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

[rogermeard]

They have sent us copies of what they sent to Court, so i'm guessing they sent the Court copies as well, not originals. Details of which below.....................

 

 

 

They have sent a scan of an Credit Agreement (same one they keep supplying us with)

 

They sent the copy of their letter stating they are now owners of the account. (same one as usual).

 

They sent a copy of the Original Creditor letter stating the account has been sold to the DCA (same one as usual, also these 2 letters originally came in the SAME envelope and the OC letter is obviously not convincing)

 

They also sent copies of printouts of account activity.(same one as usual).

 

They have also sent a copy of an email between DCA and HL (i think) that shows a computer screen shot of case history. This is a NEW doc i've not seen before. Apparently it is to show the dates of the "hello" and "goodbye" letters??????

 

I also have a query on the amount they are claiming, the balance was £2744 but when it went to Court it had gone up to £2899 plus Court costs. There is NO explaination as to why the balance has gone up , i was never informed of any interest being added, also the account is in Dfault . Although the DCA has failed to produce the Default notice as stated in the cover letter we got with the docs they supplied to the Court.

 

I shall scan a copy of this in a post below.

[pt2537]

Right, what credit agreement?

 

If you can pop a copy of it on here, minus the personal details that would be great

[rogermeard]

[rogermeard]

[rogermeard]

[rogermeard]

The above docs are the "alleged" CCA.

[42man]

"default notice with proof of service" will be impossible for them to comply with !!! as well as 1 © !!

[rogermeard]

Which means?.

 

Is that good or bad?

[DonkeyB]

Oh, that's good!

[rogermeard]

any views?

[rogermeard]

Any advice, i have to move on this before the wkend as away next week.

[creditcardmug]

Roger, i see that pt has intervened here, he is the best person to guide you with the way forward, others also are looking in, and may be able to help.

To be honest i have no experience of procedure beyond this stage, and also don't feel i could help you further with your case in the short timescale which you have set, although i would say that the judge has been very generous in the directions.

[rogermeard]

Thanks CCM for your help so far, although you say tight timescale i did post this up and PM you 2 days ago as i got the docs from court then, however again thank you for your help:).

 

Anyone else care to enlighten me as to what i need to say on the Defence form that i must submit before end of May.

[BubbleCat]

Hi Roger,

 

You could address fact they have not complied with directions to provide original documents and non proof of service of DN. Stress these must be available for inspection by you and the court on the day of attendance.

 

Break it down into sections: i.e. look at the directions and compare what they have sent you - has this met the direction? If not be precise as to why it does not meet.

 

It would not hurt for you to put what you want the outcome to be based on the evidence supplied, as this will give a basis for the court to consider along with the facts

 

Routing for you on this

 

The 'supposed' credit agreement is merely an application form.

[rogermeard]

Ok i will have a go at it, i am not very good with legalities etc.

 

I also have a little something that is very important up my sleeve but can't reveal too much, suffice it is in regards to a document. Not sure if i have to state this in my defence or leave until we are in the court hearing?

 

I just needed some help with wording, eg not putting down too much or little or not stating what i need to say.

 

I'm not sure how far to go as i guess we all say our piece in the hearing??

 

Guidance i guess i need.

[rogermeard]

Is the Defence form justto state my intenton to Defend or do i put exactly what i intend doing?

[rogermeard]

bump

[rogermeard]

PT, any help appreciated?

[Viscount Stair]

One thought that occurs to me is that the point about not needing to a rely on a DN is tauroscatalogical.

 

Yes, they are entitled to claim arrears without a DN but only those prior to the repudiation that took place when they brought proceedings or terminated the agreement or demanded earlier payment of any sum.

[rogermeard]

tauroscatalogical i'm confused??

 

Anyhow, guys/gals i have 3 days in which to file the amended defence and send in as i am away after that. I am no nearer to what to write down.....1. I believe the CCA to be wrong. 2. I beleive they have gone through the wrong motions (although i may be wrong ?). 3. They have no proof of a DN being served.

 

Is that my defence if so how should i word it?

[rogermeard]

Forgot to mention, i WILL NOT have access to internet/email after friday 21.45pm. In case i get any replies please make it before then.

 

Thanks folks

[rogermeard]

Please don't take this the wrong way fellow CAG members....but i'm feeling a bit out on a limb here.

 

I have had plenty of help so far for which i am very very grateful and have acted on accordingly , but now at a very crucial part of the Court process i am really struggling to move foward and i'm up against a rather tight timescale.

 

I don't have access to internet again until tomorrow at 1400 and only then until 2145 then thats it for a while, hence my sense of urgency.

 

Help guys.

[pt2537]

ok you were ordered to file an amended defence

 

did you file any defence in the first instance?

 

also, im currently working on a clients file, so im not likely to have much time this evening and tomorrow im in conference with our counsel so time is limited myself.

 

i doubt i will be able to bung over a complete defence if im honest as i have soooo much work on but i will try and assist where i can.

 

it should always be remembered that this is a self help forum where people are required to do their own research in the main

[lickthewallfatboy]

tauroscatological

 

ROFL

[rogermeard]

Oh i agree PT, i realise its self help etc. I'm not wanting anyone to do it all for me.

 

I just don't want to lose to this DCA through a mistake i have made as i am not clued up. It would be very hard to stomach after all the hard work and heartache this has caused.

 

I filed our intent to Defend in full against the claim in the original forms that we sent back to the court, togetherwith a Draft Order for the Judge, which the judge agreed to as per the Order that was sent to us and the claimant. I have scanned a copy of this in an earlier post above.

 

What i need to do now is submit an amended defence (not sure what that means?). I don't know what to say in it. I guess i can fully explain everything in the hearing?