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    • #1   Posted March 4, 2014 The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]     Which Court have you received the claim from ? County Court Business Centre, Northampton, NN1 2LH       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Capquest Investments Limited   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th January 2022 / 31st January to acknowledge / 14th February to submit defence   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number 4779169679648877 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418   What is the total value of the claim? £4893 (this now includes the Court and Legal Reps fee)   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes this is likely but cannot find the letter   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice   Did you inform the claimant of your change of address? yes, as they have been able to contact me, or when phoning the claimant they have updated the address records Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? 03/04/2003   Do you recall how you entered into the agreement...On line /In branch/By post ? Think it my have been in store   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, not any more   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. Assigned to Capquest   Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall   Did you receive a Default Notice from the original creditor? Yes I am sure my wife did   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, I have a letter from Capquest dated 10th June 2019 following a letter of complaint I had written declaring they hadn't provided statements between 2010 and 2019   Why did you cease payments? My wife had a breakdown and has been declared as clincially depressed. She has taken medication for many years now.   What was the date of your last payment? Account defaulted with Sainsburys between 2008-2010, we have made token payments ever since without fail   Was there a dispute with the original creditor that remains unresolved? Not that I can recall   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did speak with Sainsburys and agreed to pay £5 per month, then account was assigned to Capquest and we started paying £1 per month. We continued to pay both between 2010 and 2019. The current statement doesn't run beyond 2019. Claim Form.pdf
    • Sorry, I would rather not do that.    I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract.    So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 
    • Ok thanks dx 100uk. I’ll keep u posted
    • Hi again,   Having responded to the court claim for mediation I since have heard nothing from the court. On Thursday this week we received the attached letter from Overdales. Could I ask for advice on this letter and also ask if they should be writing direct when mediation through court is pending?    Thanks Overdales letter.pdf
    • Hi,   My business is now going through insolvency and luckily most of my creditors had been paid.   However, I have an outstanding business loan to Funding Circle of around £40,000 with a personal guarantee to me   Funding Circle have not yet contacted me and all payments have been up to date. My insolvency agent is in the process of contacting creditors now.   I do have a small amount of personal savings but I was wondering what the best steps of action are here for me.   Thanks for your help.
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PTP/Clarity


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Hi

 

I dont seem to be getting anywhere with these guys, PTP have passed it on to Clarity but Clarity wont let me set up a repayment plan. Please see email below

 

Any thoughts.....Thanks

 

As previously advised, due to the Terms & Conditions of your agreement with Pounds Till Payday the full balance on your account is due immediately.

 

To prevent possible further action please call our offices on 0844 561 1715 quoting your reference number above.

 

Kind Regards

Mary Bruce

Collections Administrator

Clarity Credit Management Solutions Limited

Tel: 0844 561 1715

Fax: 08708 362371

Also, Wonga will not deal with me atall and just say they are passing me on to their solicitors....

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Email them back and state that you can only afford £xxx per month due to your financial circumstances and state when you can pay this amount each month.

 

Any creditor/DCA is highly unlikely to refuse payment if you send it to them.

 

Make your payment via standing order so that you can control the amount and frequency. Never give them your debit card details or send them cheques as they can and will try to take more money from you without your authorisation.

 

Personally I wouldn't bother calling them as they will threaten/pressure you into paying the full amount and will eventually start to run rings around you.

 

I hope this helps.

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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Hi moonsa

 

Some good advice from Katpuss.

 

It is virtually unheard of for Clarity to not offer repayment plan. Follow katpuss's advice as they have no alternative but to agree. They also alllow you to pay by standing order. I have their bank details if you need them.

 

Wonga are a law unto themselves and you have to pay the long game with them. If you keep on a them (by e-mail) they sometimes relent and let you pay over 6 months. They have also been known to just give up and go away. Yet to hear of them taking anyone to court. Yet to see a definitavie approach to dealing with them on these forums as yet.

 

Keep going :)

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Oh and if PTP offer you another loan to clear this one off DONT TAKE IT. This is a one way road to misery as they will add on even more charges/rollover fees etc etc.

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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