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    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the 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.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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And finally... CapQuest appear!


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Our third Capone account has now been unlawfully passed to a DCA, CapQuest this time.

 

Love their bright red letter, and all the talk of 'may' do this and 'may' do that.

 

Bemused letter will be going to them Monday morning...

 

Any particular antics CapQuest are likely to try, or are they on a par with everyone else?

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We dissagree on validity of the supplied application form as a CCA so am waiting on their next step myself.

 

Have received a SD from them on another account. perhaps foolishly i did ignore it but they never persued it.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Ah, thanks SP. I just sent them the 'bemused' letter, the 'communicate only in writing' letter, and also a copy of my letter from FOS showing the account is subject to a complaint with them. Hopefully they'll back off, guess we'll see over the coming weeks...

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they have always faded into the background when I get started with CCA request and accounts in dispute letters:D

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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they have always faded into the background when I get started with CCA request and accounts in dispute letters:D

 

Fingers crossed I have the same experience as you then! ;)

 

I've not asked them for a CCA; I reckon I will do, (with a strongly-worded complaint) if I receive any further comminucation from them, other than a 'we have passed this back to the OC' or 'we are placing collection on hold' type letter...

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dont be to sure they sent me a crappy application form and I was in court last week.

Sometimes they do go all the way....be careful

 

The case was adjourned for further evidence.

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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dont be to sure they sent me a crappy application form and I was in court last week.

Sometimes they do go all the way....be careful

 

The case was adjourned for further evidence.

 

Notts

 

Sorry to hear that Notts. Cheeky question: how much is your alleged debt?

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No one of mine was £4k, however by the time crappy got it it had been with a couple of other pondlife, who failed to provide an agreement of any kind

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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i had a debt of 4k which i was paying as per arrangement without fail. cap one passed it to capquest anyway. Cap quest immediately bumped up the balance owed so i went down the deed of assignment and CCA route. They only ever managed to produce an application, and in the end wrote it of. My credit file shows as satisfied.. default should come off in september thsi year.. guess its luck of the draw on how they proceeed

:D Actions in progress

Natw West on hold pending test case

LLoyds claim 3 on hold pending test case,

 

:lol:Claims Settled

LLOYDS TSB x 2 WON,

MBNA WON,

A&L WON,

GE Money x 2 WON , c

o-op visa WON, capital one visa WON,

Halifax (o/h) WON,

capquest, WON

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if i recall they bumped mine up by about £300, every letter that came had a different balance!!

:D Actions in progress

Natw West on hold pending test case

LLoyds claim 3 on hold pending test case,

 

:lol:Claims Settled

LLOYDS TSB x 2 WON,

MBNA WON,

A&L WON,

GE Money x 2 WON , c

o-op visa WON, capital one visa WON,

Halifax (o/h) WON,

capquest, WON

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ditto

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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so hopefully next letter arrives tomorrow saying file closed

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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I have had dealings with Capquest both for myself and my other half.

 

They were pretty easy to get rid of in my personal case. I asked them for proof, i got 3 letters saying they had contacted the Original Creditor for proof then i heard nothing for over 1 year. I wrote to them asking for a response and they replied with a Compliments Slip saying the file was closed and that i should get in touch with the OC.

 

In other halfs case i sent a CCA request and they are trying to find it. I sent off the Account in Dispute on Tuesday and we are waiting to see what they comeback with next.

:cool::cool: Blondmusic :cool::cool:
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i have three seperate claim with cap one and capquest were chasing hard so i sent them copies of the first claim and yesterday they wrote back with following

We confirm we forwarded your previous correspondence to our client and their response is as follows

"please continue to collect as normal unless advised otherwise, our complaints department will deal"

we look forward to hearing from you.

 

seems they dont care what our rights are the ignore them anyway-pb

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i have three seperate claim with cap one and capquest were chasing hard so i sent them copies of the first claim and yesterday they wrote back with following

We confirm we forwarded your previous correspondence to our client and their response is as follows

"please continue to collect as normal unless advised otherwise, our complaints department will deal"

we look forward to hearing from you.

 

seems they dont care what our rights are the ignore them anyway-pb

 

in that case report them to the OFT and see if they care then

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 5 weeks later...

pgl - i= thought i could deal with it myself, so i sent copies of outstanding claims, with letter stating no copies of any original docs supplied etc, Then i have a response saying i should write to them and give them all details and theyll look into it. capquest are dept collectors are they not, how can they look into anything - think its just more delaying tackticks.i should have done as yu said, how do i write to complain, i really think i need to learn this aspect of claiming??- thanks pb

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you need to explain what you have done so far ie send off CCA requestes etc then we can go from there

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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