macker16
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I'll send you what i've got with acc numbers on Thank you dx100uk
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What you thinking dx100uk? Can i put it down as a point to raise against them?
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Documents now sent
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I will do that
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In my first document upload page 2 paragraph 4. The Defendants application was accpeted by Newday Ltd and the Defendant entered into a Regulated Credit Agreement (the "Agreement") for the provision of a Credit Card under account number (this in where the unknown number appears). Card Number (is exactly how it appears on the other documentation.)
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Hi dx100uk In the WS No4 they have documented an account number and card number. The card number is the same in paragraph 4 as it is in all the other documents they have provided but the account number that i mentioned in paragraph 4 is not on any of the documents its a different account number the same account number appears on all (if that makes sense) So either the WS has put the wrong account number down or all the docs they have provided have the wrong account number on??? Macker16
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Thank you, i just noticed that the date on the Notice of Assignment letter and the letter from the new owner of the debt are exactly the same, this seems a bit strange as well?
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I'm sorry i'm getting confused (doesn't take alot) the numbers that dont match, am i referring to the account number mentioned in the witness statement and the docs they have sent. Do i need to set it out in any particular way like putting the case number etc or just bullet points
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Thank you jon8214, i am now starting to put all the doc in order and do the bullet points. Also, is there any point in mentioning that in the WS the account number they have put is not the one that is on the documents that are referring to, the card number is the same but the account number in WS is not. Macker16
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Hi I have looked at the NI57 in post #124, bit confused why i never had that written on my letter, like i said i only received the 1 page and on the back of that page was my name and address? Is a WS always required for this type of hearing? Do you think the courts have made an error and not sent the other page? With not having done a WS should i just document the key points, like no default notice, credit agreement is in the wrong creditors name as i did not have a credit agreement with Newday and the bottom of the credit agreement appearing to be doctored? Do you know if at these hearing i will be given the opportunity to put these points across or does the judge just go off the documents you provide them with? Many thanks Macker16
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Hi again Can someone explain to me about Carey v HSBC, the courts asked for the original credit agreement and they are relying on this Carey v HSBc and are providing a re-constituted one. What does this mean, sorry for being thick but i'm baffled by all this legal stuff.
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Morning Everyone I have looked at N157 and there was definately only 1 page, on the back of that page is my address that was folded to appear through the window envelope? So from now do i just do a bullet point doc for myself of the key points that i need to bring up at the hearing? In post 2 it is mentioned about the CCA being doctored, i have two docs that i have uploaded, 1 had my address on and the other had another persons name on it. I took the credit card out in October 2013 but the date at the bottom says 01/03/2013 is this what you are referring to and am i right in thinking that the credit agreement should have said Progressive Finance not Newday Ltd? Do i push on the fact that there is no hard copy of the default notice, just a screenshot of what they are saying is the default notice being sent? Macker16
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Hi, the POC are as follows: 1.This claim is for the sum of £ in respect of monies owing under an Agreement with the account no **************** pursuant to the Consumer Credit Act 1974 (CCA) The debt was legally assigned by Newday Limited (EX AQUA) to the Claimant and notice has been served. 3.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £635.46 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 30/09/15 to the date hereof 138 is the sum of £19.22. 3. Future interest accuring at the daily rate of £.14 4. Cost I have uploaded the 2 letters that i have received from the local court, i heard nothing about the claim from June 2016 to November 2017. There is nothing on there about a WS, does that mean i didn't need to do one? I have uploaded the defence i submitted, i already i know that it is not very good, like i said i was taking advice from a not so good forum. Macker16 Defence & Court letters.pdf
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Will do, i have now completely dropped as i thought i had there was a glimmer of hope after reading the previous post. My defence that i sent back in 2016 is not very good, like i said i was being advised by somebody on another forum. I have since submitted a defence using the guidance of Andy and DX so can really see how different they are. Would it of been on any court paperwork saying that i need to submit a WS within 14 days or is this something that i should have none? Seriously kicking myself now! Macker16
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I didn't know i had to put a witness statement in this really isn't looking good.
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Hi Everyone, Firstly thank you for all your replies. I'm currently at work till 8pm and will upload the POC when i get home. I'll also have a look to see what paperwork i can find. What do you mean about WS? I've only submitted a defence which was back in 2016 and did say that i never received any document. Many thanks Macker16
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Hi Looking for some last minute advice with this claim, when i started to tackle this back in 2016 i was taking advice from another forum and now know that the CPR18 was the wrong approach. The debt is for a credit card that was taken out in 2013, the total debt is £654.68, £784.68 with the court fees. My first communication from Hoist Portfolio was 2 weeks before the court paperwork arrived. I am appearing in court on Friday to try and defend this claim. I received a claim form from the court on the 18 Feb 2016. On the 22 Feb i sent a CCA request and a CPR18. On the 14 March i submitted my defence having received non of the information i had requested via the CPR18 and CCA request. On the 4 May i received the directions questionnaire which i selected mediation, the claimant also chose mediation. On the 24 May i received an appointment for the mediation to take place followed by an email questionnaire which i completed and had to say no to the question that asked do you have enough information about the claim to enter negotiations, unfortunately because i didn't have any of the information i had requested and i answered no this then meant mediation was no longer an option. I then heard nothing more about this claim until i received a copy of a court order dated 3 November 2017 sent to the claimant asking them to provide all the information within 21 days that i had already asked them to provide in the CPR18 request and not received. The claimant then had until the 10 January 2018 to pay a fee or the case would have been struck out. The claimant has provided what i believe to be all the information requested by the court and the hearing is on Friday. I have uploaded what they have sent me. I am not sure where to start with this, i dont know if its relevant but the account number that is menationed in the witness statement is different to what is on all the other documents but the card number is correct. Documents provided Witness Statment Terms & Conditions/Re-constituted Agreement Statement of account (not uploaded) Copy of Claimants predecessors system Notice of assignment Robinson Way letter Why when the defendant requests the information the claimant doesn't provide it, a year can pass by with hearing nothing, the courts request the information and they provide it straight away?? I know this is all very last minute but any advice would be much appreciated. Many thanks Macker16 claimant ws.pdf
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PPI Claim on debt over 6 yes old
macker16 replied to macker16's topic in Payment Protection Insurance (PPI)
Thanks for the reply dx100uk, I'll let her know. -
Hi I'm posting on behalf of a friend who hado a capital one credit which was now over 6 yrs since default date. The debt was sold to Cabot, she would like to know if she can claim the ppi back on the debt? Thanks in advance for any advice given
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I hadn't heard about Lincoln closing but would make sense for it then being transferred to another County Court. I'll just have to wait and see what happens next. Thanks for confirming what pre judgement meant. Macker16
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I kind of feel a bit better after reading that Andy, i had meant it to mean that they were preparing the paperwork to issue to CCJ. It feels like its all dragging on as i though the claim had already been allocated to small claims and i already completed the directions paperwork long before it was allocated to Lincoln. Is this all normal practice?
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Hi I have just spoken to Peterborough County Court as i still hadn't heard anything following the letter that i have December saying the claim had been transferred to Peterborough. The advisor i spoke to said it has been passed to the district judge for Pre Judgement, what does this mean? Many thanks Macker16
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Cabot/Mortimer claimform - old Capital One debt
macker16 replied to macker16's topic in Financial Legal Issues
Thank you so much Andy, do i need to send a copy to the Claimant or the Solicitors? Macker16 -
Cabot/Mortimer claimform - old Capital One debt
macker16 replied to macker16's topic in Financial Legal Issues
Morning Andy I didn't receive any of that information prior to the claim. I'll copy and paste it and then repost for hopefully a thumbs up that it's ok to go. ☺ Macker16 -
Cabot/Mortimer claimform - old Capital One debt
macker16 replied to macker16's topic in Financial Legal Issues
Hi Few changes made, is this now acceptable to upload? Particulars of Claim 1.By an agreement between CAPITAL ONE BANK (EUR OPE) PLC & the Defendant on or around the 29/07/2014 (the Agreement) CAPITAL ONE BANK (EUR OPE) PLC agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated. 3. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS £316.82 Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted, the Defendant is unable to confirm if this is an account once held with Capital One as no account number has been documented and have therefore requested clarification by way of CPR 31.14 and section78 request. 3 .Paragraph 2 is denied as the defendant is not aware of what agreement the claimant purports to rely on. The defendant has requested copies of the documentation relied upon by way of a CPR 31.14 request dated 27 December 2017. The Claimant has failed to produce any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of Section 78 request. The Defendant denies owing any monies to the Claimant. 4. Paragraph 3 is denied. The Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. 5. 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 Sections 136 of the Law of Property Act and Section 82A of the consumer credit act 1974. 6. On the 27 December 2017 I made a legal request by way of section 78 to the Claimant. The Claimant has not yet produced the requested documents, therefore I am unable to fully defend this claim. 7. As per Civil Procedure Rule 16.5 (4) it is expected that the claimant prove the allegation that money is owed and evidence any breach by way of notice of notice of default notice or sums in arrears. Therefore the Claimant is put the strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of breach and service of a valid Default Notice. © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. By way reason of the facts set out above, it is denied that the claimant is entitled to the relief claimed or any relief. Thanks for looking Macker16
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