you on it and you having to explain it. You are not losing anything by writing W/P so I don't understand why the resistance to something that you can use to your advantage.

 

You have more faith in the court system than I do. I have lost my "innocence" and gained cynicism a long time ago. Nice to see you still have yours.

[lilly white]

ex gratia payment

 

Definition

 

Sum of money paid when there was no obligation or liabity to pay it

 

Or in laymans terms an offer of goodwill .

 

o and if they do not like it tell them to bring it on,

 

lilly

[rob14973]

ok my 18 days is up on saturday so time is running out.

 

I can use a cheque from my family but will it clear in time??

 

Bankers cheque take 2 days to order so cannot go down that route.

 

Bit of a daft question,

 

Will i have to phone them to find, who i make the cheque payable.

 

thanks Rob

 

Just to add i have 21 days to make a payment and 18 days to sd. So bit more time than i thought. Not much though.

[bazaar]

Photocopy the cheque as well, we wouldnt want them saying there was nothing in the envelope would we?