Hi all.

hope this is in the right area.apologies if it isnt.

Ive received a small claims summons from capquest in regards a debt they purchased off capital one on 30 november 2012.

After reading many pages on here,

would i be right that the first port of call is sending a postal order for £1 and asking for the CCA?

This is through a scottish sherrif court if that makes any difference

regards

Welcome to CAG

We need to know more about the debt. Please follow this link, copy Post #1 and paste here with your answers to the questions - leave out any personal or identifying details

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

moved to the Scotland forum as litigation is different.

can you tell us what you have gotten.

I take it this was served by a sherrifs officer

walker love or whomever?

what type of claim is it a claim 1a small claim or?

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

yes CCA request MIGHT be the first move

pop the required info ive asked up 1st please

dx

Name of the Claimant ? capquest

Date of issue – return day is 27th december

- served 24th november but not to me personally

What is the claim for –

The parties are as designed in the instance.

The named defender resides at xxxxx.

The defender has been so resident for more than three months immediately preceding the raising of this action.

The defender is domiciled there.

The court accordingly has jurisdiction.

There are no proceedings pending before any other court involving the present cause of action and betweenthe parties hereto.No agreement exists prorogating jurisdiction to another court

The pursuers are a finance company which inter alia operates the business of debt purchasing.

By virtue of a debt purchase agreement between the pursuers and Capital One(Europe) plc dated 30 november 2012

the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due to owing by the defenders to capital one(europe)plc which were in existence as at the date the said agreement was entered into in relation to the contract herinafter condescended upon.

The said assignation was intimated to the defender by way of written notice on or around the date of assignation

The said contract between capital one(europe)plc and the defender is dated 14 february 2011 and relates to credit card agreement with account number xxxxxx.

The said account is in default and the sum due there under is due and payable now.

As at the date hereof, the sum due in terms of the said agreement amounts to £1300 conform to copy statement of account which will be produced in any defended process to follow hereono.

In terms of the debt purchase agreement hereinbefore condeccneded upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer.

The defender has been called upon to make payment of the sums sued for.They refuse or at least delay in doing so.This action is accordingly necessary

What is the value of the claim? £1300

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

When did you enter into the original agreement before or after 2007? after

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? unsure

Did you receive a Default Notice from the original creditor? believe so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

Why did you cease payments?couldnt afford it

What was the date of your last payment?dont know

Was there a dispute with the original creditor that remains unresolved? ???

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? no

hi yes its a 1a small claims summons but the sheriff signature is a squiggle so dont know who the actual sheriff is

so it was not served person to person?

dx

they handed it to my father while giving him a hard time and 20 questions wanting my mobile number,where i worked and all that

ok

i'll post something tomorrow or later if I find what i'm looking for.

DONT do anything yet

nor entertain or talk to anyone for now.

99% of cabot/capquest Scottish claims fail if you defend it

dx

to gander back ground info which is always useful:

who served the papers?

have you received any previous letters regarding this debt and who from?

if you didn't, why not?

have you moved since you took it out?

what/where court served it?

cant find the thread I want we have database errors at present.

but.

I have done 8 of these now.

below is a scan of a return of page 7 of the summons I ve used before

just be aware you WILL need to attend the court

but its probably an open one where ALL summons are heard infront of each other once you sent back the form as I have done.

obv if YOU are going to attend

don't blot out the wrong bit , mine are where I am attending on behalf of.

i'd get that in asap once you've answered my q's above and I say its good to go in.

its better that way

rather than wasting time on a CCA request.

to gander back ground info which is always useful:

 

who served the papers?

have you received any previous letters regarding this debt and who from?

if you didn't, why not? have you moved since you took it out?

 

 

what/where court served it?

shoosmiths LLP is the solicitor that is working on behalf of capquest,

its from stirling sherrif court but it says service on defender is falkirk.

I've moved twice since i took it out and it was registered at my parents house

ive no idea as i was rarely back there to open mail.

never received anything recorded delivery or anything like that

who served the papers personally on your father not shoes

they are solicitor representing capquest

the sheriffs officer...walker love, scott and co?

they should have given your father a covering letter with their details as there is one attached to the courts copy to say it was handed over in person

they cannot use post whatever format.

but don't worry too much

so see the attachment in post 10

that's your next step IMHO

no covering letter whatsoever im afraid so no idea who served it

quick update on this.

went to court and the judge has told them to have the agreement

and that to me before a new hearing on the 7th march.

still havent had anything yet

so will see if they can come up with the documents.

seems like the usual score.

dx

Well court date on tuesday and no paperwork has been delivered so what should i expect at court?

Another continuation or will the judge throw it out?

Can i ask for it to be thrown out as they are obviously not coming up with it any time soon?

I would hope the sheriff sticks by his words.

you can politely point out that they obviously knew from date [you returned the form]

that they would need paperwork and to date some XX weeks later they still haven't provided any...

continued for another 8 weeks but the sherriff said that he wouldnt continue it again if there was nothing produced.see what happens.

yea I've the similar going on for a neighbour up here

that was aug 2015 hearing

no paperwork

returned again dec 4th 2015

still no paperwork

case was sisted,

all through the year various threats were made and various discounts

june 2016 they came up with cover sheet for agreement and all statements

no default no notice of assignment..

more threats made

eventually later feb 16 they issued an IA for a diet? to lift the sist

the sist was lifted and theres a hearing mid april

whereby by then a defence needs to be filed

hows this going

hows this going

Court next tuesday so will let you know after.lol

ask for it to be a decree of absolvitor

well they rolled into court today with a credit agreement but no statements even though the sheriff had said they couldnt.their argument was that they only received it on friday.continued for another 8 weeks to produce the statements.

incredible!

hope it had T&C's and the default notice too?

incredible!

hope it had T&C's and the default notice too?

Hopefully the final update on this.

Court again today and they still hadn't produced the statements

the sheriff dismissed the case with no expenses.

He did say that they might try again further down the line.

Many thanks for all your help.

Just goes to show that these companies think they can bully people but some very helpful advice shows otherwise.