ok a quick update on whats been happening. defense that i filed was 1. I, xx of xx, make this statement as my defence to the claim brought by Capquest Investments Ltd. 2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system. 3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14,and a CCA request the claimant has replied to this and noted my request but hasn't sent any information. As a result I cannot plead in defence to the claim. 4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon. 5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. I got an acknowledgement from the court dated 22nd Dec saying a copy had been served on the claimant and that they may try to contact me, if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. I had a letter on the 8th from capital one 15th dec from capquest saying the we're dealing with your query and then nothing. i also had a letter from drydensfairfax on the 9th Jan, which said - please find enclosed the return of your recent letter and postal order for £1, please can you request the postal order be made payable to our client, in order for our client to comply with your request. This was my letter requesting s.78 I'm not really sure what all that means? Should I re-send the letter with a new postal order? how long will it be stayed for and is there a time limit on when they can start this claim back up? Should I write to capquest and see if they would except a reduced f&f offer? Thanks

Ok I'm not very good at this it appears! Have posted another CCA request off to today by next day delivery but sent it dryden and I should have sent this to Capquest duh! Will send another one tomorrow. I have filed my defense today so thats all done phew again. I have also received a letter from Capquest saying that they have recieved my letter and are looking into it and as such my account is on hold for 28 days, I have also got a letter from dryden dated 2 days later saying the same thing!

Sorry I thought the claimant was capital one? So I needed to send both requests to the solicitor, sorry I've never done this before and not really sure what to do. I will re-send the one I sent to capital one again to drydenfairfax solicitors too.

oh great thanks Andy

ok have read and read this a number of times if the papers were issued on the 23rd Nov that is day one? Which means I have 33 days from then to file a defense is that correct?

What do you mean by claimform is that the date that was on the documents originally sent to me by the court or is that the date from when I filled my response please I'm confused? I sent the CCA request to Capital one and the other one to drydenfairfax. As if it's the date on the court papers which were originally sent to me I need to file my defence by tomorrow

I have received a letter back from capital one, after my CCA request saying as the address is different from the address on their records (I've moved since) and I didn't sign the letter I sent then they can't send me any details unless I contact them directly sending in a copy of my signature so they can check it against their records, nothing yet from Drydenfairfax solicitors. Is this a good thing? What kind of things such I be putting into my defence with the court and am I right in thinking my defence has to be filed by 6th Jan 33 days after I first responded to the claim?

AOS has been done on-line now and I have printed out the CCA request and the CPR 31:14 ready to post in the morning. Is that all I need to do for now? What do I put for my defence for disputing the claim? Thanks

Sorry I'm a bit confused if I defend the claim do I just need to submit the acknowledgment form now and then submit my defence? Or do I need to put why I'm defending it? If what do I need to say pls? Can I do it all online rather than posting or do I need to post the forms back too? Thanks

In order for us to help you we require the following information:- Name of the Claimant ? Capquest Investments ltd Date of issue – 23rd Nov 2016 What is the claim for – 1. The claim is for the sum of £1161.06 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One under account number xxxxxxxx upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from Capital One to the claimant, and the defendant has been notified of the assignment by letter. Contact Drydensfairfax solicitors on 0113 823 3850 What is the value of the claim? £1161.06 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? I'm not sure I think it was before 2007 as I entered into a reduced payment agreement with them 2008 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. capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes a letter was sent I havent kept this so not sure on the date Did you receive a Default Notice from the original creditor? I think so but I havent got any paperwork Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? I stop paying as I couldnt afford it at the time and then had offered a number of f&f to pay it off had no response and then put it to the back of my mind tbh What was the date of your last payment? not sure would have been 2013 I would have thought Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes a number of times and had been paying £1.86 per month until I offered f&f

Hi all, I have received a court claim form from Drydensfairfax solicitors for a old capital one c/c. The debt is very old but I was in an agreement paying £1.86 per month in 2011, I have on numerous times written to try and get a full and final settlement off them but nothing was accepted. The amount they're claiming seems more then I remember being outstanding but I'm not sure. I dont have much time as the papers went to an old address so most of my 14 days to reply are nearly up. Can someone help me with my options of what to do pls? I can't afford to pay it all and I'm not sure that the amount they've said is correct but I also don't want a ccj can I still write to Drydens with an offer? What form do I send back to the court? Thanks

No I haven't got any ppi, and do you think they will turn it down if I offer the same amount as the equity left in the house which is only about £10,000?

I currently have a secured loan on my house which there is about £37,000 outstanding. The loan had been taken out whilst I was still with my husband but since we are in the process of getting divorced he hasn't paid anything towards the loan for over a yr. I had been paying half the monthly repayments until I lost my job around xmas. I then got notification of court proceedings due to there being about £3000 arrears. I managed to borrow the £3k from a family member so stopped it going to court and agreed a reduced payment with them until the end of aug. The reduced payment has now finished and they are hassling me to make the full payments which I can't afford as I'm not working, and to make up the arrears which again have built up as they continued to add interest and charges on. I have sent a sar asking for a break-down of the charges and interest put onto the account but havent heard back yet. I possible have managed to borrow some more money off family as I really would like to make a full and final offer, ideally for as little as possible. My mortgage is £150 and my house is prob only worth £170 max so I was wondering what to offer as a f&f? Also if anyone had any experience of Nemo personal finance accepting f&f offers? Thanks

Hi all! I hope someone can help please, I have been left in financial difficultyafter splitting from my violent ex-husband who is refusing to pay anythingtowards the large amount of joint debts we owe. I have been looking at ways to reduce my outgoings and have found out I canget council tax benefit so I am off 1st thing Monday morning to get this butwhen I was enquiring I had asked if this could be back dated to which I wastold yes but only in exceptional circumstances. When I asked what were thesecircumstances, I was told 'I didn't know I could get it' won’t do. I wondered if anyone had, had it back dated or if anyone could give me someadvice on what to put in a letter in order to try and get it back dated? Thanks

I'm really hoping what have a written above will be ok as I need to send it off to court to make sure I'm within the time scales and also a copy to abbey? Not sure if that's right if anyone could give me some feedback before I send it that would be fab guys thanks.