Cap 1 court claim

[Mmmm11]

Hi
so I’m in the middle of a court claim made by capital one via Overdales solicitors for an old credit card claim.
have sent CCA AND CPR request with help from a similar site.

recieved back a small bundle from Overdales which I have attached.
everything seems ok to an untrained eye apart from the fact the terms and conditions are extremely short compared to similar cap 1 terms and conditions.
can anyone help with possibly defending this going forward?

[Mmmm11]

Overdales response.pdf this is what has been sent by overdales

[echat11]

Hi MMMM11

Welcome to LB

Copy and paste back to this thread without personal details -

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?

[Mmmm11]

Received a claim? Yes
Issue Date:8 may 24
Have you Acknowledged the Claim?:tes
Total Amount Claimed : 2000
Claimant’s Name:lowell
Solicitors Firm:over dales
Original Creditor: cap 1
Original Debt (eg. Credit card
Particulars of Claim: the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx

2. the dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with

3. the debt was legally assigned to the claimant on 18-03-21 notice of which has been given to defendant

4. the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£

the claimant claims the sum of 1782£

Is the debt Statute Barred no
CPR received
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?2018

[echat11]

Here is an example Defence.

https://legalbeagles.info/library/gu...-court-claims/

When you Acknowledge Service of the Claim, that gives you an extra 14 days to file you Defence with the Court.

So from the 8th May you have 14 + 14 days (5 days postage)., so you Defence should have been filed with the Court early June.

We are now in July. The best thing to do is give the Court a ring, check if they've got a Default Judgement, if not, file the Defence via MCOL.

In the Defence, you are only responding to the Claimant's Particulars of Claim.

[Mmmm11]

Hi Echat11

that’s all been done. I am at the stage where DQS have been filed. A reply to the cpr request has been received from overdales. And I have powered it at post number 2

[echat11]

Hi Echat11

that’s all been done. I am at the stage where DQS have been filed. A reply to the cpr request has been received from overdales. And I have powered it at post number 2

Did you send a copy of the DQ to the Claimants solicitor?

Did you ask for mediation?

Will take a look at the document posted.

a) It's difficult to read, either it's 'illegible' or the photo taken is poor.

b) The account was opened in 2016, not 2018.

c) There is no Letter of Assignment.

d) Has the agreement been 'varied'? i.e. has the interest rate increased? has the credit limit increased? etc since the account was opened.

Send a Subject Access Request to Capital One, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[Mmmm11]

Hi echat.

yes Dq sent to overdales and yes to mediation too.
there is an notice of assignment but it looks typed up and not on headed paper.
the T&c seems good with only IP address missing.
there was a increase in credit limit.
but no idea if there was a increase in interest rate

[echat11]

Hi echat.

yes Dq sent to overdales and yes to mediation too.
there is an notice of assignment but it looks typed up and not on headed paper.
the T&c seems good with only IP address missing.
there was a increase in credit limit.
but no idea if there was a increase in interest rate

That's why you need to send a SAR request, once you get that info, you can tell whether there are anomalies in the documentation they have sent. That will help your Defence when you do your Witness Statement.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

[Mmmm11]

Thanks echat. Will get sar sent off

im guessing the Assignment can be remedied?

also is there any weight to the IP address missing on the agreement?

[echat11]

Thanks echat. Will get sar sent off

im guessing the Assignment can be remedied?

also is there any weight to the IP address missing on the agreement?

Sometimes they use screenshots to show that a letter of assignment has been sent to the debtor.

If the account is opened online then it should have an IP address.

Some more info - https://lawzone.legal/when-is-a-cred...ribed%20manner.

[Mmmm11]

Ok. Sar is done

do they also need to annual notice of sums in arrears. Which I have never had

[echat11]

Ok. Sar is done

do they also need to annual notice of sums in arrears. Which I have never had

Normally they send Notice of Sums after you've missed 2 payments.

[Mmmm11]

Ahhok. There’s some posts by a solicitor on here who states they need to be sent annually after you have defaulted.

anyway guess I need to wait for the witness statements now.

thanks for your help

[echat11]

Ahhok. There’s some posts by a solicitor on here who states they need to be sent annually after you have defaulted.

anyway guess I need to wait for the witness statements now.

thanks for your help

(2)The creditor or owner—

(a)shall, within the period of 14 days beginning with the day on which the conditions mentioned in subsection (1) are satisfied, give the debtor or hirer a notice under this section; and

(b)after the giving of that notice, shall give him further notices under this section at intervals of not more than six months.

https://www.legislation.gov.uk/ukpga...d-default-sums

You'll need to build your defence, so getting as much information as possible together. Once you get the SAR information, you can see what they should have done and what they actually did.