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  1. Thank you to you and dx100uk for all of you help and guidance. I am sure you get this a lot, but today has been a good day. Thanks
  2. Hi I submitted my defence on the 13th Feb and accepted on the 14th Feb (a Monday). Have just logged back onto MCOL and there are no updates from either the court or Drydens. Do I simply wait this one out? All of the dates for both Drydens and Capquest to provide the requested information have now expired. Thanks
  3. Well, received acknowledgement and receipt of defence submitted. Gather it is standard for the court to inform the claimant and allow 28 days to respond. The letter also states if the claimant does not respond with the 28 days then the matter is stayed and they then have to apply to remove the stay? Be interesting to se if Drydens now get in touch. Again thanks for your help.
  4. Thanks very much. On this basis I will submit this on MCOL today excluding points 3 and 8. I will now read and understand what happens once submitted. Thank you for all of your help, there must be dozens on here seeking similar support. I for one am extremely grateful for your guidance.
  5. Haven't been to the dentist in a while Have made a couple of adjustments to the below, have beefed up point '9' with a reference to being CCA request and being unenforceable. Do I need to make any further adjustments before submission? Have a query reference my point 3, the letters and the POC reference an an 'agreement' under account number xxxxxx, therefore I don't believe point 3 is valid or is there a nuance that I am missing (ie seeking clarification)?? I have included a new point 8 referencing a letter declaring an extension, should I leave this in or remove? 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number xxxxx 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418 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. It is accepted I have in the past had agreements with Sainsburys Bank PLC. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement within its particulars of claim and have therefore sought verification from the claimant. 3. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven. 4. I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Sainsburys Bank PLC pursuant to the Law of Property Act 1925. 5. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14. Therefore, the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice / Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the 24th of January 2022 I requested to The Claimants Solicitors, Drydensfairfax by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Drydensfairfax have failed to fulfil my CPR 31:14 request. 8. The Defendant received a letter dated 31st January 2022 from The Claimants Solicitors, Drydensfairfax adviseing in accordance with CPR 15.5 and upon receipt of the documents they would agree to a further 28 day extension in order to file my defence 9. On the 24th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The Claimant as of 14th February 2022 has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  6. Hi Andy - thanks for your reply, sorry missed it a little earlier as reading. I really didn't want to given Drydens any leeway whatsoever and was following the court timeline. I was checking MCOL every day up to this point to see if anything had changed, nothing had so sticking to the dates logged in my diary. All very damned nerve racking if you ask me. The whole idea is terrifying.
  7. Hi - I had copied and pasted quite a few defence responses into a word document and have drafted the below. I have also uploaded the POC so you can review against the below. I have found a letter LOC from Drydens advising PAP in the first sentence. Not sure if this has any bearing on the below defence draft? Thanks Outside of this my only concern is that this is my wifes debt and she would not be able to manage any court appearance without significant support. Her memory isn't great due to medication and prior treatment and don't know how to approach this aspect. I have previously declared my wifes medical situation to both Drydens in writing. 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. It is accepted I have in the past had agreements with Sainsburys Bank PLC. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement within its particulars of claim and have therefore sought verification from the claimant. 3. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven. 4. I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Sainsburys Bank PLC pursuant to the Law of Property Act 1925. 5. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14. Therefore, the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the 24th of January 2022 I requested to The Claimants Solicitors, Drydensfairfax by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Drydensfairfax have failed to fulfil my CPR 31:14 request. 8. On the 24th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 14/02/22 failed to comply. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Claim Form.pdf
  8. Okay thanks. I will draft my defence now using information from other similar threads and upload onto MCOL.
  9. Hi dx100uk, There are 3 parts to my update 1) I have received a letter from Drydens Solicitors in response to the CPR 31.14 request, the letter advises the following; acknowledgement of the CPR 31.14 request 'We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your Defence. Question - The original date for submitting the Defence is tomorrow 14th Feb 2022, the above is advising a an extension. Should I still submit my defence on MCOL by the 14th Feb deadline as I can post this today if needed? 2) I have also received a letter from Capquest advising of additional default sums on this same account, the costs relate to the court costs (although letter doesn't not stipulate this) applied to the account advising costs applied on the 12th January and became due on the 12th January? The costs are £205 and £80. They are also advising that the above sums are payable under the same agreement Question - What should I do about this particular letter? 3) In relation to the CCA request a company by the name of Arrow (letter sent to Capquest) have returned my £1 postal order advising they no longer charge a fee for this also stating they will respond to the letter as soon as they can. Question - should I do anything with this? Appreciate any guidance on the above. Kind Regards
  10. AOS - Done CCA letter ready to send in the morning CPR letter ready to send in the morning Thank you once again
  11. Thank you so much this far. I understand I need to get cracking and fire off a few letters to gather information, but beyond waiting for responses what will my defence be if I haven’t received any replies or is that my defence? thank you
  12. Name of the Claimant ? Capquest Investments Limited Date of issue – 13th January 2022 / 31st January to acknowledge / 14th February to submit defence Particulars of Claim What is the claim for – 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number xxxxx 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418 What is the total value of the claim? £4893 (this now includes the Court and Legal Reps fee) Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes this is likely but cannot find the letter Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice Did you inform the claimant of your change of address? yes, as they have been able to contact me, or when phoning the claimant they have updated the address records Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? 03/04/2003 Do you recall how you entered into the agreement...On line /In branch/By post ? Think it my have been in store Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, not any more 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. Assigned to Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall Did you receive a Default Notice from the original creditor? Yes I am sure my wife did Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No, I have a letter from Capquest dated 10th June 2019 following a letter of complaint I had written declaring they hadn't provided statements between 2010 and 2019 Why did you cease payments? My wife had a breakdown and has been declared as clinically depressed. She has taken medication for many years now. What was the date of your last payment? Account defaulted with Sainsburys between 2008-2010, we have made token payments ever since without fail Was there a dispute with the original creditor that remains unresolved? Not that I can recall Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did speak with Sainsburys and agreed to pay £5 per month, then account was assigned to Capquest and we started paying £1 per month. We continued to pay both between 2010 and 2019. The current statement doesn't run beyond 2019. Claim Form.pdf
  13. Hoping someone can help. I have been managing my wifes old card debts for a number of years. My wife is on ESA and PIP following mental health challenges and as such came away from the workplace in cicra 2008. I tend to look after all of the old debts as I do not want her to have to worry and take any set back. My wife had a Sainsburys credit card which she opened in 2003, she fell ill in 2008 we tried to carry on paying the min payments but defaulted in 2010. I thought I did the right thing and sent letters to all debtors. The outstanding balance was £5.2k, the debt eventually passed to Blair Oliver Scott, then to Capquest and recently to Drydensfairfax. Drydensfairfax in 2021 were quite aggressive in chasing further updates to the payment plan and requesting an updated income/outgoings statement. I stated that my wifes circumstances have not changed and have been making a token payment since the account defaulted. They are now declaring that the payment arrangement is an informal one and is not agreed and have now lodged with the County Court in Northampton and I have a response pack to complete. I am completely out of my depth and cannot fathom why they would be chasing after all this time. Its not as if we have buried our heads in the sand. I must add this is not the only debt she has, but they are not chasing and have all been managed in the same way. I really need help with the response pack with an issue date of 13th Jan. I believe they add 5 days to this date to allow for delivery time of the letter. What do I do now? Guidance or pointers to the correct way to respond to the court would help. Thank you
  14. Hi - the ESA medical scored zero and went to tribunal and awarded within minutes as my wifes was in pieces and couldn't talk and yes she was in receipt of ESA up to Oct 14. We provided lots of medical evidence to support my wifes claim. The reason provided was that HMRC details on file suggested my wife had received a salary from the company when in actual fact it was a provision, but was amended when ful year accounts were submitted. Yes I made a formal request for Mandatory Reconsideration in November and December. The first letter had not been received?
  15. Hi to all and hoping you can help, below I have provided a brief summary of the issue at hand which I hope isnt too complicated.... my wife has been on contribution based ESA since 2012 She suffers clinicial depression and has short term memory issues due to treatments previously received whilst admitted for 2 months in hospital my wife had previously worked full time as a pub manager running a very busy pub for a large company During the intial medical for ESA we declared that I sell a couple of items on Ebay in an attempt to force my wife to leave the house and take items to the post office in an build my wifes confidence I registered a company in my wifes names. I did this with the help of an accountant friend, this was also to ensure that we were legit to declare any monies earned unfortunatley my attempt to support my wife in this way had the reverese affect and may her withdraw even more (I know, I am stupid and didnt understand at the time, I was desperate) consequently the business did not trade, but my account friend had submitted accounts to HMRC with a provision for a salary, I didnt take much notice at the time DWP stopped ESA payments in Oct 14 on the basis of the salary provision being made I had sent a recorded letter to DWP advising that no salary had been drawn in Oct 14 in Oct 14 I chased DWP for a reply as we had heard nothing - they advised they had not recieved anything even though we know the letter had been received I sent another letter outlining all above points along with a letter from my accountant stating that no salary had been drawn. DWP advised they had received this Dec 14 I received a letter from DWP advising overpayments and the debt will be collected as the ESA dept had not advised of a mandatory reconsideration I contacted ESA and they advised I needed to send in another letter to request a reconsideration My wife phoned ESA in Dec 14 to see if they had received our letter, they state they had not and advised we phone back the folowing week My wife phoned back and they say they had received the letter, but also requested evidence from HMRC that no monies had been drawn from the company We obtained 2 documents from HMRC covering the periods 2012/13 and 2013/14 clearly stating zero income - we sent this in Jan 15 along with a covering letter We waited a week and called ESA who advised they had not received anything (again) and we should make an appointment with our local job centre to take in all of the documents sent by post to avoid any further losses we then received a phone call to say they had found the documents and we duly cancelled the job centre appointment we were told to wait a week and we should here something, we didnt so we started chasing again only to be told the documents had been lost when sending to our local job centre!!! This morning we have received another letter from DWP to recover the overpayments from my wifes DLA!! they will not change this until they have been notified from ESA dept?? We now have an appointment at the local job centre again Phew....is there any advice anyone can provide as we feel we have done everything we can, provided everything they have requested. I am feeling due to their incompetance that I am now losing the plot myself and I need to be there for my wife. Help....
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