Lowel/Carter claimform - cap1 credit card debt

[dx100uk]

Ok finally managed to get signed into mcol however claim number or password don't match so will try in morning. thx for the advice much appreciated.

 

 

Rob

 

 

create a new individual user first

then log in with those details

 

 

then select AOS

 

 

and use the details from the claimform

 

 

dx

[rob14973]

Ok been onto mcol registered and then typed in claim number and password and it keeps coming up the password or claim number don't match :/ so will have to wait till Monday to ring them bit strange.

[dx100uk]

quite usual for mcol to not work

should be ok Monday

[rob14973]

Hi

 

In my cpr request do i leave in termination notice. Its not mentioned in claims of particulars.

 

Regards

 

Rob

[Old Cogger]

quite usual for mcol to not work

should be ok Monday

 

 

 

[email protected] make sure you quote case number send the documents etc there

[dx100uk]

Hi

 

In my cpr request do i leave in termination notice. Its not mentioned in claims of particulars.

 

Regards

 

Rob

 

 

if termination is not mentioned the poc then take it out

[rob14973]

Thought so just wanted double check. Thanks

 

Rob

[rob14973]

OK having tried mcol its not working phoned court and they were very helpful not!!! So i have to send by email. Ok at this stage am i just sending the acknowledgment of service right ? Then the defense later when i have worked out the wording of defence ?

[AndyOrch]

Correct Rob

[rob14973]

Thx Can i just ask the email further up thread is this correct just want to make sure

[dx100uk]

Àre you logging into mcol first

With the individual user you created and that long number you got

After registration..

 

Then AOS respond to a claim

And the stuff. Required he claim form is then not working?

 

Dx

[AndyOrch]

Thx Can i just ask the email further up thread is this correct just want to make sure

 

Yes that's the correct one to use.

[rob14973]

Àre you logging into mcol first

With the individual user you created and that long number you got

After registration..

 

Then AOS respond to a claim

And the stuff. Required he claim form is then not working?

 

Dx

 

Yeah done all that i can sign in etc but the password and claim don't match. So i have done done the acknowledged service form via email.

[dx100uk]

[rob14973]

I had my response to my 31.14 from farter

 

We write further to to your recent letter requesting disclosure pursuant to part 31.14 of the civil procedure rules

 

The claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim. practise direction 7c point 1.4 (3A) eliminates the requirement to attach documents to the particulars of claim when they are issued by this court.

 

This matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.

 

Its the original creditors policy to issue agreements at the start of the contract and statements through out the duration of the agreement and, in this regard we ask you to refer to your own records.

 

please respond to the claim form using the response pack provided by the court.

 

we recommended you seek independant legal advice

[dx100uk]

STD carter response

Ignore

 

Read a few other threads

[rob14973]

Ok Im about to put my defence up, its has to be filed by Friday and done by email due tech issues. I have a question when i got defaulted by cap1 the account was in dispute do i put this in the defence or do i just defend against the claimants POC.

 

Particulars of Claim

 

1. The Claimant claims the sum of 750.00 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Capital One .

 

2. The Defendant's account number was XXXXXXXXXXXXXXXX and was assigned to the Claimant on 19/12/2008, notice of this has been given to the Defendant.

 

3. The Defendant has failed to maintain contractual repayment under the terms of the agreement and the default notice has been served which has not been complied with.

 

4.The Claimant claims the sum of 750.00 and costs. The claimant also claims interest pursuant to S69 county court act 1984 at a rate of 8%per annum from the date of assignment of the agreement.

 

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. I have held an account with Capital One for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request.

 

3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. paragraph 3 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this..

 

5. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement; and

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

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

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

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

7. On the alternative, if 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 Act 1974.

 

 

8. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

9. 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.

[shamrocker]

Is this definitely not statute barred?

[dx100uk]

if you've not paid anything since 03/2008

 

 

then id be filing the SB defence:

 

 

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

[rob14973]

if you've not paid anything since 03/2008

 

 

then id be filing the SB defence:

 

 

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

Hi

 

I thought the ex gratia payment is classed as a payment which was done in 2010.

 

Regards

 

Rob

[dx100uk]

if you mean a payment by them on charges refund

that is not a payment by you

doesn't count

go file the SB defence today

if that's the case

[rob14973]

No i paid Lowell 150 pounds as an ex gratia payment as they were trying to go down statutory demand route . Its earlier in the thread. I paid them £150 to get the debt below £750 as advised on here in 2010

 

Regards

 

Rob

[rob14973]

I would love to go down the SB route but before i do just want to make sure this is the right thing to do because of the above.

 

Regards

 

Rob

[AndyOrch]

Then its not statute barred Rob.

 

Andy

[rob14973]

Ok Andy is my defence ok further up the thread.

 

Regards

 

Rob