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Hi,
I have received a claim form from Northampton Country Court Business Centre for a claim made by Lowell Portfolio I Ltd/Overdales Solicitors for a debt to Capital One (Europe) PLC for two credit cards with a combined total of <£2000. The particulars of the claim state:-
"1) The Claim comprises of the following Agreements the Defendant entered into:
a) Capital One (Europe) Plc with reference XXXXXXXXXXXXXXXXXXXX and current balance of £xxxx.xx
b) Capital One (Europe) Plc with reference XXXXXXXXXXXXXXXXXXXX and current balance of £xxxx.xx
The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £xxxx.xx
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £xxx.xx
c) Costs"
I have already read and compiled by documents as set out here in thread #2
https://legalbeagles.info/forums/for...thampton-court
So I have:-
1) Acknowledged the claim online to give me the 14 days extra equating to 14 + 14 + 5 (Claim received today, but only sent yesterday)
2) Have a CCA request done and will email later and send by Royal Mail Signed
3) Have a CPR 31.14 request almost done (see below) and will email later and send by Royal Mail Signed
4) Have a SAR request done and will email later and send by Royal Mail Signed
My 31.14 document has been written from the thread below, however, I'm not 100% sure what documents I should request??? I "think" I should only request Assignments and Agreements - can anyone help me decide, please?
The help notes say:-
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of Assignment
https://legalbeagles.info/library/gu...-of-documents/
Thank you everyone, this is a great forum :-)
Wayne
I have received a claim form from Northampton Country Court Business Centre for a claim made by Lowell Portfolio I Ltd/Overdales Solicitors for a debt to Capital One (Europe) PLC for two credit cards with a combined total of <£2000. The particulars of the claim state:-
"1) The Claim comprises of the following Agreements the Defendant entered into:
a) Capital One (Europe) Plc with reference XXXXXXXXXXXXXXXXXXXX and current balance of £xxxx.xx
b) Capital One (Europe) Plc with reference XXXXXXXXXXXXXXXXXXXX and current balance of £xxxx.xx
The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £xxxx.xx
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £xxx.xx
c) Costs"
I have already read and compiled by documents as set out here in thread #2
https://legalbeagles.info/forums/for...thampton-court
So I have:-
1) Acknowledged the claim online to give me the 14 days extra equating to 14 + 14 + 5 (Claim received today, but only sent yesterday)
2) Have a CCA request done and will email later and send by Royal Mail Signed
3) Have a CPR 31.14 request almost done (see below) and will email later and send by Royal Mail Signed
4) Have a SAR request done and will email later and send by Royal Mail Signed
My 31.14 document has been written from the thread below, however, I'm not 100% sure what documents I should request??? I "think" I should only request Assignments and Agreements - can anyone help me decide, please?
The help notes say:-
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of Assignment
https://legalbeagles.info/library/gu...-of-documents/
Thank you everyone, this is a great forum :-)
Wayne
