It was struck out due to non-attendance by the claimants/claimants representative. However, I believe that this was either deliberate to avoid costs because they believed they would lose, or a technical oversight - the original solicitors BC was changed last month to Lowell Solicitors and the original Witness Statement and letter from BC stated that they would not be attending and they did not think to re confirm non attendance....I'll live in the world where my case was so good they weren't going to win anyway

Thanks DX, And to Andy and all of the other moderators and members who assisted in helping me to this stage. I wont go into details at the minute, but I am delighted and relieved in equal measure. This also puts the account clearly into SB territory so even if they decided to come back at me they could not get the case opened. Does the SB issue in any way hamper my potential claim for PPI?

**UPDATE** Case struck out. Can I now ask advice regarding PPI owing on this account - am I able to claim it back? Thanks

not heard anything yet but assume I will get something through in the next few days. Judge did say that it would be at least 6 wks from then before a new date.

Do I await a new date in court or do I compile this now and send it in, with a copy to BC? Thanks

Hi Folks, Well today was ok, managed to get through the meeting with the judge without pooing myself. The claim has been adjourned for a further period subject to new evidence submitted. I have to submit a further witness statement in support of my contentions that the claim is statute barred. Kinda mixed feelings, but pleased that it wasnt the slam dunk that BC believed it would be when communicating with me and the courts. NDY.

Andy, have pm you with an update. Thanks NDY.

Andy, is it possible to speak with you off the record so to speak? I really would rather not post up on the open forum but I would appreciate being able to ask a question privately. Thanks.

Yes, the court have everything

disclosure? I fear I'm too dim to be doing this job

I have made a statement to the court reference my belief that the debt is statute barred - is that what you mean? I have done so and the court/judge has filed my statement awaiting the hearing.

lowell/bryan carter - sorry DX i have CAP1 in my head as the name of the debt and it doesn't matter who owns it now, all I can think of is what the debt means to me in my head. took me a minute to realise why you were questioning it

Thanks Andy, I'm just going through all my paperwork and making copies of anything relevant that I may have sent them. Fingers Crossed!

they argue that I entered the agreement with card number etc referencing the agreement exhibited, yet what they exhibit is the signed application form. hey state that I last made payment to the account 2/2010, yet as far as I'm aware any payments made to them after 4/2009 were £1 cheques sent with CCA request letters as that is all I can find in my paperwork, which is very sketchy from mid 2009 onwards. They laterally state that I do not deny I entered into an agreement with CAP1 (which I do) and that I have no valid defence. They submit that I do not have a valid defence and that they are therefore awarded full claim plus costs of 50p per day, plus court costs of £350.

the witness statement is 3 pages long - what exactly is it I should be looking at?

Hi All, Just a quick update. CAP1 have filed there defence and will not be attending court tomorrow, is there anything glaringly obvious I need to know? Thanks

Hi All, Well my house has been full of lurgy but just an update. We had our 1 hour mediation last week, with the case remaining unresolved and heading to court at the end of the year. On the £2200 (figures not exact) debt they offered a F&F settlement figure of £1450. They believe that what they have is a fully enforceable agreement and the chap speaking on behalf of Lowells apparently stated that he had used such agreements in the past to win cases. What we are faced with is arguing in court on the day that what they have provided is not an enforceable agreement under the CCA. Can I ask, in your experience, what is the likelihood of such an argument being successful? Is it 60/40 in their favour, or more like 80/20... .I'm just concerned that allowing it to go to court is essentially guaranteeing me a CCJ whereas if I set up a repayment for £5/month now I may be paying a debt into my 70s but I'll be able to move on with my life and rebuild my credit at some stage in the future. Also, which option is best for me given that I know Lowell 'own' other debts belonging to me totally approx £30k none of which will be statute barred until early nxt year given that the CCA request £1 payments were credited to various accounts up until April 2010? I know this is all a bit jumbled so please ask if you need clarification - my snotty baby keeps sneezing over my screen!

Sham & The Mould - Thank you. I will go for mediation - infact, it was the mediation service themselves who advised me that this was an admitance of owing some debt to the other side, which quite shocked me as I would have expected them to be impartial. I have also worked out the PPI with todays dates brought into things, and it all but cover the fee they are claiming for. So I will submit the claim to Cap 1 tomorrow. I am of the thought not to mention PPi to the other side at this stage. The reason being is that if they get wind of a potential PPI claim being available, they could perhaps decide to be more demanding in how they deal with me and what they expect from me given my current circumstances. Or am I wrong in assuming that? Or, if I were to mention PPI to them and the amounts being claimed during the mediation process, would they at this stage return the account to CAP 1? Or is court inevitable if we dont reach agreement during mediation? Thanks.

do you mean in relation to my complaint with them surrounding the ppi and charges on my account? Yes, I have a letter from May 2009 which was my request with figures included and there response which came finally in January 2010. Should I scan and add them here?

Thanks Shamrocker, I have understood that to be the case with T&Cs myself, but I havent looked into that for a while so will do so. The PPi and mediation is another issue for sure. I have just this morning phoned about mediation and they made it very clear to me that by entering into mediation I am admitting to the court that I owe lowell some kind of debt. I believe this not to be the case and situation in point is the PPI. I made the claim to Cap 1 at least 6 years ago for the ppi paid and charges and they offered to return £16 of late charges only. I disputed this and then they sold the account to lowell, whilst the account was still in dispute - over many issues - but especially on the basis of the PPi owed. So what do I do now? Do I send lowell a PPi claim in the hope that they will return the account to Cap One? Is that likely or how will they proceed? Do I send the claim again to Cap 1 citing that they should never have sold the account to Lowell whilst it was in dispute? Do I do both? Do I accept mediation or decline it on the basis that the debt should never have been sold to Lowells? I really dont want to end up in front of a judge, having sat through mediation, and in his eyes showing from the outset that I owe lowells this money. I am on the back foot here from the outset in that instance. Help! Thanks.

Yes have a statement from them with most of it applied, though not all (have to check that one) How would I be able to check if the terms were included with the application/agreement? all they have done is send me a photocopy of various terms ad stated that those are the terms that would have applied when I took out the card.

if its interest at 8% it was around £1100. If it was interest at the levels they charged me, £2000 odds and covered the debt.

I agree shamrocker that the PPi is a case for cap 1, but they sold the account on whilst it was in dispute over PPI and unlawful payments (amongst other reasons), so perhaps if I introduce this now to BC and lowell, the account will be handed back to CAP 1 and the court case would go away - too easy?? I dont believe I have as yet mentioned PPI to either so is this the way forward? rather than a counterclaim?

The two pager came before the 1 pager, just posted them up the wrong way around, apologies