Hi completely new to this site , and hope i can get some help from some experienced hands.

I have received a Northamton county court claim form from capquest .

I have returned the acknowledgment of service form ,

ticked i will defend claim.

Have sent CCA request to capquest solicitors ,

assuming i will need to send will need to send CPR 31.14 letter asp.

Claim relates to a old lloyds bank loan , which capquest have purchased .

PLease answer the questions on the thread linked below and paste answers here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

theres no harm in using the MCOL website to ack the claim

details are on the claimform.

much better to do that

then you can also file your defence that way.

dx

Thanks going to need all the help i can get ,

as i said all circumstances new to me including using the site ,

just spotted your replies.

Will answer the questions this evening and post. Thanks again

Thanks going to need all the help i can get , as i said all circumstances new to me including using the site , just spotted your replys. Will answer the questions this evening and post. Thanks again

Hello there.

You should be receiving email notifications when a post is made on your thread, are you getting them?

HB

claimant Capquest Investments limited.

The date of issue 12/02/2015

1 The claim is for the sum of 12396.10

in respectof monies owing by defendant on a credit agreement held by the defendant with Lioyds banking group.

under account xxxxxxxxx upon which the defendant failed to maintain payments

2 A deafault notice was served upon the defendant and has not been complied with.

3 By value of a sale agreement between Lioyds banking group and the claimant vested in the claim who has a genuine commercial interest .

The defendant has been notified by letter of the assignment by letter.

Contact Drydens solicitors

The claim for a loan ,

have no details on the original loan very possibly before 2007 ,

Capquest purchased debt ,

was married at the time and went through a vary messy divorce.

This is where every thing gets vary cloudy ,

as have moved through several different address ,

and have not read or responded to any mail from debt collector

I possibly received a default notice at the early stages , so long ago couldnt say 100%.

I dont think have received notice of default sums , but as i said above.

I have no details of when i made last payments.

No dispute with original creditor , consequences of a divorce and income changes.

Have sent of CPR 31,14 yesterday , sent CCA request 17/02/15 received following day , no response.

Will i have to log my defence for county court next ?

You must complete the acknowledgment of service by the 2nd March and state if you wish to defend.If defending you then have a further 14 days to submit your defence.

Regards

Andy

Here are details of my clam form.

1.The claim is for the sum of £12k in respect of monies owing by defendant

on a credit agreement held by the defendant with Lloyds banking group

under account xxxxxxxxx upon which the defendant failed to maintain payments

2.A default notice was served upon the defendant has not been complied with

3.By virtue of a sale agreement between Lloyds banking group and claimant,

the claim vested in the claimant who has genuine commercial interest.

The defenant has been notified of assignment by letter.

Here is my defence which i have managed to hash together.

Can you please examine and advise as has to be in by 16th this month.

Thanks

Defence

1 The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have had financial dealings with TSB Lloyds in the past.

It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 77/78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the Claimant and

b) show how the Defendant has reached the amount claimed for and

© show Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim

7. As per civil procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

3. Paragraph 2 it is denied I have been served with a Default Notice pursuant to the consumer credit Act 1974.

^^^^??????

dx

Sorry copy and paste error, is ment to be not served.

Have read a few defences , and meshed this one together , does it make sence ? is it up to the mark for what i need ?

I am really out of my depth , and really could us some help and advise ??????

bar that it looks good to me

dx

Think the wording , was ment to use was ( it is also denied i have been served with a default notice) would this be adequate wording ?

Have i covered every thing i need to ?

Is it a strong enought defence ?

You think its good enough Then ?

looks about the right format and words

the fewer the better

plenty of time

I'm sure andyorch will review and comment nearer the defence filing deadline 4pm Monday 16th

dx

Just a few amendments in red.....otherwise its fine.

Andy

Right, how could copy and paste go so wrong , will correct section 3 to read........Paragraph 2. it is also denied i have been served with a default notice pursuant to consumer credit act 1974.

Paragraph 3.is denied. I am unware of any legal assignment or notice of assignment.

Want to get this sent off tomorrow evening in plenty of time , will be ok with these modifications ??????

pers I cant see any need to file before Monday

its instant by MCOL

dx

I have already done the amendments marked in red zaper in your post #8

Andy

Thanks Guys.....will be making a donation to the site

Thanks guys for all your help....have put a little something in the kitty

Many thanks zaper.

Andy