Unenforceability & Template Letters III

never-in-doubt

pebbles88 wrote: »

hiya,

Thanks Niddy for your reply!! will be getting those letters poasted this week!!

I would be lost without you and 10pas6, little diamonds you both are! :T

Hiya Pebbles

Anytime - don't you worry about this, it will work out ok for you. :D:D

shed_head_2

Looking for some advice, I recieved court papers on sat morning for a capital one cc.
"Deep breath" It has scared me

So, first question
Should I send off a letter requesting CCA?
Also I took the card out in 2004, I was on mat leave at the time, went back to work for a short period then went off sick with postnatal depression. I didnt know my own name through most of that pperiod and certainly was not capable of sorting out claim form etc. I believe that I was missold the ppi. I am in the process of starting a claim againt cap one for mis selling. How does that affect the CCJ.

Hoping for help and advice
Shed

thechippy

Send off the CCA request.

If you already have court papers, you will need to defend the claim in full and file a defense. I think the member "10past6" can help with this. Niddy will be along soon, who can give further advice.

Edit.

Just to add.......the ppi, I believe, can be used as a counter claim.

never-in-doubt

shed_head wrote: »

Looking for some advice, I recieved court papers on sat morning for a capital one cc.

What, exactly have they sent? Court papers, of what capacity?

Lets see what they have sent, before we worry too much - do not send CCA yet - just confirm what has been sent to you...

Assuming it was CCJ papers, send a PM to 10past6 with details - tell him Niddy sent you - however be patient, he is really busy BUT always comes back to you.....

shed_head wrote: »

"Deep breath" It has scared me

Don't let it - you'll be fine with 10past6 on the case - they will have broken process, somewhere! They always do....

shed_head wrote: »

So, first question - Should I send off a letter requesting CCA?

Right now, most definitely not, wait and see what 10past6 says - it may be better to refer him here and see what he says? But don't do anything, until he's responded.

cejsmith

Morning all

I've just had these though the post from BOS, they did it well with the 12 days. Do you think they have a system in place, I was just wondering if there strong words on enforcability where correct???

http://i874.photobucket.com/albums/ab302/cejsmith/bos/bosstar2.jpg

http://i874.photobucket.com/albums/ab302/cejsmith/bos/bosstar.jpg

Hopefully NID will shed some light on the matter:D

shed_head_2

They have sent a blue claim form although there is no date etc on there for a court hearing. It does say it was issued on the 30th March.

A little less scared this morning, as I spent yesterday going through all the debts to make sure that the others were not at court stage.

Feeling quite empowered today, and on with PPI miss selling claims.

Shed

never-in-doubt

cejsmith wrote: »

Morning all

I've just had these though the post from BOS, they did it well with the 12 days. Do you think they have a system in place, I was just wondering if there strong words on enforcability where correct???

http://i874.photobucket.com/albums/ab302/cejsmith/bos/bosstar2.jpg

http://i874.photobucket.com/albums/ab302/cejsmith/bos/bosstar.jpg

Hopefully NID will shed some light on the matter:D

Oh my lord - is this what they are resorting to now? Sending blank application forms and junk through the post>?

Respond in kind mate: CCA Query

jammin_2

never-in-doubt wrote: »

Oh my lord - is this what they are resorting to now? Sending blank application forms and junk through the post>?

Is it blank though, or did the OP obscure the personal data before uploading?

never-in-doubt

jammin wrote: »

Is it blank though, or did the OP obscure the personal data before uploading?

It was sarcasm - lol sorry

jammin_2

never-in-doubt wrote: »

It was sarcasm - lol sorry

Sorry, didn't spot that.

What was wrong with the cejsmith's case then, was it that he was sent a copy of his application form but not of his CCA?