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