someone please help. received a county court buisness centre letter from shoosmiths

[crystal2014]

Hi please can someone advice.
I had a credit card with capital one many years ago but due to financial difficulties and a dispute with them as they put up the interest rate on the card I stopped paying them. I have read other posts on here and noticed people mentioning they have requested info using forms but I have no idea what I'm doing or what I'm meant to be doing as since the last payment I made in which was around 4 years ago I have ignored letters that was sent to me and the many different companies that it had been passed to, I have moved to a few different addresses since then and have never confirmed my address.
About a week ago I received a letter from shoosmiths solicitors asking for payment to be made and again I didn't contact them as to be honest I was going to say that nobody by that bane lives at the address but due to other stress related issues I forgot to do it and now this morning I received a country court business centre letter from Northampton.
I have no idea what to do and feel so ill as I'm a single mum and on low earnings I struggle to pay my rent and council tax and just survive by living off my child and tax credits which barely feeds us.
What do I do. ... should I ignore the letter as I'm worried now that other debts will find me, I can't remember the total I owed or even my last payment.
The court letter is stating I owe 1499.00 and that it was assigned to the claimant on the 11/02/2011
Please someone give me advice as I have no family to ask for advice.
Thank you

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Hi,

DONT panic, DONT get upset, that's what they want!

Others will be along as well no doubt, but I'll get some stuff together to assist you now

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Right, for starters, you need to send this to whoever Shoosmith are acting for - who is the claimant named?

(It will say X Company v You on the claim form)

This is requesting a copy of the credit agreement they allege you originally signed - hey will need a copy of this to be able to enforce at court, they also need to show you have received a Section 87 Default notice under the Consumer Credit Act 1974, and show they have the right to sue via legal assignment of the debt from Capital One to them



Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

With reference to the above agreement, I would be grateful if you would send us a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully


(SIGN USING A COMPUTER FONT)

NAME

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

You also need to acknowledge the claim online IMMEDIATELY stating you intend to defend ALL the claim, this will then give you extra time to write a considered defence (with our help!)

If you don't acknowledge, they would be able to get Default judgment within 14 days (+5 days to allow for service of the claim to you) so it's very important to do this

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Can you also post up the full details of their claim - either type it out, or scan the claim form and post here - MINUS PERSONAL DETAILS OR THE CLAIM NUMBER

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

You also need to get a CPR31.14 request off to them, this will request copies of any documents they mention in the claim, but we'll deal with that once you have posted the full claim details

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

When was the card with Capital One originally taken out?

Was it a postal application or online?

[crystal2014]

Re: someone please help. received a county court buisness centre letter from shoosmi

When was the card with Capital One originally taken out?

Was it a postal application or online?

Hi im so sorry I have never used a forum before so not too sure how it's used.
I can't remember the exact date but it was around 14yrs ago and was done through postal if I remember correctly,

[crystal2014]

Re: someone please help. received a county court buisness centre letter from shoosmi

Can you also post up the full details of their claim - either type it out, or scan the claim form and post here - MINUS PERSONAL DETAILS OR THE CLAIM NUMBER

It states
Claimant arrow global Guernsey limited
Then address fire sending documents is
Shoosmiths llp
Northampton
Then I'm named as the defendant

Particulars of claim
1. The claimants claim is for the sum of 1599.00 being monies due from the defendant to the claimant under a regulated agreement between the defendant and capital one (Europe) plc
(No xxxcxcxxxxxxx) and assigned to the claimant on the 10/02/14
Notice of which has been provided to the defendant

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974

[crystal2014]

Re: someone please help. received a county court buisness centre letter from shoosmi

I feel so worried as I can't even think straight.
When I took out the credit card I was unemployed but think I told them I was self employed and the put a payment protection on it about a year later but as I was a good payer they kept increasing my credit and I found I was starting to struggle as I was paying mainly interest and ppi I then moved and my circumstances became worse and I was sent a letter telling me that the interest rate was going up and I had two options which was either cancel my agreement and keep making payments under the interest rate it was but I would obviously not be given anymore credit on the card, or I could agree to the new interest rate and continue getting credit.
I phoned the day after I received the letter to say I wanted to cancel and just pay off as I had been as I already found it hard with the interest rate it already was and I couldn't afford to do it.
I was then told I no longer had a option as I had missed the deadline and I would have to except the new terms and interest charges, I was appalled and told them I had only received the letter so how could this be the case but they was unwilling to help me and said there was nothing they could do so I told them I was canceling my direct debit and I did.
This was easily 5 or even more years ago and since moving at least 4 times I no longer have any paperwork in regards to capital one.

Thank you for trying to help as you would not believe how much it's affected me. I'm a single mum and on a low income as I can only work part time due to my daughter suffering from anxiety and depression and is only 14.

[crystal2014]

Re: someone please help. received a county court buisness centre letter from shoosmi

Hi do I send this to shoosmiths or arrow global Guernsey.
I don't even know my original reference number I had with capital one.

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Hi

Just a quick post to let you know I've seen this and will comment properly later on

Please don't worry, what I will say is the card being so old is likely to be in your favour as they are very unlikely to find a legally compliant agreement

I will post a substantial response later this morning

Again please don't worry, we will help



Oh, and absolutely no need for apologies, we were all new here once

:-)

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

Hi,

back now and will start looking through and answering below

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

It states
Claimant arrow global Guernsey limited
Then address fire sending documents is
Shoosmiths llp
Northampton
Then I'm named as the defendant

Particulars of claim
1. The claimants claim is for the sum of 1599.00 being monies due from the defendant to the claimant under a regulated agreement between the defendant and capital one (Europe) plc
(No xxxcxcxxxxxxx) and assigned to the claimant on the 10/02/14
Notice of which has been provided to the defendant

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974

This is good, as they mention:

1) The agreement
2) The assignment
3) The Default notice in the claim, makes life easier for the CPR 31.14 application

[ncf355]

Re: someone please help. received a county court buisness centre letter from shoosmi

OK then, addressed your main comments below -

I feel so worried as I can't even think straight.
Please, please don't worry - if you look around this forum you will see many people that have been helped in EXACTLY the same situation as yours and we will do our very best to help you sort this - this is not just bluster - I have been where you are!



When I took out the credit card I was unemployed but think I told them I was self employed and the put a payment protection on it about a year later but as I was a good payer they kept increasing my credit and I found I was starting to struggle as I was paying mainly interest and ppi

Have you attempted to claim back the PPI?

Can you remember what the highest balance you had was?

I then moved and my circumstances became worse and I was sent a letter telling me that the interest rate was going up and I had two options which was either cancel my agreement and keep making payments under the interest rate it was but I would obviously not be given anymore credit on the card, or I could agree to the new interest rate and continue getting credit.

I phoned the day after I received the letter to say I wanted to cancel and just pay off as I had been as I already found it hard with the interest rate it already was and I couldn't afford to do it.

I was then told I no longer had a option as I had missed the deadline and I would have to except the new terms and interest charges, I was appalled and told them I had only received the letter so how could this be the case but they was unwilling to help me and said there was nothing they could do so I told them I was canceling my direct debit and I did.

The interest rate increase after you made this clear statement to them is something we can look at after we deal with the court claim - if we don't remember, can you please make a note to come back on and remind us to look at this with you - there may be grounds to claim back the extra interest charged

This was easily 5 or even more years ago and since moving at least 4 times I no longer have any paperwork in regards to capital one.

We can still attempt to get the paperwork via other means, but lets concentrate on the here and now

Thank you for trying to help as you would not believe how much it's affected me. I'm a single mum and on a low income as I can only work part time due to my daughter suffering from anxiety and depression and is only 14.

People like you are this sites reason for existence, we enjoy nothing more than assisting people that are being put in such an awful place, again, please try not to worry we will do all we can to assist!