Court claim lowell Capital One credit card

[AndyOrch]

Hi and welcome to CAG

 

I have moved your topic to the appropriate forum...Financial Legal Issues.

 

You should of acknowledge service by the 10th Feb and stated your intended plea.Follow the instruction in the claim pack and go on line to acknowledge service now.

See if MCOL will still allow it and if so do it and come back here for further advice......defend all.

 

Andy

[AndyOrch]

Just tick defend all then exit for now........

[AndyOrch]

So it allowed you to acknowledge service and you have stated you intend to defend all...keep a record of your gateway username..your password is on the claim form.

 

Now read the following link and then copy the Q,s and your responses back here so we have all the details in one post.

 

 

[AndyOrch]

Your defence is not due or ready yet to submit ...you  just acknowledge service and state defend all and then exit.

 

The defence is due Monday 24th by 4.00pm...you will log back into MCOL and submit the defence.

 

Topic title updated

[AndyOrch]

Your defence is due on Monday so you wont get a response to a CCA or CPR in time to use as part of your defence.

 

Have a look in the following forum at example defences.

 

https://www.consumeractiongroup.co.uk/forum/369-legal-issues-subforums/

[AndyOrch]

Well normally you would have 33 days to respond but because you have failed to deal with it......which the DCAs that issue court claims love.....your time is restricted in preparation. I would advise you send the CCA and CPR 31.14 off today so at least they can be referred to within your defence even without a response they will still have to comply as the claim progress.You will use the normal holding defence that puts them to strict proof/ disclosure of the relevant documents required to enable them to enforce the agreement by way of the court claim. 

[AndyOrch]

No nothing to be gained in conversing with them...they only understand £$ and pence...not interested in anything else.

[AndyOrch]

8 minutes ago, trajay said:

Thanks.

Will keep away from that then..

That was the general view tbf 

 

Not ours 

[AndyOrch]

#########Defence'##########

 

The Defendant contends that the particulars of claim vague and are 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.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Capital One. I do not recall the precise details of the agreement and have therefore sought clarity by way of CPR 31.14 and section 78 request.

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has yet 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

(c) show and evidence the service of a Default Notice pursuant to sec 87 (1) of the CCA1974
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. The claimant has yet to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. 


7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as 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 consumer credit Act 1974.


9. 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.