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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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Letter to Capquest


sarahpp
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Oh yes they DO send letters. This is how they hound people when they dont have their number!!!

 

Next time they say they dont send letters, say "oh thats funny, because Im looking at a pile of letters here from you. are you saying that even though they are on your headed papers, they are not from you"?

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I think because I had not followed up the CCA letter I'd forgotten about it .all they have done is alert me to firing off the next letter(s) along the line of , "you've no agreement so go away and don't annoy me again" I saw one in the library,but not as short

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Guess what?

 

capquest have just sent me another 'give us 28 days letter' does the right arm know what the left is doing or what????????

 

I have no intention of supplying them with any information..if they want it...let them go find it. It's quite evident to me that they don't have any credit agreement of mine.....do I just lie back and wait for the next letter or should I fire off a letter? Any ideas?

 

looks like they've defaulted on the cca request, I'm going to fill in a complaint form for the OFT tomorrow.

 

Salisburyowl

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but they don't write letters do they?.....;)

 

I have looked at your earlier post and it looks like they should have received your request on 31st Jan (?) so, yes, they are in default but, pesonally I would wait until the 12days + 1 calendar month is up and then complain to Trading Standards because a criminal offence will have been committed. I think that the OFT come in with the failure to send you an up to date statement of account as per their guidelines. I don't think the request for the Agreement comes under their remit, just breaches of their guidelines (which are on a sticky at the top of the general debt forum I think)

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Companies House. Have access to website. And they were liquidated on 19 September 2005. No company with the name HL credit control officially exists.

 

I did a bit of digging as have problems with them too. They may be known as another company called HLLC Limited there is a website for hllc.co.uk but the phone number just goes through to voice mail. However I have a letter from "H L Legal Solicitors" with a quote at the bottom HL Legal & collections also practices as HL Credit Control and HL Legal they have no company number or anything relating to their registered status.

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

<a href="http://www.consumeractiongroup.co.uk"><b><font color="#FF0000" face="Verdana, Arial, Helvetica, sans-serif">The Consumer Action Group</font></b></a> - <font color="#FF9900" face="Verdana, Arial, Helvetica, sans-serif">Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.</font>

 

_____________________________________________

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hi there just wanting to subscribe to the thread, WELL DONE stick to your guns, ive spent literally over 4 hours today going through posts, im getting so much knowledge!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Subscribing

 

This must be one of the most addictive forums on the internet. Im hooked. Its good to know that there are so many decent folk out there who have been bullied and threatened by these parasites who do not appear to have heard of GOOGLE and give scant regard to the law. Lots of them must be losing out on their monthly bonuses in their call centres when so many refuse to even speak to them. Most of my alleged debts are now reaching the six year mark and then I will have some fun with the b******s

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Subscribing

 

This must be one of the most addictive forums on the internet. Im hooked. Its good to know that there are so many decent folk out there who have been bullied and threatened by these parasites who do not appear to have heard of GOOGLE and give scant regard to the law. Lots of them must be losing out on their monthly bonuses in their call centres when so many refuse to even speak to them. Most of my alleged debts are now reaching the six year mark and then I will have some fun with the b******s

 

Just subscribing, at a similar junction at the moment with Arrow Global and MBNA. Good luck!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I found this which may help you:

Dear Sir/Madam

 

COMPLAINT UNDER SECTION 77(1) and SECTION 78(1) CONSUMER CREDIT ACT (1974)

 

I submitted the enclosed notice under Section 77(1) and 78(1) of the Consumer Credit Act 1974 to **** on (date) in respect of an alleged debt to them (their reference XXXXX).

 

To date ******* have not responded to this notice as required by law in that they have not supplied a copy of the alleged original signed agreement .

 

As more than 42 days have now elapsed, ****** has committed a criminal offence and I wish to submit a formal complaint to you.

 

I would be obliged if you confirm what action you propose to take in respect of this matter.

 

 

Yours faithfully

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Hi iam actually dealing with this company at the moment, i was paying £50 pound a month which they have just raised to £60, £50 was bad enough. Anyway im hoping ive kept my letters from them because im sure i had lots of scary threats from them in letters which is why i agreed to start paying off my debt promptly. If i havent, do you think i can ask them for copys of all correspondance they sent to me, or do you think if they know i havent got them they will include all appropriete things they should have done to begin with?. thnx.

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A Subject Access Request will compel them to provide all of the information which they hold on you. It will cost you a £10 fee (they cannot charge you any more than that). There is an SAR template in the library section. You will need to adjust it slightly to reflect the fact that you are asking for all information held. They have 40 days to supply this.

 

I can't comment as to whether Capquest would make alterations as that may be a potentially defamatory statement. The law clearly states that they should not do this.

 

Obviously, it may be better if you could find all of the documentation yourself but, I understand that filing systems do go awry (mine for example!) particularly if the subject matter is distressing.

 

Good Luck, whatever you decide to do

 

Sarah

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Sarah

 

I echo your point on filing. Like many, during my bury head in sand phase, I didn't even open letters (thankfully I kept most of them though). Now my filing system is my friend, especially when battling on so many fronts.

 

And now, thanks to CAG, I've the strength to open all letters!

 

Regards

 

Lantana

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  • 2 weeks later...

Well capquest have sent me some copies of amex statements...funny thing is I requested a CCA not SAR and even then I wouldn't count 1 years statements 2005/6 as fulfilling any SAR request.

 

What are capquest playing at eh? Not long now before they have commited a criminal offence. :D

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Well capquest have sent me some copies of amex statements...funny thing is I requested a CCA not SAR and even then I wouldn't count 1 years statements 2005/6 as fulfilling any SAR request.

 

What are capquest playing at eh? Not long now before they have commited a criminal offence. :D

They know exactly what is required from them by law. They even employ pet in house lawyers. They work on the assumption that you the alleged debtor are not fully aware of your rights but thanks to sites like this and some of the undoubted experts on here their bluff, bullying and blatant mistruths (by some) are failing to intimidate any more

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