Lowell, county court business centre

[MIKE770]

Re: Lowell, county court business centre

do not miss the deadline 4 p..m. to-day! Thru MCOL, any problem with their link use E-Mail address:-


Claim responses & directions: ccbcaq@hmcts.gsi.gov.uk

[Amethyst]

Re: Lowell, county court business centre

Got it. Just double checking against the thread now

[Amethyst]

Re: Lowell, county court business centre

Okay have included a little about the fraudulent transaction - simply because it will make it easier to bring that up should they produce the agreement and also ( if they read it) might make them think twice about pushing this one forward as it's likely to get complicated ( for them ).

Not sure if you will fit this onto MCOL so you might have to email - I'd give the court a call before emailing to check their instructions for doing so as they have recently had a bit of an overhaul of their email addresses.

( don't forget to put the claim number back in before submitting )
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1: I received the claim XXXXXXX from the Northampton County Court Business Centre on 12th August 2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement between myself and Capital One regulated under the Consumer Credit Act 1974. The Claimant has not stated when the alleged agreement began.

4: It is denied that the sum claimed, or any sum, is owed to Capital One or to the Claimant.

5: The Claimant has not provided any details of how the sum claimed has been calculated or provided any evidence that any sum is owed at all.

6. I have, in the past, held an account with Capital One, however the account was closed many years ago following a fraudulent transaction on the account made by an unknown third party. As the particulars of claim are so vague I do not know if this Claim is related, and I am unable to plead further in this respect.

7. The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio I Ltd on 25th September 2014. The Defendant has not received formal notification of this assignment.

8. It is denied that Capital One served any Default Notice pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9: On the 17th August 2016 I sent a request to Lowell Solictors via Royal Mail recorded delivery for inspection of documents mentioned in the Claimants statement of case pursuant to CPR 31.14. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Neither the Claimant nor their Solicitor have sent any of these documents to me.

11. On the 17th August 2016 I sent a formal request for a copy of the original agreement to the Claimant, as creditor, pursuant to s78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has not sent any copy of the alleged credit agreement and therefore has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16: It is therefore denied that the Claimant is entitled to the relief as claimed, or at all.

Statement of Truth



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[Zee82]

Re: Lowell, county court business centre

Ame your a star, thank you so much.

I'll see if it will fit if not I'll call them.

[Zee82]

Re: Lowell, county court business centre

do not miss the deadline 4 p..m. to-day! Thru MCOL, any problem with their link use E-Mail address:-


Claim responses & directions: ccbcaq@hmcts.gsi.gov.uk

Its not going through im getting an error messge i dont think its too long as its showing 42 lines remaining

We are sorry, but your request has been rejected owing to one or more technical reasons.
Please check your input and try again. If you continue to get this message then please contact the Money Claim helpdesk.

It can be contacted for support between 9:00am and 5:00pm, Monday to Friday on:

Tel: 0845 601 5935
Fax: 0845 601 5889

If you prefer to write your query instead, please contact:

Money Claim Online
Northampton County Court
21-27, St. Katherine Street
Northampton
NN1 2LH

Or email to customerservice.mcol@hmcourts-service.gsi.gov.uk

Please make a note of the following support id: 1193349104112891670

- - - Updated - - -

And the 0845 number does not work

[MIKE770]

Re: Lowell, county court business centre

send recorded delivery 1st class in the morning as a back up and quote the support id:- 11493349104112891670 they reference ,

also for info only:-

Money claim online		0845 601 5935	01604 619402		Helpline number
Money Claim Online		0845 601 5935
money claim online		0845 601 5935
Northampton County Court		0845 601 5935	01604 619402		This is the direct number for money claim online you will need your case number.

[Zee82]

Re: Lowell, county court business centre

It's ok Mike I sorted it in time.

I rang the court and they sent me an email and told me to reply to the email with my defence which i did, I also sent it to the email you put up on here.

And finally I kept at it on the site which at this point was saying its down due to maintenance, but luckily around 3.20pm it went through so jobs a good one sent in 3 places now lol.

Just like to say big Thank you to everyone on here that helped me with this and I will keep you updated how I get on.

Thanks

[Zee82]

Re: Lowell, county court business centre

Update

ive received a letter from lowell solictors saying they have issued court procedings, but they have not provided me with documents i requsted that they sais they would once the got hold of them (cca, assignment, defualt) so i thought it was not enforceable??


we refer to the above matter to confirm we have received your defence.

we have reviewed the contents and note you that you state the account is fraudulent.

our client has requested that you provide evidence of fraudulent activity on the above account such as a crime reference number in order for this to be fully investigated. We can also confirm that the dispute has also been raised with the original client and a response will be forwarded to you upon receipt.

pleae note legal proceedings have now been issued and you should respond to any court documents that is sent to you.

we look forward to hearing from you.

[nemesis45]

Re: Lowell, county court business centre

Update

ive received a letter from lowell solictors saying they have issued court procedings, but they have not provided me with documents i requsted that they sais they would once the got hold of them (cca, assignment, defualt) so i thought it was not enforceable??


we refer to the above matter to confirm we have received your defence.

we have reviewed the contents and note you that you state the account is fraudulent.

our client has requested that you provide evidence of fraudulent activity on the above account such as a crime reference number in order for this to be fully investigated. We can also confirm that the dispute has also been raised with the original client and a response will be forwarded to you upon receipt.

pleae note legal proceedings have now been issued and you should respond to any court documents that is sent to you.

we look forward to hearing from you.

The act of issuing a court claim is not enforcement, the despicable debt industry will issue claims purely in the hope that alleged debtors will panic and pay up.

Was this letter from Lowell Solicitors Ltd.?

nem

[Zee82]

Re: Lowell, county court business centre

The act of issuing a court claim is not enforcement, the despicable debt industry will issue claims purely in the hope that alleged debtors will panic and pay up.

Was this letter from Lowell Solicitors Ltd.?

nem

Hi Nem,

i missed an old pm from you so just sent you a reply.

yes its from Lowell solictors
po box 1419
northampton
nn2 1bu

[nemesis45]

Re: Lowell, county court business centre

Hi Nem,

i missed an old pm from you so just sent you a reply.

yes its from Lowell solictors
po box 1419
northampton
nn2 1bu

Thought so!

Is there any evidence of any sort to back up the " fraudulent " statement Zee.

nme

[Zee82]

Re: Lowell, county court business centre

Thought so!

Is there any evidence of any sort to back up the " fraudulent " statement Zee.

nme

Not from my side now Nem, i dont have any of the capitalone paperwork in regards to it, and as for crime reffrence number i dont have one, due to reson being at the time i thought it was just an error on capitalone behalf and was also never advised buy them to report it, all they told me was they would ivestigate it and not to worry.

[nemesis45]

Re: Lowell, county court business centre

Not from my side now Nem, i dont have any of the capitalone paperwork in regards to it, and as for crime reffrence number i dont have one, due to reson being at the time i thought it was just an error on capitalone behalf and was also never advised buy them to report it, all they told me was they would ivestigate it and not to worry.

OK Capone said the would investigate but just sold on the debt without responding further?

I wonder if a call to Capone to see if they can give you any info that might help may help.

nem

[Zee82]

Re: Lowell, county court business centre

OK Capone said the would investigate but just sold on the debt without responding further?

I wonder if a call to Capone to see if they can give you any info that might help may help.

nem

no they took it off the account but months down the line they put it back on saying we belive it to be your transaction, thats the reason they never got paid.

[nemesis45]

Re: Lowell, county court business centre

no they took it off the account but months down the line they put it back on saying we belive it to be your transaction, thats the reason they never got paid.

OK. I think yow will have to put a narrative of the events, was there any reason given for them taking this view?

nem