Well those famous people at IND and Hegarty LLP are really proving their worth.

Today i've also received a summons for Northamtpton County Court for a claim

they have on a debt originally from a loan amount from Capital One

of which was passed onto Robinson Way some 4 years ago.

Robinson Way couldn't provide me with the appropriate evidence of a mutually signed agreement

having followed the process outlined from the very good members within CAG.

Looking around on the forum, there seems to be a lot of information given in lots of threads

which is causing me a little confusion of where to start to reply to the initial court action notice.

Would someone who has experience of communicating with the court and Hegarty's,

kindly bulletpoint the actions I need to take at this early stage in order to keep on top of the process

and try to highlight to the court that the action IND take has to be reviewed without them giving time to communicate with me in written form..

Many thanks for everyone's co-operation at this early stage.

Regards

Keith

you need to acknowledge the claim on line then send ind a cpr request for all that they are relying on in court, can you post up the deatils of the poc

Hi Fellow CAG'ers,

Let me start by giving a little background to my situation and the subsequent position I'm now been faced with.

In January 14' Drydensfairfax issue formal proceedings against me on behalf of Cap Quest Investments.

I have disputed this debt over the past 5 years through a number of agencies that were passed it and has since ended up in the hands of the above.

My defence throughout is that all companies have failed to provide me with "original"

and legible signed copies of the agreement originally entered into with Capital One.

Just this week,

I have received a pack from Dryden's detailing their positioning and have providing photocopied evidence of a page of the original credit card agreement

I had originally signed

This has, however, been subsequently written over with a representative's signature on behalf of Capital One

and is clear to see.

It is clear that this signature has been added at a later date as it's not a copied signature through a photocopier and is fresh inked one.

Furthermore to the above, clearly ticked on the application is the Box NO to the question

"Please Enrol Me In Capital One's Payment Protection Scheme".

Attached in their account summary pack are initial pages of my account with them, with on average,

£42 per month being taken for Payment Protection.

Dryden's are now giving me 14 days to respond and offer payment

or they will apply to the court to lift the stay on proceedings

following them providing the required documentation I requested as part of my defence.

They advise that it is likely that any such application will include an application for summary judgement,

given the evidence which has now been provided to me in support of their client's claim.

I would appreciate some advise from our Legal friends within this community to advise of a return letter

I can construct which re-iterates the fact that they have still not committed in responding to the original request

of fully legible copies and also the fact that Capital One have clearly breached their contract by them

charging me Payment Protection when this was clearly not requested.

Many thanks for your time and await further advice.

Regards

Keith

how can drydens lift the stay if it was IND Ltd/HEGARTY LLP

dx

Hi Fellow CAG'ers,

Let me start by giving a little background to my situation and the subsequent position I'm now been faced with.

In January 14' Drydensfairfax issue formal proceedings against me on behalf of Cap Quest Investments.

I have disputed this debt over the past 5 years through a number of agencies that were passed it and has since ended up in the hands of the above.

My defence throughout is that all companies have failed to provide me with "original" and legible signed copies of the agreement originally entered into with Capital One.

Just this week, I have received a pack from Dryden's detailing their positioning and have providing photocopied evidence of a page of the original credit card agreement I had originally signed

This has, however, been subsequently written over with a representative's signature on behalf of Capital One and is clear to see.

It is clear that this signature has been added at a later date as it's not a copied signature through a photocopier and is fresh inked one.

Furthermore to the above, clearly ticked on the application is the Box NO to the question "Please Enrol Me In Capital One's Payment Protection Scheme".

Attached in their account summary pack are initial pages of my account with them, with on average,

£42 per month being taken for Payment Protection.

Dryden's are now giving me 14 days to respond and offer payment or they will apply to the court to lift the stay on proceedings following them providing the required documentation I requested as part of my defence.

They advise that it is likely that any such application will include an application for summary judgement,

given the evidence which has now been provided to me in support of their client's claim.

I would appreciate some advise from our Legal friends within this community to advise of a return letter

I can construct which re-iterates the fact that they have still not committed in responding to the original request of fully legible copies and also the fact that Capital One have clearly breached their contract by them charging me Payment Protection when this was clearly not requested.

Many thanks for your time and await further advice.

Regards

Keith

Sorry - I'd attached a new post to an original post I'd submitted some time ago. I've re-posted in the correct area now.

so these two are diff debts then?

2 different claims - I've re-posted the Drydensfairfax post in the appropriate place -

http://www.consumeractiongroup.co.uk/forum/showthread.php?422092-Drydensfairfax-Solicitor-s-to-apply-to-court-to-lift-stay-on-proceedings-Please-Help&p=4512725#post4512725

Hi All,

Any assistance in the above matter would be really appreciative. I've got a week left before they state they are to apply to have the lift of stay. I don't know if this are further tactics on their behalf to frighten me into their agreement or do I have a case from my initial defence submitted.

K

Hello grak444

Without sight of their particulars or the defence you submitted its impossible to comment...take time to read and complete the following with any points you have not already posted.:-

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

Regards

Andy

Many Thanks Andy,

I've previously followed similar posts when receiving the summons they sent through. I'll scan the appropriate particulars and get them posted back here and look forward to further guidance.

Regards

Thanks for your time to date Andy,

Please see particulars of situation below:

I entered into the original credit card agreement with Capital One in 2001. When I subsequently found myself in financial difficulties following the breakup of my then relationship, parts of the debt sustained was a portion to pay off the ex allowing me to stay in the home when she moved away.

Capital One were soon not wanting to enter into any agreements and subsequently sold on the deby to CapQuest who are now progressing the matter themselves through various solicitors acting for them.

I have not recieved a formal notice of assignment from any party only a letter stating that Capital One have since sold on the account to CapQuest. I have yet to receive an original default notice as part of requests and have never received statutory notices headed “Notice of Default sums”.

I did enter into an agreement with CapQuest paying them back £70 per month of which then I though I would request all information held from my account through the CPR request process hence where this overall situation has now ended in.

One of the HL Legal letters was to advise they issued a statutory demand for bankruptcy in July 09' having me ceasing paying back the originally agreed £70. Nothing further came from that letter from them.

I've attached various letters from the commencement with CapQuest and HL Legal and also finally with Drydensfairfax.

The penultimate document is the particulars of the claim set out by CapQuest with the final document being my initial defence filed.

I do hope I've submitted everything correctly for your viewing.

Regards

Gk

Okay many thanks grak.

Firstly the application/ agreement is deficient of the prescribed terms...possibly because its an application form rather than the final agreement.

With regards to their recent letter and the 14 day nonsense....let them make application...you can oppose it or you can make an offer along the process or nearer to the trial date.

If they think the application will stand in court let them take their chance.

The court sets the deadlines not the claimant.

Regards

Andy

Many Thanks Andy,

Would you advise that the purported "signature" shown is not one that is original in that it wasn't signed or was never signed when the original agreement was made?

Looking at the copy I was sent, it looks very clear that it's not been through a copier and looks to have been added at a later stage (probably when i've requested evidence through the COR process).

How would you recommend I respond to their last letter sent to me advising that they are to apply for a lift of stay if I don't respond or agree payment in 4 days time now?

Many thanks.

Regards

Gk

Makes no odds re the signatures the court wont entertain that point....dont go straw clutching.

With regards to the PPI make a claim if it was added without your consent.

With regards to their last letter I have already answered it in my last post.

Andy

So you would simply ignore their last letter to them and see if an application is made?

Gk

Well yes ..the only response you could make is by paying what they ask for?

Thanks Andy,

Forgive my questions at this stage as i've read similar threads whereby the claimant's solicitors havee gone directly to the courts and applied for a lift of stay and have on occassion won by then allowing them to enter a summary judgement and then followed up by request a claim on property.

I have been provided thus far with the agreement I posted along with a summary of account from inception to 2008. At no point have I been presented with a notice of transfer of assignment either. Do they need to present this in order to carry on proceedings?

Thanks Andy,

 

Forgive my questions at this stage as i've read similar threads whereby the claimant's solicitors havee gone directly to the courts and applied for a lift of stay and have on occassion won by then allowing them to enter a summary judgement and then followed up by request a claim on property.

 

And?

 

I have been provided thus far with the agreement I posted along with a summary of account from inception to 2008. At no point have I been presented with a notice of transfer of assignment either. Do they need to present this in order to carry on proceedings?

Regards

Andy

Thanks for your valued input to date Andy too,

From reading many other threads in a similar vein to my own (albeit there being no signatures present), then court outcomes seem to be rather varied and seems to be a lottery in some instances (in addition not everyone would be in a comfortable position citing cases and defence in such a position).

I'm at the stage right now in that I have 4 days left to respond to their last letter before they apply to lift stay. Through lots of considerations, one being that I am in a work position whereby having a CCJ entered against me would put me in a rather precarious position with work too. To add to that, I really could afford them attempting to make a claim on property either.

This whole situation started when I was put into some difficulties when my then ex left me in difficulties. By the time I had discussed with the original lender, they had then sold on the debt. I subsequently entered into a payment agreement with them which was accepted. I then questioned both parties to understand if I was being charged PPI charges to which appears I now was (the past 4 years playing mail ping pong in requesting appropriate and adequate information through the CPR process).

Can I ask, does anyone at this late stage in proceedings, feel that CapQuest would allow me to re-enter a payment agreement with them without this matter progressing further and proceedings to halt?

I'm not feeling confident in myself to end up through what perhaps could end in being a more precarious position than I find myself in already?

I really do appreciate the support and co-operation from all of those that support the rest of us in such difficult times and situations too.

I look forward to others comments also.

Regards

Gk

Its not a case of just negotiating a payment plan GraK...you need to agree a Consent or Tomlin Order if to avoid a CCJ.

Hi Andy,

Would the "consent" or "Tomlin Order" be required at this stage (although there is a claim in at the court from CapQuest) even though sols have openly written to me offering me to enter into payment negotiations?

They haven't as yet forced their card to apply to lift the stay. If they are to agree out of court I would much prefer this than attending in all honesty.

Regards

Gk

Also found information relating to Tomlin Order from CAG:

"A Tomlin order is neither necessary nor appropriate where the settlement simply involves the payment of money, whether by one party to another, or out of court, or to the Compensation Recovery Unit. There is no reason why a court order should not record a payment as being in full and final settlement of any

cause of action the parties or either of them may have against one another".

Should I simply write to the claimaints solicitor with a plan dertived with the help of the National Help Debtline with a clause that the payment schedule can be reviewed in 12 months time? I will plan to offer a settlement amount

to clear in full as and when is appropriate in order to fulfill my obligations I took out.

Whilst the case is currently stayed, woudl it stay this way if parties were in agreement of the offer (considering the claimant has accepted a payment schedule previously prior to my questioning the legality of the agreement)?

I really would like them to agree without a lift of stay being applied for whcih would keep me out of the situation of having a CCJ entered?

Regards

Gk

Hi,

Is anyone able to give any advise with Tomlin Order's and how they are generated? Is the onus on the creditor to create the Order or can I submit one to them for agreement?

Thanks once again.

You can propose/suggest the idea ...the claimant drafts it grak.