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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  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 [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website 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 Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 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   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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 assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  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? Changed supplier What was the date of your last payment? Never  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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Drew v Capital


andyford2000
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It should do, this should'nt affect Credit Cards.

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I dont know Andy, but I can tell you Im Reeeeeeeeeeeeeeeeally Pis*ed off with them.:mad:

 

I thought I was virtually home & dry, & this claim has been a real blood, sweat & tears effort let me tell you!!!

 

Painty has just PM'd me with a letter that I can send to the court so I shall go off and have a good read & I will let you guys know.

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Bad news down here in the South West today.:(

 

My N1 went in last week & I got a letter back today & the courts have decided to apply a Stay until the outcome of the OFT test case!!!

 

I cant believe it & am outraged.

 

This is the first Ive heard of Cap 1 having a stay, what about you?

 

 

There is a letter to ask for the stay to be removed on here - the credit cards should go ahead as the OFT case is about bank OD charges etc..

You can ask the claim goes ahead - it's worth a try anyway?

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  • 1 month later...
I am just about to file a N1 against capital and was wondering, am I allowed to change my charges claimed form to include futher charges incurred and also work the complete interest out up until the date I put the claim in.

 

 

Yes you can change the list of charges right up till when you register your N1 to include the more recent charges.

 

Did you manage to get a copy of the CCA to establish whether the CCA was enforceable or not? Reason I am asking is if you have asked for a copy of the CCA and they haven't complied or they have given you a copy of the application form etc.. you can include a request for the CCA within your N1 POC's and ask Judge to order CAP1 to comply etc.. as part of your claim.

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  • 2 months later...
  • 2 weeks later...
  • 1 month later...

Yes Andy. Update your schedule of charges, which will adjust the interest your claiming. Also fill in the N1, pay the fee, then the wait.

WARNING TO ALL

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  • 3 weeks later...
i am thinking of send cap1 a prelimanry approach letter again for all charges and ppi payments too, is there a template letter to cover both in one letter

 

many thanks in advance

 

Have you done the N1 already?

 

If you haven't it is fine to just enclose a separate schedule sheet for the charges alongside your other charges - and write them into your POC's on the N1 form. This way your claim will be for both the reclaim of charges and the PPI together.

 

Otherwise you could just amend your claim and add these PPI charges to your original claim.

 

If you are just sending a letter asking for PPI also you can adapt the other letter to do this.

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this is what i am proposing sending as a final LBA incorporating both PPI and Bank Charges

 

your thoughts welcomed

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

13th March 2008

 

 

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1036.00 plus £1011.92p which you have charged me in interest for the sums which you have taken. Total £2047.92p

 

Furthermore;

I once again stress that, I have no knowledge of signing any document regarding payment protection. If this was the case and I had requested payment protection, then why did you cease taking payments in February of this year (2007).

 

I am therefore once again requesting ANY documented information regarding this agreement that I presume you will say I had agreed to pay, in the form of paperwork, filed claim form, or verbatim transcript or recording of any conversation regarding this application in line with the data protection act.

 

I have no recollection what so ever of applying for payment protection therefore if you cannot provide any proof then, I request my money back - £273.39p, I also wish to claim interest of £304.55p making a total of £577.94p.This being the amount I require as a full refund if proof that I consented to these charges being taken, cannot be found. I request that you reply to me with either the proof or a cheque within 14 days otherwise I will have no alternative but to pursue this matter through County Court.

 

Further more, I feel that I have no alternative but to also report this matter to the Financial Services Authority and also the Office of Fair Trading with regards your conduct in this matter as you have already been fined by the FSA in January 2007.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

 

 

Finally;

I also want to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have issued me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours faithfully,

 

 

 

 

 

 

 

Andrew Ford

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Sorry Andrew, i have missed your post. The letter looks ok, just the wait now to see what the reply will be.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

Update;;;;

 

whilst i was waiting for a reply to my letter above i thought I had better route out the documentation they have already sent in reply to my CCA request;

 

these are scans of the documents concerned;

 

first of all is this really a valid agreement;

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20071.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20072.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20073.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20074.jpg

 

http://i33.photobucket.com/albums/d70/andyford/17thAugust20075.jpg

 

then i got the following, which just has my signature on it, the terms and conditions i cannot remember ever seeing and it aint attached to the signed part.

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20071.jpg

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20073.jpg

 

http://i33.photobucket.com/albums/d70/andyford/7thSeptember20072.jpg

 

I sent them the letter in the above posting and got this reply today;

 

http://i33.photobucket.com/albums/d70/andyford/27thMarch20081.jpg

 

no mention at all with regards the PPI aspect of the letter;

 

also from debitas this morning i received the following 2 letters

 

http://i33.photobucket.com/albums/d70/andyford/Debitas27thMarch20081.jpg

 

http://i33.photobucket.com/albums/d70/andyford/Debitas27thMarch20082.jpg

 

i had sent the following letter to debitas on the 14th March

 

 

Dear Sir/Madam,

 

Capital One Bank - Account Number: 1234567890

 

 

Thank you for your template threatening letter dated 3rd March 2008, proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and Capital One Bank regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for unlawful harassment.

 

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

 

 

 

 

Andrew Ford

 

 

 

your urgent thoughts would be most appreciated now, should i just through the towel in and pay them what i owe, because it seems to me they have me by the short and curlies on this one

 

 

please tell me otherwise

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Update;;;;

 

your urgent thoughts would be most appreciated now, should i just through the towel in and pay them what i owe, because it seems to me they have me by the short and curlies on this one

 

 

please tell me otherwise

 

 

No don't do that - I just PM'd you.

 

Andrew I haven't read the whole of your thread. COUPLE OF QUESTIONS

 

Have you already done a court N1 form - if so where are you at with it.

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