Capquest Claimform - old £11k Halifax Loan

[Gonnagetem]

New to this and some serious help needed very quickly please. My partner has received a court summons from Capquest for an old debt he had with the Halifax before I was even with him. This was an unsecured loan and the balance on the claim forms is £11,000. We did make some payments to them last year for £25.00 a month however these were coming from my account and when they started demanding that I increase the payments, sell my car etc I told them to get stuffed it wasn't my debt etc etc. We were receiving upwards of 25, yes really 25 calls a day from this company eventually I changed my telephone number and made it ex directory so these ceased. We have heard not a thing from them since until this court summons landed on the doorstep. Obviously after reading through these posts I intend to defend this to the best of my abilities. I just have a few concerns that I would be really grateful if someone could help me with. Obviously my papers need to be filed back asap as well as you only get 14 days and I have had them a few days already. Please help

 

1. How do I word the defence form? I know that I need to mention that I don;t believe the ownership of the debt is substantiated and require proof that there is an agreement but how do I say this, do I need to add any more?

2. I believe the reason they are persuing us is because we own our own home, however this debt was before I took on the mortgage with my partner and is in both our names and I have 3 children. Can they force us to sell our property for a debt that isn't mine? If this was an unsecured loan how can they now do this?

 

Thank you

[Curlyben]

First of all DON'T PANIC.

 

Next you MUST ensure that you acknowledge service, you can do this online as this is no doubt a MCOL claim.

I'd do that today to get it out of the way.

That then gives you 28 days from date of service, to file a defence.

To that end you MUST get as much information from these "people" as possible.

 

Fire this off guaranteed next day deliver.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the 24th April. The information must be furnished by the 22nd May 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

You'll need to edit it for you're own dates, etc.

This gives them official notice that you require everything to mount a defence.

 

Good luck, we'll be watching.

[Gonnagetem]

Thank you so much have been fretting about this for days with visions of losing my home!!! I will do as you say and let you know as things happen.

 

Thanks

[Oh Boy!]

change 2c to halifax

[Gonnagetem]

sorry must be thick what do I need to change?

[Curlyben]

Best thing to do is read it through carefully and adjust anything you need to suit your case.

2c for example says Barclaycard and not who ever supplied your original loan.

[Gonnagetem]

ahh now I see thanks very much have acknowledged service online and will post this off today guaranteed delivery. So quick to reply thanks for all your help!!

[NitrousOxide]

Hi,

Can you re type what it says on your claim form? Leave out personal details if you can.

[Gonnagetem]

Hi Nitrous,

 

The Claimant is Capquest Investments Ltd, Address for sending documents is HL Legal & Collections and defendant my partner. The only other writing on the form is the Particulars of Claim and this states the following:

 

Monies due under regulated Credit Agreement number *********. Between HBOS plc and the Defendant which was assigned to the claimant. The Agreement terminated upon the Defendants failure to comly with the terms of the Agreement and/or the statutory Notice of Default served by HBOS plc. The Claimant seeks interest pursuant to section 69 of the County Court Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 2.52. Any payments or queries should be directed to the claimant on: 0870 0843533 (phone) or 0870 084 2570 (Fax) 0r Email: [email protected]

 

Any further help will be much appreciated.

[Curlyben]

Nice POC there..... NOT.

So that gives you full grounds under CPR 8.5, disclosure of documents.

These claims are designed to scare people and ensure that they get a default judgement.

[Gonnagetem]

Nice POC there..... NOT.

So that gives you full grounds under CPR 8.5, disclosure of documents.

These claims are designed to scare people and ensure that they get a default judgement.

 

Thanks that gives me a bit more courage against them!!! I have posted the letter requesting disclosure today.....guaranteed delivery I will be back on with loads more questions when I receive their reponse thank you

[Curlyben]

Just keep a close eye on the dates for court, as you don't want to lose by default due to no defence.

[Chris_w]

subscribing

[Chris__]

Subscribing

 

Good luck!

[Gonnagetem]

Ok guys, a bit past the ten day mark I gave them but have been away. Needless to say I have had no response from Capquest not even an acknowledgement of my letter which was sent the 5th and have have proof of Guaranteed delivery, after checking the royal mail website this was delivered on the 6th. I now have to prepare my defence how do I word this and what do I need to do now? Any help greatly appreciated.

[Gonnagetem]

Please could someone advise I now have only two days to send my defence.

[Curlyben]

This should suite your purpose.

Adjust as needed.

Holding defence.txt

[Nick W]

Subscribing

[pt2537]

WOW what a great set of POCs (NOT)

 

if you need any help with the defence att his late stage, let us know

 

also if you need any otehr help or guidance just shout

 

as Ben said these claims are to merely scare you into paying, thats my opinion anyway, as the particulars are so vague they really do not disclose enough info so if they were silly enough to take them to trial anyone with an ounce of legal nouse will pull them apart

 

regards

paul

[Gonnagetem]

Thanks guys will prepare the defence this morning and post on here for checking before sending!!

[Gonnagetem]

Ok guys sorry for not posting the response that I sent back, has now been filed online and I await the courts response, does anyone know how long it will take to hear from the court?? What is llikely to be my next move?

[Gonnagetem]

ok guys have sent the defence didn't have time to post on here but have sent as above with amendments to dates etc. Will wait and see what happens now. Will I just have a response back from the courts?

[Gonnagetem]

I still haven't heard from the court or Capquest re this do I still just sit tight and wait??

[Curlyben]

No harm in calling the court for an update for your case.

[Gonnagetem]

Right guys need your help again, I have had no response from Capquest and my request, so now need to know what the next step is in relation to making a complaint that they have failed to respond to my prove it letter.

 

Also I have now received 'Notice that a Defence Has Been Filed Form' and allocation questionnaire and require desperate help unsure how to fill form in and what I should put feel that may be I am out of my depth a bit here now...............please hep I have to return this by the 1st February.

 

Thank you