Lowells Claimform - old Cap1 Card 'debt'

[AndyOrch]

Maybe but thats not our concern and is for Cap One to investigate...as they should have before flogging the debt to a DCA..who has then issued a court claim under false pretences.As long as a defence is submitted to stop it in its tracks...the rest is between themselves.

[charlie6867]

ok thanks understand now will get on with it.

[AndyOrch]

Have a go at preparing a draft charlie and post here and then we will customise it to fit the circumstances which have since come to light.

 

Andy

[charlie6867]

Hi

 

 

1.The defendant entered into a consumer credit act 1974 regulated agreement with Capital One under account ref xxxxxxxxxxxx ('the agreement))

The defendant failed to maintain the required payments and a default notice was served and not complied with.

 

2.The agreement was later assigned to the claimant on 23/11/2012 and notice given to the defendant

Despite repeated requests for payment the sum of £1650 remains due and outstanding.

3.And the claimant claims:

The said sum of £1650, interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £xxxbut limited to one year being £xxxx

 

This is the defence I have drafted so far.

 

The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is noted, I do not recall having financial dealings with Capital one in the past. I am unaware of what account the claimant refers to, I am unaware of what alleged debt the claimant refers to having failed adequately to give particulars of its claim, as of this date the claimant has failed to comply with my section 78 request and therefore remains in default in S78.

 

Paragraph 2 is denied, I deny having received statutory notices in the form of a default notice required under section 87 of the Consumer Credit Act. I also deny having received statutory notices in the form of notice of sums in arrears as required by the Consumer Credit Act.

 

Paragraph 3 is denied I can't ever recall receiving any notice of assignment from Capital One.

 

Paragraph 4 is denied I can't ever recall receiving requests for payment.

 

It is therefore denied with regards to the defendant owing any monies to the claimant the claimant has failed to provide any evidence of assignment, balance or breach requested by CPR 31.14 therefore the claimant is put to the strictest proof to:

 

1. Show how the defendant has entered into an agreement.

2. Show how the defendant has reached the amount claimed for.

3. Show how the claimant has the legal right, either under statute or equity to issue a claim.

 

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the claimants particulars to establish what the claim is for. To date they have failed to comply with my section 78 request and remain in default with regards to my CPR31.14 request.

 

In light of the above Capital One was contacted by the defendant, it was noted that the particulars they hold on their file concerning this Capital One account, do not match the information I have given to them or with the information on my credit file. Consequently the matter has been referred to their Fraud Team for further investigation.

 

Is this any good so far ??

[AndyOrch]

Requires a little tweaking charlie...I will take a look later...but yes so far so good...well done.

 

Andy

[charlie6867]

Thank you

[charlie6867]

Hi,

 

Did anyone get a chance to look at my defence it needs to be in Monday latest, really wanted to get in today, many thanks

[AndyOrch]

Particulars of Claim

 

1.The defendant entered into a consumer credit act 1974 regulated agreement with Capital One under account ref xxxxxxxxxxxx ('the agreement))

The defendant failed to maintain the required payments and a default notice was served and not complied with.

 

2.The agreement was later assigned to the claimant on 23/11/2012 and notice given to the defendant

Despite repeated requests for payment the sum of £1650 remains due and outstanding.

 

3.And the claimant claims:

The said sum of £1650, interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £xxxbut limited to one year being £xxxx

 

 

Proposed defence

 

 

The defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is denied.Having spoke to Capital One on receipt of this claim the Original Creditor has confirmed that this agreement was taken out in 2007 using a property address that I did not reside at until 2009.Capital One have confirmed that the debt has now been passed to their internal fraud investigation department and inform me that they will instruct the claimant same.

 

Paragraph 2 is denied for the above reason.

 

Paragraph 3 is denied for the above reason.

 

Notwithstanding the above

 

It is therefore denied with regards to the defendant owing any monies to the claimant the claimant has failed to provide any evidence of assignment, balance or breach requested by CPR 31.14 therefore the claimant is put to the strictest proof to:

 

1. Show how the defendant has entered into an agreement.

2.Show and evidence the nature of breach and service of a Default Notice;

3. Show how the defendant has reached the amount claimed for.

4. Show how the claimant has the legal right, either under statute or equity to issue a claim.

 

I have requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the claimants particulars to establish what the claim is for. To date they have failed to comply with my CPR31.14 request and section 78 request and remain in default.

 

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.

[charlie6867]

Many thanks, said what I wanted to say but in a lot better way

[AndyOrch]

Many thanks, said what I wanted to say but in a lot better way

 

[charlie6867]

Hi,

 

Have had my reply from Cap one concerning the account,

the letter I got back from them in a nutshell says,

 

 

yes it is your debt now go and pay Lowell!!

 

 

No explanation for the incorrect information they hold nothing.

 

 

To get to the bottom of this I thought my next course of action is to send Cap one a SAR,

is this the correct way to go?

 

Many thanks

[dx100uk]

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