Cabot/Reston Claim Form - Cap1 Card 'debt' Please Help

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Take a look in the above forum......I would think carefully before considering a counter claim.

 

Regards

 

Andy

[Piano Cube]

Had a read and was going to start writing the defense on the grounds of not having received a reply from the most recent CCA. Obviously enter it after the time limit to supply the documents has expired. If this is sufficient then I wont pursue a counterclaim.

 

Should I mention the other CCAs that I got no response from as well?

[dx100uk]

yes and yes

 

 

but you have no real need to file it until the day its due.

[Piano Cube]

I'll have it ready in plenty of time anyway and post on here for a review if that's okay.

 

If a CCA request gets sent back to the original creditor, (assuming the dca has no documentation that is). Wouldn't CapOne be in breach of something by selling it on after that?

[dx100uk]

nope

 

 

most debts are sold on simply a phishing list database with minimal details

it gets popped into a PC and it churns the rubbish out they want to send

 

 

9/10 no human involvement other than to check the outstanding balance if its worth fleecing you

[Piano Cube]

Then it's lucky I know CAG

[Piano Cube]

So, got a reply from Restons re CPR request.

 

Surprise surprise they are asking for a signature before they can comply.

 

I have a letter to be used in the case of a CCA reply where they ask for a signature. Is it worth tweaking that or just leaving it to wait for the CCA?

[catquest]

I can't understand the obsession on CAG about not providing a signature. Do you think a firm like Restons would forge your signature onto a document ?

[dx100uk]

doesn't matter ignore them

 

 

you do not have to sign

plus reston don't do cpr anyway

 

 

ignore

 

 

dx

[Bazooka Boo]

I can't understand the obsession on CAG about not providing a signature. Do you think a firm like Restons would forge your signature onto a document ?

 

You're missing the point, but I'm pretty sure you know the reason why signatures are not required on certain requests for information?

[Piano Cube]

Cheers for the advice, I'll ignore and see what the CCA can bring up.

[Piano Cube]

Hows this for the defense, I'd like to get it in early as I've got a busy week ahead and any advice is appreciated:

 

Particulars of Claim

 

1 The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and Capital One dated on or about May 01 2007 and assigned to the Claimant.

 

Proposed 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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on xx/xx/xx, which has not been complied with and this agreement is disputed.

 

3 The Defendant requested copies of the documentation relied upon by way of a CPR 31.14 request dated xx/xx/xx, the claimant in their reply dated xx/xx/xx has failed to supply any supporting documentation.

 

4 The Defendant has two previous requests made under section 78 of the CCA 1974 dated xx/xx/xx and xx/xx/xx that have not been complied with.

 

5 It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore 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 show how the Claimant has the legal right either under statute or equity to issue a claim.

 

6 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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 and Property Act and Section 82A of the Consumer Credit Act 1974.

 

8 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.

[AndyOrch]

Your point 4 Piano.....

 

If they were made to previous DCA or OC then they are irrelevant...only refer to anything in connection to CAbot.

 

Andy

[Piano Cube]

Cheers Andy, I've deleted that part. Are there any other changes you'd recommend before I put this in?

[AndyOrch]

Your point 2 could do with a little further explanation.....

 

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. Furthermore the claimant is in default of a request made under section 78 of the CCA 1974 made on xx/xx/xx, which has not been complied with and this agreement is disputed.

 

Why is it denied ?...the fact that the claimant remains in default of your request is a reason but should not be made the priority reason and basis of your pleading.

 

Andy

[Piano Cube]

2 The Defendant accepts that he has held an account with Capital One but the amount claimed is denied. It is unclear as to how the claimant arrived at the given figure.

 

I'm a little stuck as to a better way to put this, any ideas if this is not sufficient?

[AndyOrch]

2 The Defendant accepts that he has held an account with Capital One in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding.I have therefore sought clarity by way of a section 78 and a statement of account.The claimant has yet to comply and remains in default of said request.

[Piano Cube]

Cheers Andy, you're a star!

 

If that's everything, I'll get it in today at some point.

[AndyOrch]

[Piano Cube]

got this from Restons today.

 

 

Is it just them stalling

 

 

or should I reply with the proof of the CCA

 

 

and a reminder that the CPR doesn't need to be signed?

Restons Redacted.pdf

[dx100uk]

usual crap from that rectums chef

ignore

[Piano Cube]

Cool will do, cheers dx

[Bazooka Boo]

Pestons running scared, just their way of trying to save face, before they throw in the towel.

[Piano Cube]

So the case has been Stayed, as they have not replied to the defense.

 

Can I apply to get the case thrown out or will this happen naturally if they don't reply back to the court?

[AndyOrch]

So the case has been Stayed, as they have not replied to the defense.

 

Can I apply to get the case thrown out or will this happen naturally if they don't reply back to the court?

 

Nothing to strike out as the claim is stayed...its only a prospective claim until its allocated.

 

Andy