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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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sewingkit

Lowell claimform - 2xCap1 card debts

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Hi Everyone,

 

I’ve just received a Lowell county court claim form (N1SDT, N9, etc) for 2 capital one credit cards dated 23/1


I’d like some help with it, is there a thread here detail what steps I should follow?
 

I.e do I just N9 and start paying or do I counterclaim and get détails of the CCA, etc

 

i saw citizenB thread on claim form where I copy and paste questions and answers re. initial facts, should I do that here. I have access to a PC and printer for scanning docs  etc

 

TIA

 

 

 

 

 

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

 

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

 

 

Andy

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We could do with some help from you.

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

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thanks Andy, will do

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Name of the Claimant ? – Capital One/Lowell

 

Date of issue – 23/01

 

Particulars of Claim What is the claim for – the reason they have issued the claim? 

 

1)The Claim comprises the following

Agreements the Defendant entered into:

a. Capital one (Europe) Plc with reference (Card no) and current balance of £xxxx

b. Capital one (Europe) Plc with reference (Card no) and current balance of £xxxx

The agreements were terminated as payments were not maintained and subsequently assigned to claimant.

And the Claimant claims:

a) The total of said sums being £xxxx

b) Interest pursuant to s69 County Courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £103.70

c) Costs

 

 

What is the total value of the claim? £1500 (approx.)

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? - Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? - No

 

Did you inform the claimant of your change of address? n/a


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? – 2 x Credit Cards

 

When did you enter into the original agreement before or after April 2007 ? - No

 

Do you recall how you entered into the agreement...On line /In branch/By post ? – Online on a PC browser

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. – Original creditor (I Think) I think/assume Lowell are acting on behalf of Capital One.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? -n/a

 

Did you receive a Default Notice from the original creditor? - Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? – Yes, I think so, I would have to did out or might have thrown away

 

Why did you cease payments? – Could not afford to pay due to other debts

 

What was the date of your last payment? Approx August 2017

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

So, I see the Assigment comment there so I have to find the notice of assignment,

I cant remember either way if I received one, 50/50 tbf, memory is so sketchy these day.

 

I would have to spend some time going through loasd of mail and there is a small chance I might have thrown it away, very small as I doubt myself on everything at the moment

 

Thanks

 

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So, I see the Assignment comment there so I have to find the notice of assignment, I cant remember either way if I received one, 50/50 tbf, memory is so sketchy these day. I would have to spend some time goign through loas of mail and there is a small chance I might have thrown it away, very small as I doubt myself on everything at the moment

 

Thanks

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thank you. thread tidied.

 

you will need to send 2 CCA requests one for each listed A/C number.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


please don't hit Quote...just type we know what we said earlier..

 

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Thanks Dx, I HAVE to go to work now but will read and action all this today/alter after work. 

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