** DISCONTINUED / settled in part ** Crying for help ! Please!

[Shann23]

Re: Crying for help ! Please!

I checked again, the £1 payment date was Nov 2011 and no way I will have send a CCA to them as upon checking the paperwork they’ve sent , notice of assignment was 2015? I don’t think I will pay £1 to Capital one for a £1 as well?
what do you think will happen to the court/case? please help me with the letter to send them .. I really don’t know what to do ������ thank you x

[MIKE770]

Re: Crying for help ! Please!

Phantom Payment if you say never sent any such amount? maybe challenge them as to who paid it/how/cheque or cash/ payment method/account paid from and whom???

[MIKE770]

Re: Crying for help ! Please!

@Amethyst

[Shann23]

Re: Crying for help ! Please!

payment received 24/11/2011 -£1
payment adjustment 29/11/2011 +£1

what does it mean please?

[Amethyst]

Re: Crying for help ! Please!

It's gone in and been taken back off again, seems like some accounting procedure which you can ask them for strict proof of payment method etc as it seems to be central to the case being statute barred or not. If you can get a copy of your bank statement for those dates that will assist from your side.

What was your last payment before that £1 ?

Are there dates next to those interest / charges entries on that random list?

It wasn't on your credit file when you received the claim in November 2016 so that would indicate it defaulted before November 2010 as a default remains on your file for 6 years. However it might just not have been reported to the credit ref agency you're looking out so can't take that as evidence. So you'd need to check if your last known payment was, likely, March to October 2010. Have you sent a SAR to Capital One since receiving this claim ? That might be worth doing to get hold of transaction lists.

If you hadn't acknowledged/paid it since before Nov 2010 you should still argue Statute Barred.

The agreement is illegible and incomplete too ( should be further pages to it - if you can make out the text it will say about refering to the general card conditions overleaf or attached etc - or refer to specific paragraphs which don't appear on that signature sheet ) example Cap One terms http://legalbeagles.info/forums/show...erms-agreement

[Shann23]

Re: Crying for help ! Please!

Hi [MENTION=6]Amethyst[/MENTION] the agreement they have sent is blank overleaf , and only 1 page no other pages etc.. and I read the claim again, they said the account was opened 2006 but in the agreement the signature was dated 2007? can I send the photos to [MENTION=49370]Kati[/MENTION] again without mark for you to examine if its alright ?

and no I haven’t contacted Capital one and I am sure my last payment was before Oct 2010 ... and it was not on my credit file anymore when I received the claims.. (I will try to ask my bank to send me a copy of my statement around that time)

[MIKE770]

Re: Crying for help ! Please!

ring capital one and ask them date of last payment to them?

[Amethyst]

Re: Crying for help ! Please!

Send them straigt to me if you like ( admin@legalbeagles.info ) but I am going to be out for the rest of the day xxx

From their letter I don't think you have any particular urgency to respond so just a case of knowing they might be building up to go back to court to lift the stay and proceed so getting your ducks in a row for when/if they do. You may, once you've sussed the actual position out, have to amend your defence as you don't appear to have included Statute Barred in it initially.

ring capital one and ask them date of last payment to them?

Worth a shot, sometimes the most straightforward ways are the best

[Shann23]

Re: Crying for help ! Please!

Hi [MENTION=6]Amethyst[/MENTION] I’ve sent it to you already.. �� thank you..
[MENTION=3599]MIKE770[/MENTION] I will try to find old bank statements��

[MIKE770]

Re: Crying for help ! Please!

best call Capital One and ask saves a lot of hassle.

[Shann23]

Re: Crying for help ! Please!

best call Capital One and ask saves a lot of hassle.

okay I will give them a call next week... I don’t know the acct number though? will it affect the claims?

[MIKE770]

Re: Crying for help ! Please!

No = was the account number not mentioned on the N1 blue court form originally received?

[Shann23]

Re: Crying for help ! Please!

No = was the account number not mentioned on the N1 blue court form originally received?

I think its on the letters... will give them a call next week �� thank You ..

[Amethyst]

Re: Crying for help ! Please!

From the full list of transactions it appears the last actual attempted payment - bounced DD ( so therefore acknowledgment of the debt ) was in August 2010 which means the November 2016 claim may well have been out of time ( hence the addition of the random £1 in/out payment ) The last transaction on the account was 7th Oct 2010 ( late payment charge ).

There's no copy of any default notice and no date of default has actually been pleaded or mentioned anywhere that I can see, so to me, along with it not being on your credit file when you received the claim, it would seem that was also before the time limit.

[Shann23]

Re: Crying for help ! Please!

From the full list of transactions it appears the last actual attempted payment - bounced DD ( so therefore acknowledgment of the debt ) was in August 2010 which means the November 2016 claim may well have been out of time ( hence the addition of the random £1 in/out payment ) The last transaction on the account was 7th Oct 2010 ( late payment charge ).

There's no copy of any default notice and no date of default has actually been pleaded or mentioned anywhere that I can see, so to me, along with it not being on your credit file when you received the claim, it would seem that was also before the time limit.

Hi [MENTION=6]Amethyst[/MENTION] ,I will call the capital one tomorrow to find out the exact last payment date and defaulted date. Do I need to write a letter to Mortimer? I really don’t know what to do next ��