Help please.. Lowell/BL legal have started court proceedings

mcjordi

Hi guys

got court paperwork from BL Legal/Lowell during last week for a capital one credit card.

ive done the cca route several time and they have only come back with part of an application form and some unrealated agreement with apr's on etc it does not link to my account at all.

im 99% sure as its pre 07 (signed application on 12/8/04) that the terms have to be on the same page as the signature or am i wrong?) i can scan up documents later on if needed) Ive logged into MCOL and its genuine.

i dont think ive paid or admitted this debt in the last 6 years but i cant be sure.

any help guys as i could really do without a ccj

POC's
the claimant's claim is for the sum of 965.76 being monies due from the defendant to the creditor under a credit/store card agreement regulated by the cca act 1974 between the defendant and capital one (EUROPE) plc
under account ref xxxxxxxxxx and assigned to the the claimant on xxxx/2008 notice of which has been given to the defendant
the defendant failed to maintain contractual payment under the terms of the agreement and default notice has been served and not complied with.
the claim also includes statutory interest pursuent to section 69 of the county courts act 1984 at the rate of 8% per annum ( a daily rate of 0.13
) from the date or assignement of the agreement to the date of issue (28/01/2014) being an amount of £253.76

happy_bunny_2

Hi

You need to get this checked by someone who knows what CCAs are supposed to look like. If they only responded to a CCA request with an application form, that's not adequate.

If they don't send a copy of the signed agreement, they don't usually have it in my experience and it sounds like they are trying it on.

HB

mcjordi

what they responded with was part of an application and it says its an application in the small print no terms/conditions it has my signature on it.

happy_bunny_2

Yes, but it's an application form, so it's irrelevant.

A signed agreement regulated by the CCA 1974 is what should have your signature on it to be valid to get a CCJ if defended.

mcjordi

i acknowledged service and said i intend to defend the claim.. worse case is they get the ccj and £1 a month but need to know what to but in the defence box.. never had to respond to a claim.

happy_bunny_2

Who is the creditor?

I PMd you somewhere to get the agreement checked out.

Not sure about the defence, but the need the signed original so I would guess no valid agreement is the defence, but check with an expert.

mcjordi

yeah thanks for the pm HB will look at that shortly

Capital one credit card

happy_bunny_2

No experience of capital one

Good luck

HB

mcjordi

have used the sb defence.
just waiting on Lowell now.

mcjordi

update..

they intend to continue with the claim.. stating the last payment was in 2009 of £1 LOL
i contacted them and said you cannont by law take the payment of a cca request from the debt and it is not an acknowledgement of the debt
they also claim any phone call is acknowledgement haha

mcjordi

Update 2:

Have a mediation appointment on 8th may.
still awaiting proof of this "mysterious" payment
and also gonna get them on the pre 2007 agreement thing too