Lowell/Overdales - OH's Cap1 Card Court Claim recieved.

[persha50]

Hi - my hubby received a claim form  from Overdales re his Ocean/Capital One credit card.

 

We have been disputing the charges on the account as it was during lock down that he went into arrears, lost his job and went self-employed which had it own problems.

 

Capital one were aware of him having financial issues but would not give him a "time out" for a few months which was happening during lock down if people were struggling financially. the charges they put on the account were totally unfair.

 

received the claim form on 17/01/23 

Went onto MCOL and ticked the relevant boxes. 

Sent Overdales a CPR 31.14 and hve submitted a defence. 

In the defence he mentioned that despite sending a CPR 31.14 no documentation had been received.

 

Yesterday 14/03 he received an email from Overdale (see below) saying that they have no record of a CPR (which is rubbish) as he posted and emailed them (due to all the postal strikes) and have proof.

 

Please note, we have requested the documentation from the Original Creditor and will be providing this to you in due course.

 

Please find enclosed the Notice of Assignment, which shows the Claimant is legally entitled to claim the debt.

 

He also received another email with a copy of the Direction Questionnaire which they have sent to the courts.

 

my question is are they supposed to fill in and send the Direction Questionnaire as from what I remember from the GB case it was us who filled the form in not GB

 

[dx100uk]

why didnt you start a thread when you 1st got the claimform?

 

did you send a CCA request also?

 

please complete our court sticky

and post up the the date and full defence you filed please.

 

also pop up on mcol and tell us the status of the claim too

[AndyOrch]

Quote

my question is are they supposed to fill in and send the Direction Questionnaire as from what I remember from the GB case it was us who filled the form in not GB

 Both parties must complete and file the DQ...but just because they have sent you a copy does not mean they have filed it with the court...log onto MCOL and check the status of the claim.

 

Please complete the following posting your responses back here with the Q,s then we have all the history of the debt and claim. Also please post a copy of the defence you submitted.

 

 

 

 

Andy

[Bazooka Boo]

Standard willy waving from this bunch.

They simply print off the DQ and send it to the defendant in the hope they'll wet themselves and cough up.

Once you discover the games they play and that they'll never go near the court because of the state of these Cr@p one accounts they just park it and it remains stayed, whilst they go off and find easier prey.