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Hi guys, I would appreciate any help regarding an N1 claim from, sent by Bryan Carter (he seems very popular) on behalf of Lowell Portfolio Limited.
I believe this to be in regard to an old Capitol One card account. I will stick my hand up and admit that I defaulted, due to excessive charging by Capitol One.
Now I know that no matter the charges defaulting was not clever, but we learn from our mistakes
.
The POC;
The claimant claims 180, such sum being part of a debt due under agreement number xxxx ('' the agreement'') whereby the defendant agreed to pay the claimant 720 (''the debt'').
For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.
I have prepared a CPR based on previous post by Curlyben (in WendyB's thread) to send to Bryan:
In the NORTHAMPTON (CCBC) County Court
Claimant -v- Defendant
Claim Number: xxxx
REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES
Dear BRYAN CARTER & CO SOLICITORS,
I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within ten days of receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with CAPITOL ONE.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.
I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.
I would appreciate your due diligence in this matter.
I await your rapid response.
Yours Faithfully,
Defendant.
Any further advice would be very much appreciated, thanks.
I believe this to be in regard to an old Capitol One card account. I will stick my hand up and admit that I defaulted, due to excessive charging by Capitol One.
Now I know that no matter the charges defaulting was not clever, but we learn from our mistakes
.The POC;
The claimant claims 180, such sum being part of a debt due under agreement number xxxx ('' the agreement'') whereby the defendant agreed to pay the claimant 720 (''the debt'').
For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.
I have prepared a CPR based on previous post by Curlyben (in WendyB's thread) to send to Bryan:
In the NORTHAMPTON (CCBC) County Court
Claimant -v- Defendant
Claim Number: xxxx
REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES
Dear BRYAN CARTER & CO SOLICITORS,
I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within ten days of receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with CAPITOL ONE.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.
I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.
I would appreciate your due diligence in this matter.
I await your rapid response.
Yours Faithfully,
Defendant.
Any further advice would be very much appreciated, thanks.
.
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