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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ 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?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan 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 ?  I believe it was done online on their app 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.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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
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capquest deed of assignment


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I've had a response from my local trading standards, although i did write to the one in hampshire. They have said that Capquest have told them they can not provide the credit agreement. They have speculated that Capquest might return the account to capital one. However they are saying i should continued to pay as they will probably pass my account to another dca and they may take me to court even without the agreement. They say a list of account usage will be enough to prove i owe the money. Also i have finally had a response from scotscall saying as my letter was not sent recorded delivery it took a month to get to them. What a blatant lie, i did send recorded delivery and it arrived on the 25th of may. They say they have requested the agreement but in the mean time i should pay them. I don't think so, if Capquest couldn't get the paperwork i can't see how they will get it. Not sure what to do now, maybe time for me to bring capital one to court.

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you should CCA Capital One direct, this stops them from passing it onto ANYONE Else.

 

also if Capquest have admitted they cant provide the legal document, this too stops them from passing on ANY information.

 

I would write to capquest to inform them youve been made aware via Trading Standards that they do NOT hold a copy of the CCA and that this means they are not allowed under the OFT Guidelines to continue to persue this alleged debt, or to pass this onto anyone else while the alleged debt remains in dispute, if they do you will report them to the ICO for breach of the Data Protection Act.

 

 

hope this information helps.

  • Haha 1

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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PS - might be worth writing to Scotscall saying that Via Royal Mails track and trace delivery service you have written proof that the letter was delivered on the 25th of may and would produce this in court, next to their letter of blatant lies and remind them that since you have the proff the letter was delivered on the 25th of May they have obviously went over the 12 day default period, therefore you are legally allowed to stop payment until and unless your legal requests are satisfied,

 

that should put fear into them :-D

 

PS - list of account usage may prove you OWE money, but without the CCA it becomes unenforceable (dont put that in letter though, you keep that to yourself)

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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Just realised the letter from scotscall says please be advised we are unable to provide the requested agreement. Please contact your creditor to request this document. In the meantime please continue to make make payments to scotscall. I have never made payments to them. Why have they not requested capital one to provide the agreement. And maybe neither have Capquest contacted capital one. Funny how capital one apparently sent me this same agreement over a month ago. Thats what Capquest told me in may. Not sure if i should just leave it or send cca to capital one?

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send CCA to Cap 1

 

tell Scotscall because they are unable to provide an agreement they have no legal right to collect on this debt and demand all files be passed back to Capital one for their attention, failure to do so will result in a complaint to the ICO for breach of Data Protection Act.

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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  • 2 weeks later...

Well I sent CCA to Capital one on Saturday 30th of June and had nothing back yet, so fingers crossed.

But had a letter from scotscall saying final notice. If I do not pay the full amount in 7 days thay will have no choice but to return the account to Capital One and recommend legal action.

That's the funniest threat I've ever had. I want them to pass it back to Capital One, that's what I've been trying to get them and Capquest to do for the last 2 months. And i'm not too scared of legal action until they send my agreement. Thanks for everyone's help over the last few months, especially Kenny. At least now it will come to a head, either they send my agreement and I will start to pay again or they will default, or try and palm me off with an application form, if so they will have to bring me to court before they get another penny from me.

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i would still write to them and say

 

"because you cannot supply the CCA - you have no legal right to ask for payments on this alleged debt and therefore your letters are threatening and harrasing, cease this now or i will have no other option but to report you to the relevant authorities.

 

PS - pass the files back you clown!

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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i would still write to them and say

 

"because you cannot supply the CCA - you have no legal right to ask for payments on this alleged debt and therefore your letters are threatening and harrasing, cease this now or i will have no other option but to report you to the relevant authorities.

 

PS - pass the files back you clown!

 

Sounds good to me!!

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  • 1 month later...

Well finally i have been sent the application form. Despite there being a recieved stamp showing april the 30th they told trading standards they could not get a copy a couple of months ago. They now say it is imperative i start to make payments. Also the form clearly shows i ticked no to Ppi but they still charged me for the whole time of the account. Weirdest thing is the account balance shows £0.00. So not sure what is my next step. I am tempted to send a letter saying as gesture of goodwill i am willing to pay off the balance on an ex-gratia basis as i do not acknowledge this debt. And send a cheque for zero pounds. Ha ha

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well if you didnt tick the PPI and they charged you, i think you should now SAR (if you havent already) and claim that back.

 

plus if the account balance is ZERO - they have nothing to collect on :-D

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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I already have all statements. But i'm quite sure if i take all the Ppi off it is still less than the final settlement they've offered me. The balance shows zero, but its probably a mistake. So i wil wait for there next letter to see. But i may offer 20% final settlement take it or leave it or i will see you in court. Just want it over and done with now.

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i would claim back all PPI charges for sure.

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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Just looking at other threads in the ppi section it seems that when I phoned up to activate the card they forced me into saying yes to ppi. They would need to prove this so the form saying no should be all I need to win. I am wondering now that as they are on dodgy ground, they would think against taking me to court, only having an application form and no executed agreement, of which the form shows they have fraudulently taken money from me.

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Hi All,

 

Been reading through and had a little light bulb moment !!!

A previous post has highlighted that his Egg loan agreement may not have all the prescribed terms for it to be enforceable.

I have compared this against my own and its identical.Now this means that CQ are chasing a debt that cannot be collected.

 

As i am a long way into a full complaint with the ICO, TS and the FSA against Capquest, would it now be prudent to take this matter through the small claims court and finish it off once and for all, or let the relevent authorities continue with their enforcement procedure ??

 

Any help would be very much appreciated...

 

Jetbags

Consumer Action Group, the forum for all of us.:)

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Jetbags if you are absolutely sure the prescribed terms are not there, by all means forge ahead with the small claims. However make sure your POC is detailed and draw reference to whatever documents & letters they have supplied or sent to you and the deficiencies. Check threads across the forum thoroughly to properly flesh out your POC and arguments.

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I would be very careful. All the egg agreements I've seen so far have been borderline, but enforceable.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 weeks later...

I decided to wait and see what would arrive next in the post from Capquest. However I recieved a letter today from Capital One, they have sold my apparent debt to Lowell Portfolio. I'm not sure if this is a good thing or not. It proves that Capital One realise they are fighting a losing battle.

But now I suppose I will have to CCA Lowell Portfolio and start the ball rolling all over again.

I'm not sure how aggressive these guys are, But I'm sure that the fact there is no valid Credit agreement will not make them roll over easy.

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I must admit I am very annoyed though that I offered 25% full and final settlement to them months ago due to the lack of executed agreement and the fact that the balance I owe is made up of unlawful charges and PPI insurance that I never signed up for, now they have probably sold my debt for 10%, this should be illegal.

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Just about to type up new cca to lowell portfolio. Should i add in the letter that capital one have defaulted on my cca request as have Capquest and scotscall. Also they have acted unlawfully selling my apparent debt as it is in dispute. Also should i add the balance is made up of unlawful charges and Ppi i never signed for, and also point out that trading standards have been involved. I will give them a choice of passing back to cap one if possible now they have bought it or accept my full and final settlement of 20% of total balance on an ex-gratia basis. Any input would be appreciated.

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Well i sent the cca and full and final settlement letter to lowells yesterday and it has iden signed for today. Just a quick question. Now my debt has been sold to lowell's how many defaults will now be registered? Will there be defaults for capital one, Capquest, scotscall and now lowells? Just thinking positively ahead in case they accept my offer. Although i know there aint much hope of that.

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only the creditor who OWNS the debt can put a default on your credit file, but from what i understand you cant be defaulted more than once for the same debt,

 

has the debt 100% been sold to lowells and not just passed on for collection on behalf of Cap 1????????

  • Haha 1

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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Yes had a letter from Capital One saying they sold the debt on the 14th of August 2007.

Even though the agreement is in dispute! tut tut.

I have offered Lowells 20% full and final settlement. I said if you can not agree to these terms I would strongly advise you pass back to Capital One.

 

Not sure if they can now as they have purrchased the debt though!

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i suggest getting a copy of your credit file, see how many defaults are there, from who, and get back to us.

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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PS - if there is NO CCA i wouldnt offer them ANYTHING!

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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