HL/cabot claimform sky card [barclaycard] now ICO/CO

[The Mould]

Ruthhill

 

This means your case is or has been transfered to your local Court.

 

Are there any directions/instructions from the Court informing you of what to do next?

 

Did you send that CPR 31.14/31.15 request off to the Solicitors acting for the claimant in these proceedings?

 

Can you post up/type out the Particulars of claim word for word minus your personal details?

 

Come back then, Roger.

 

Kind Regards

 

The Mould

[dillon21]

Thank you for your reply i did send a cpr but they say they havent received it the papers i got Friday are notice of transfer of proceedings

CAPQUEST INVESTMENTS LTD V ME it then reads To All Parties a defence to this claime has been filoed if the defendant is an individual the claim as been transferred to a court where the defendant lives please read the accompanying documents carefully and note that the enclosed allocation questionnaire should be returned by the date shown it says i must complete the allocation questionnaire on or before 23/8/2010 all other info is in my orignal post also its says i have 23 replies to that post but i cant view them all only the first 20 how do i get to the next page

[The Mould]

Well ruthhill

 

I have never heard of a defence being 'filoed' to the Court before, normally such a thing is 'filed', (only a little joke there ruth).

 

OK so the Solicitors say they did not receive your CPR request, in that case send another one off this time by registered post, do this on the morrow ruth, then they have not more than 7 days to comply from the date of receipt.

 

I have read the other thread and there is not much detail there, so, can you please post up the Particulars of Claim and let us know what documents the claimant intends to rely on for his claim.

 

You have sent an AOS denying the total claim, what exactly is your defence to this action, I know you have filed a embarrassed defence, but what do you have in your favour that will legally undermine the claimant's cause of action?

 

What is the claim amount?

 

Has the claimant ever issued a Default Notice?

 

Is the claimant the original creditor?

 

Do you have in your possession any documents that you can rely on for your defence?

 

Many questions I know, please try and answer them ruth.

 

Kind Regards

 

The Mould

[dillon21]

sorry not replied sooner the amount is 4670.00 im not sure about the default notice the claimant is not the original creditor i dont have any documents. Do i send a sar or a cpr and who do i send them to?

THANK YOU

[The Mould]

sorry not replied sooner the amount is 4670.00 im not sure about the default notice the claimant is not the original creditor i dont have any documents. Do i send a sar or a cpr and who do i send them to?

THANK YOU

 

OK ruthhill

 

Send that CPR request off to the claimant or his Solicitors (if Solicitors are named on the claim form) do that by Royal Mail registered postal service, do it like yesterday ruth. They have 7 days to comply with your request ruth.

 

You can send off a SAR to the original creditor and this new creditor (the claimant) this will take 40 days before you are supplied with any of your personal subject data though, fee is £10.00 for this.

 

OK, so the claimant is not the original creditor, did you ever receive a Notice of Assignment from either the original creditor or the claimant about this account/debt?

 

The Default Notice part, there must be a valid Default Notice somewhere along the line, request a copy of the Default Notice and a copy of the Notice of Assignment and proof of posting thereof from the claimant (or his Solicitors, if they are mentioned on the claim form).

 

Please tell me what is your defence against this claim, as far as you are concerned?

 

Can you post up the Particulars of Claim and anything else that you can think of that is relevant to these proceedings please ruth.

 

Come back, as soon as you can and give all the details to this claim please ruth.

 

Kind Regards

 

The Mould

[dillon21]

Hi The Mould

Thanks for taking the time to deal with this my internet is playing up hence i can only reply when i can get online sar and cpr done

particulars of claim as on the claim form from northamptom ccbc

Monies due undr regulated credit agreement number**************** between barclays bank plc/skycard and the defendant the benefit of which was assigned to the claimant on 1/8/2009 the agreement terminated upon the defendants failure to comply with the terms of the agreement and/or the statutory notice of defaultserved by barclays bank plc T/a sky card the claiment seeks intrest pursuant to section 69 county court act 1984 at the rate of 8% per annum from the date of issue continuing at a daily rate of 0.91 any payments or queries should be directed to the claiment then it gives there phone numbers. As far as my defence i was just following advice given on here when i got the claim form i was advised to do an embarassed defence.

Thanks

[dillon21]

Please can someone advice i filed the embarssed defence following advise given on here if im honest dont have a clue what it means now i have got these papers from the cort saying it as been transferred to my local court and i have papers here that have to be in by the 23rd August it is an allocation questionnaire what the hell di i put on this and should i tell the court i am waiting for sar and cpr please anyone getting very desperate now

[dillon21]

Hi just wanted to update i took the allocation form into the local court on the said date i recevied a letter from the court a few days later saying the claiment had not sent theirs in and if not received by 2nd Dec it woud be struck out I then received al the info i had requested from capquest but it looks kike an appication form which i have signed they also send my £10 fee back with a letter as follws we are in receipt of your SAR request with a £10 pstal order werecently wrote to you with a copy of the documents that have been provided to us by sky card and have asked you to contact us with regard to the account.please can anyone throw any light on what all this means

[bazaar]

Looks like they are trying to hide something,

Resend the SAR request to the original lender (SkyCard), Tell them in no uncertain terms that the request date was XXXX they have 40 days to comply, and that date is xxxxx, ( When did they recieve the original SAR? ).

They cannot hide from their responsibilities and will be reported to court should they fail to provide ALL details.

[AndyOrch]

the claiment had not sent theirs in and if not received by 2nd Dec ?????????

[dillon21]

I have received a letter from the court saying this as been struck out what does this actually mean?

[AndyOrch]

Hi Ruth

 

The court can strike out a claim if there is a failure to file documents on time, directions are ignored or the Claim is obviously spurious or malicious. Strike out means that the Claim process ceases but can be re-instated if there is good reason.

 

Regards

 

Andy

[dillon21]

hI i think I have posted about this before and thought it had been sorted but i have obviously done something wrong i gave an Allocation questionnaire form into the court on 23/8/2010. I received a general form of judgement or order dated the 26/8/2010 saying it is ordered that the claimant having failed to file an allocation questionnaire as directed that unless the claimant files it by 2/9/10 the claim will be struck out I then got another letter from the court dated 6/9/2010 saying it as been struck out.I have since received a letter from small claims mediation service saying they have been contacted by the claimant saying they are happy to enter into mediation to try to settle the dispute i have not replied to theses forms didnt relise only had 7 days i do not want to mediate i am still waiting for the credit agreement to be sent they only sent an application form I have now received a notice of allocation to the small claims track saying deputy judge ----- has considered the statements of case and allocation questionnaires filed and allocated the claim to small claims track the hearing will be on 3rd Dec a hearing fee of £300 is payable by 19t hNov by the claimant

I am not going to be around on that date and besides i do not wish to go to court what should my next step be

 

HELP PLEASE

[DonkeyB]

You need to write to the court URGENTLY with a copy of the order striking out their claim.

 

Clearly the court has mucked up. But get in touch quickly – by phone, if necessary.

[dillon21]

Please can you tell me what i need to sAY

[dillon21]

Hi I posted back along about capquest taking me to court i posted uo that there was to be a hearing on the 3rd Dec but i had received a back in sept oct telling me the case had been struck out i was advised on here to get in touch with the court and tell them this which i did and also telling them that i would be out of the country on Dec 3rd now while i was away a letter arrived saying the case had been reinstated in nov and the hearing would go ahead without me which it did i now have a big billnfor capquest and massive court costs is there anything i can do about this if not i cant afford to pay hardly anything each mth please could you advise me

[spamheed]

You need to provide a little more information to enable folk to assist you.

 

Who has provided you with a Capquest bill and what costs have been applied?

 

Who told you the case was being struck out? - once a case is struck out - that's it - it cannot be easily resumed.

 

Who sent you the letter saying it had been reinstated (and at an earlier date)?

 

Just as an aside, Don't panic about paying this just yet, if you are genuinely unable to pay this then it should be relatively straightforward to apply to the courts for a redetermination to allow time to pay

[dillon21]

Hi sorry for not getting back sooner ill health on 26/8/10 i got a genral form of judgment or order stating before an officer of the court it then states which court upon the courts own motion the court has made this order on its own initiative without a hearing if you object to the order you must make an application to have it set aside varied or stayed within 7 days

it is ordered that the claimant having filed to file the aq as directed it is ordered that unless the claiment files the allocation questionnaire by 4pm on 2nd september 2010 the claim shall be struck out the next letter fom the court same heading as previous it then says the same and ends with it is ordered that upon non compliance with the order dated 26/8/2010 the claim be struck out dated 6/9/10 there is then another genral form of judgement saying that upon reading the application from the solicitor for the claimant it is ordered that the order dated 6/9/10 shall be set aside and reinstated the next letter is the notice of allocation to the small claims track i then got a letter which i cant find at the moment but its hear somewhere saying they had a hearing in my absence and i was ordered to pay ****** plus costs i cant pay this what do i do now

[nicklea]

this appears to be the same as the other thread. Should the two threads be merged?

[dillon21]

HI i was just adding a bit more info as asked for in the above post

[spamheed]

Hi sorry for not getting back sooner ill health on 26/8/10 i got a genral form of judgment or order stating before an officer of the court it then states which court upon the courts own motion the court has made this order on its own initiative without a hearing if you object to the order you must make an application to have it set aside varied or stayed within 7 days

it is ordered that the claimant having filed to file the aq as directed it is ordered that unless the claiment files the allocation questionnaire by 4pm on 2nd september 2010 the claim shall be struck out the next letter fom the court same heading as previous it then says the same and ends with it is ordered that upon non compliance with the order dated 26/8/2010 the claim be struck out dated 6/9/10 there is then another genral form of judgement saying that upon reading the application from the solicitor for the claimant it is ordered that the order dated 6/9/10 shall be set aside and reinstated the next letter is the notice of allocation to the small claims track i then got a letter which i cant find at the moment but its hear somewhere saying they had a hearing in my absence and i was ordered to pay ****** plus costs i cant pay this what do i do now

 

 

OK so it looks like you have had a judgement made against you which is unfortunate but you need to contact the courts and request a variance on the order to allow you time to pay (installments) without knowing the date that this is refering to it is difficult to know any deadlines, but either way you need time to pay

[dillon21]

I have to post on here that i am DESPERATE for help with would anyone mind taking the time to have a look and give me a reply also can you make a token payment once its gone to court and you have a judgement against you MANY THANKS

[dx100uk]

you have SOOO many threads in this forum

 

you should stick to ONE thread for each debt/issue

 

click your username and do find started threads

and give us a list of ALL the threads linked to this new question

so we can merge them all into one

 

this will stop people repeating advise already given.

 

you must pay under the terms listed in the judgement box or negotiate with the people that took you yo court.

 

dx

[dillon21]

Hi I NEVER HEARD BACK FROM THE COURT AFTER ASKING FOR AAN INSTALLMENT PLAN TO BE SET UT I HAVE NOW RECEIVED A NOTHER LETTER FROM CAPQUEST NOT THE COURT SAYIN

RE CAPQUEST INVVESTMENT LTD V YOURSELF THEN IT AS MY ADDRESS

WE ACT FOR A JUDGMENT CREDITOR IN THIS MATTER

AS DIRECTED BY THE COURT WE ENCLOSE BY THE WAY OF SERVICE ON YOU COPIES OF THE INTERIM CHARGING ORDER AND SUPPORTING APPLICATION WITH RESPECT OF THE ABOVE PROPERTY FOR HEARING AT ====== COUNTY COURT AND WE WOULD ASK YOU TO NOTE THE HEARING DATE IN THEN STATES APPLICATION FOR CHARGING ORDER ON LAND OR PROPERTY PLEASE WHATS DOES THIS MEAN HELP

[Guest]

dillon

some info re charg. order

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale(1-Viewing)-nbsp

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court