Capquest/HL - claimform Cap1 debt *OH gave in £30PCM*

[rogermeard]

Will do. Doing it tommorrow, hard day today and i need sleep sleep bye bye's.

[BubbleCat]

WOW - CCM, that is some defence - it good to know people like you are out there and willing to help.

[DonkeyB]

Great work CCM. I think you've prevented rogermeard's blood pressure from going off the scale!

[rogermeard]

just a thought, but, there is no pleaded admission or denial, so, i would advise adding say before para 5,

 

Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the claimant has a valid claim against the defendant.

 

just something that i often add to Defences within my day job

 

Hope this helps

 

If its before Para 5, does that mean it becomes part of Para 5?. Or just on its own between section e para 4 and prior to para 5?

 

Cheers.

[creditcardmug]

Check out post 78 again i have amended it...dont forget to fill in the dates, and where the xxxs are, print it out and see how it looks

[rogermeard]

Cheers for that CCM

[rogermeard]

Hi CCm,

 

I have requested the CCA a couple of times from C'quest, but only once did i enclose the £1 postal order, is a CCA request not valid if the £1 postal order is not sent with it?

 

With my defence you refer to Letters marked Exhibit A etc , do i actually enclose these with the defence and if i do is it copies or originals i enclose?

 

Many thanks.

[creditcardmug]

The only valid cca request is the one sent with the £1, so use that one

 

Exhibits are photocopies of the originals, attach copies with the defence

 

Suggest you send it by SD, dont send a copy to the other side

[rogermeard]

Right thats great, will finish now and send in the morning.

 

Cheers CCM!!!

[rogermeard]

CCM.....PM sent (one last query) your Inbox is full.

[creditcardmug]

Thats cos you filled it up mate, lol, ill clear a few out:D

[rogermeard]

[rogermeard]

Update..........

 

Sent the Defence off to court today.....however the claimants solicitors have sent us (received today) a copy of the alleged agreement with some sort of terms attached, a printout of purchases, a dubious letter from the original creditor as a letter/deed of assignment and a letter from them that came in the same enevelope as the deed/letter saying they have bought the debt etc etc.

 

What do i do now, we have sent our defence earlier than the post arriving typical. Is my defence the same and is this the docs i asked for in the CPR 31.14 because its just a load of copies of docs i keep getting off them when i CCA'd them.

 

Blimey, just get in from work faced with this and a sick child as well, someone up there is testing me!!

[DonkeyB]

Hi rogermeard. Given that we know who's involved now, could you delete all your personal and account references and post up the documents?

 

I think that really would help the experts take your case to another level and get a bit closer to filleting their donkey (gulp).

 

Are any of the documents new?

[rogermeard]

I dont know how to post up pictures.

[creditcardmug]

Dont worry too much about the letter today, if/when it gets to the next stage AQs, you will require them to produce all the documents they will be relying on.

 

when you have some time you could post up what they have sent, you can upload the scans to photobucket, and paste the link into your thread, theres no rush, and you dont have to, try to chill:cool:

[rogermeard]

The docs are all just the same stuff i have had on 3 seperate occasions from them, the only new bit is stapled to the alleged agreement which states terms etc, but i don't hold much interest in that particular document;).

 

I guess this will end up in a hearing. So i'm sitting tight for now.......will chillout but a tad stressed today.

[creditcardmug]

Ok, suggest you phone the court early next week to check the defence you just filed has been accepted

[DonkeyB]

I'm guessing from your posts that the T&Cs are new. These are the most important bits, where there is most chance of a cock up - look forward to seeing them. Stress ye not.

[rogermeard]

NO RELEVANCE TO THIS CASE, HOWEVER SOMETHING TO REALLY CHEER ME UP!!!!!!!!!!!!!!!!!!!!!!!..............

 

 

I checked my current account online today to see what i had in there and was totally shocked!!!!!!!

 

I have had for over 8 yrs an arranged/authorised overdraft of £3850 which i am usually well into.

 

However today overnight my Overdraft has changed from £3850 down to £900 leaving me nearly £2600 in an UNAUTHORISED overdraft which they are demanding back at 10% a month and my account is on hold, i can't buy food or anything and i have been told to phone their Customer relations Dept on monday as i may have a case for reinstating my OD as they never wrote me any letters online or by paper.

 

Has this happened to many people , it just seems a way of claiming extra payments back at customers expense, i am completely stuffed now. Been with them for over 20 years, thats customer service for you!!!!!!

 

If i open an account with someonelse will i be accepted as i am a debtor to the Halifax overnight!!!!!!!!!!

 

WHAT A WEEK.............

[creditcardmug]

All banks are doing this now, they want to reduce the amount owed to them by debtors, at the same tome gaining more revenue, however they should have given you notice of their intentions, and made some sort of arrangement to reduce the overdraft limit over time....maybe you can reach an agreement with them on monday on this

 

Following that open a new account with a bank unconnected with any of your creditors. (if you have other creditors who are connected to your bank, they will use the offset clause, to clear your account in favour of their debt)

[rogermeard]

Just seems very underhand, left me completely penniless and if i let my salary go in then i will still be penniless no warning at all. Marvellous.

[creditcardmug]

Yes, i keep warning people on here that when they begin defaulting on obligations, to take all necessary precautions to protect themselves (i.e. a parachute bank account, where all your income goes in, and only priority payments go out), this does not include "unsecured debt"

 

They dont always take the advice, and thats where they end up in this sort of situation

[rogermeard]

I know what your saying, but my current account is nothing to do with any of my debt, only the official arranged/authorised overdraft that i have had for more than 8 years and it was them that gave it to me, i didn't ask for it either. I have done nothing wrong with my account or anything it's just them they have changed it overnight NO warning what so ever. To make it worse its my tax payer money that is keeping these going!!!.

 

I feel totally abused and robbed, its like being mugged legally.

[tamarindo]

Hi

 

sorry for sounding inquisitive but any news about case???

 

Tam