Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
  • Our picks

Bobsfrancis

I need some help please with a Debt Collecting Agency, (DCA)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 938 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all I need some help please with a Debt Collecting Agency, (DCA)

 

I recently received a letter from a DCA stating that if I did not contact them they would start Court proceedings against me for a debt.

 

I believe that the DCA company did not give me enough time to answer to their letter they sent and that they have started proceedings without giving me a chance to answer or ask them questions about this debt.

 

My question is simple

does the DCA have to state when this 14 days begins,

or is there a law that states that they must give five days for the letter to arrive in the post from the date of the letter that they send similar to the Court claim form?

 

Here is the sample of the dates,

don’t want to give precise details as I am concerned that these agencies follow these sites and use the information as part of their claim against individuals.

 

 

But these dates are the same in length of notice time that I received.

Working back on these dates seem to me to be unreasonable.

 

Letter from DCA dated on 27/10/2016 (Must respond in 14 days) but this letter arrived on 2/11/2016 at my address.

 

Claim form arrived on the 16/11/2016 but the Court Claim form had the date 14/11/2016 on it.

Share this post


Link to post
Share on other sites

I don't think a letter before action has to provide say 21 days notice, before they issued a court claim.

 

You would be best advised to post full details of the court claim received on the financial legal page on CAG. A company like Lowell seem to issue hundreds of court claims every week and whilst they might read CAG, there is b*gger all they can do, if someone properly defends a claim. If you see the legal page, a significant number of claims that are defended, end up being discontinued.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thread moved to Financial Legal Issues..please continue to post here to your thread.

 

Have you actually received a Court Claim N1 ? or is this a hypothetical post ?

 

If you have and it was dated 14/11/2016 have you defended the claim ?

 

Who is the DCA ?

 

What is the debt ?

 

Lets avoid the smoke and mirrors and have the details of whats going on.

 

Please read the following link and then copy and paste the Q,s and your responses back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

we need that link done please

no need to hide anymore

too late for that now.

and the fact they didn't comply to pre action protocol is somewhat immaterial now.


..

Share this post


Link to post
Share on other sites

The first question I would ask is what has forced this question now 7 months down the line from when the claim was issued? I'd be highly surprised if they haven't had a judgment by default registered by now... Please respond to the link in post 3 so that the guys and girls here can help you forthwith if there's anything left to salvage that is...


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

Share this post


Link to post
Share on other sites

Hi Andy,

 

Yes have received N1 form and filled it in on time and sent back.

The dates i placed here as i stated were not the correct dates but the same time scale.

 

 

I believe the DCA started proceedings before actually giving me the 14 days to actually respond to them and that's why i was asking the question really.

 

 

I am reticent to give too much details here but the debt is a credit card debt on an account opened before 2002. Shoo smiths were acting on behalf of Arrow Global, this is what is stated on the County Court Form.

 

I have requested a CCA from both companies and sent the one pound fee but as of yet have not received any response to my letters and emails.

 

 

Not sure what i should do next because i have not received any further information from the County Court either. They did respond to say the received my defense.

 

Any advice or thoughts would be appreciated. Many thanks

 

Bobs

Share this post


Link to post
Share on other sites

there are 100's of thread here wit the details of that link andy post

please give us the info we need to help you.

 

 

fill that link out please


..

Share this post


Link to post
Share on other sites

Very difficult to advise Bob without the details...the particulars of claim.....the history of the debt......your defence......what stage you are at now ?

 

Like asking me what I thought of the book and you wont tell me the title:wink:

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...