Claimform - Carter - Cap1 Card 'debt'

[hardcorehillrider]

Good evening,

 

I will outline my situation as briefly as possible...

 

Bryan Carter put in a claim for approximately £2260 relating to a credit card I had with Capital One

to Northampton County Court Business Centre, issue date 08th Aug 2014.

 

The debt is not statute bared

 

I responded to the claim appropriately on the money claim website

and informed them I would be defending my case.

 

I then proceeded to send CCA and CPR requests to BC and Lowell Finance.

 

All requests were denied in writing by BC on the basis that the courts protocol was followed

and that my case was most likely be allocated to the small claims track.

 

All of a sudden the due date for my defence was upon me and

I had nothing to go on so called the court advisers who advised me to file the form N244

with a fee requesting an extension to file my defence.

 

While researching how to fill in form N244 I stumbled across a forum post detailing a situation

where the defendant in similar circumstances had not only requested an extension

but requested that the judge ordered the claimant to supply the defendant with all the appropriate and relevant paperwork.

 

 

I effectively copy - pasted his covering letter, filled out the form appropriately and emailed it all off to the court

with copies of the letters BC had sent me denying their obligation to send me the paperwork.

 

Weeks went by and I'd heard nothing from BC or the courts

I called the courts to find out what was going on.

 

 

Only to be informed that they had not received my N244 and covering letter etc.

It transpires I'd made a mistake with the email address.

 

I was advised to resend it immediately which I duly did, this time receiving a delivery receipt. This was early November.

 

The very next day I received an envelope from BC containing a copy of my signed credit agreement and statements. No copy of the default notice?

 

Today I received a letter from the court informing me that the judge had deferred my application with the comment

"The Defendant must provide reasons within the application"

 

My question is... Where do I go from here?

 

regards

[citizenB]

I will try and find someone who can help you.

[Andyorch]

Thread moved to Financial Legal Issues.

 

Hi hardcorehillrider and welcome to CAG

 

And that is why you never force disclosure pre defence.....they may just well have all the necessary paperwork...so now you must submit your particularised defence refuting (if you can) what has been disclosed or complete the N9b admittance form offering a payment plan.

 

Never short cut the process it reduces your options as above.

 

Andy

[dx100uk]

can you scan up what you have been sent as the CCA return please

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.