Capquest / HL legal vs Tastethediff

[tastethediff]

Hi Everyone,

 

Received a claim form over the weekend from HL Legal acting on behalf of Capquest.

 

I will post POC's, any advice would be appreciated, it's for a credit card debt.

 

First impressions, are they allowed to charge interest, the debt with citicards (OC) was for far less than that.

 

Also cannot say if I ever received a DN from Citicards either.

 

Advice on this would help greatly,

 

Thanx

CitiCards Claim.pdf

[indigo_child]

i had the same thing last weekend, scared to crap out of me (but i suppose thats that they aim to do....).

 

I was advised to send a CCA off and go from there.

 

Also apparently they make the rules so can start adding interest in the way they see fit.

 

Anyway Id go from there. Good luck!

[tastethediff]

Surely I can CPR them, as they mention the agreement and DN under their POC's, that way I don't have to pay.

[diddydicky]

can you post up citi's Default Notice

 

have you received a notice of assignment of the debt from citi to capquest

 

was it recorded/registered/signed for or by ordinary post

 

have you acknowledged to either citi or capquest that you have received the NOA

 

have you had a demand for payment in full or termination from citi following the DN

 

did you receive a letter before action from HL?

[tastethediff]

can you post up citi's Default Notice

 

have you received a notice of assignment of the debt from citi to capquest

 

was it recorded/registered/signed for or by ordinary post

 

have you acknowledged to either citi or capquest that you have received the NOA

 

have you had a demand for payment in full or termination from citi following the DN

 

did you receive a letter before action from HL?

 

Hi DiddyDicky,

 

Cannot find a DN or Termination Notice notice from Citi

 

Have attached letter before action from Capquest dated 26th August 2009

 

Have also attached NOA from Citi to Capquest dated 7th Oct 2009(note date and amounts).

 

Letters were sent ordinary post and I have not acknowledged anything from either Citi, Capquest or HL Legal.

Capquest 1.pdf

[diddydicky]

firstly, i would write to the OFT with a copy to capquest, and complain that the letter sent to you "purporting to be" a letter before action- and then containing references to "may" is no more than a thinly veiled attempt to frighten the recipient as its main focus is on what a bailiff will do.It gives the impression that a win for them is a foregone conclusion or formality and is likely to entice an unsuspecting debtor to make decisions/payments that they would not otherwise take

 

In short it is a threatening letter disguised as a LBA and totally contrary to OFT guidelines

 

you need to find the DN or do a SAR to the OC and get their logs

 

no evidence of the NOA posted up

[Davetherave12]

Hi Diddydicky,

 

Page 2 of the above attached PDF is the same NOA Citicards sent me. I've had nothing from Capquest to say they own the debt either. Looks like were in the same boat mate.

 

thanks

Edited July 26, 2010 by Davetherave12

[tastethediff]

Have you had a claim against you too dave?

[tastethediff]

Ok Guys,

 

I've acknowledged service of the claim and sending them a CPR 31.14 request tomorrow (recorded delivery).

[cab1ne]

Ok Guys,

 

I've acknowledged service of the claim and sending them a CPR 31.14 request tomorrow (recorded delivery).

 

Expect one of these:D

 

 

cab

[tastethediff]

Ok, I'm gonna send a SAR Request to CitiCards Tomorrow.

 

Just been looking at the docs I have been sent Previously by Capquest and HL Legal and Citicards.

 

Timeline goes Something like this

 

July 2009

 

Receive letter from Citicards stating they have sold the account to Capquest, Balance as at 29th may 2009 was £4091.53

 

August 2009

 

Hl Legal send letter titled Capquest Inv Ltd V Mr xxxxxxxx , debt purchased from Citicards for £4091.53 plus £85.00 court costs and £80 Solicitors Costs.

 

Capquest Send Demand for £4,132.45 letter titled Debt Purchased from Citicards

 

September 2009

 

Capquest send Demand for same amount again offering reduced payment plan

 

HL Legal send "Notice of Doorstep Agent Visit" re Citicards for £4,173.37

 

October 2009

 

Capquest send NOA that Citicards have sold the account to them , balance is £4,173.37

 

Citicards Send Notice that they have sold the account to Capquest and confirm the balance on the account as at 29th May 2009 was £4,173.37.

YES ANOTHER NOTICE THEY HAVE SOLD WITH YES 29TH MAY 2009 AND A DIFFERENT AMOUNT.

 

Hl Legal send letter titled Capquest Inv Ltd V Mr xxxxxxxx , debt purchased from Citicards for £4173.37 plus £85.00 court costs and £80 Solicitors Costs.

 

Novembr 2009

 

Capquest send letter , Balance outstanding £4,214.29 offering settlement of £3,160.72 over 6 months.

 

Capquest send another letter , Same Balance offering reuced terms again.

 

December 2009

 

HL Legal send another "Notice of Doorstep Agent Visit" balance Outstanding £4,255.21.

 

Then hear nothing for 7 months then claim form pops through the door demanding £4,541.65

 

Have kept all the originals, Cannot find any defalt notice and the last original statment I can find from Citicards is dated March 2009

[diddydicky]

august 2009- no previous demand for payment? just a demand with court fees added?

 

no letter before action?

 

No DN

 

you need to SAR them right away for starters- and it wouldnt hurt to SAR Citicards too- so that hopefully their records do not tally

[tastethediff]

Just found the last statement from Citicards dated May 2009 and the balance is as the first letter sent by Citicards.

 

So one of them have messed up!!!

[tastethediff]

Can you Subject Access Request a DCA then diddydicky? I thought I could only send one to the original creditor.

[tastethediff]

I have just read a very interesting thread (see below)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218653-cabot-citi-questioner-2.html

 

I have a sneaky feeling that the NOA's sent by Citi could well be dodgy.

[citizenB]

Ok, I'm gonna send a SAR Request to CitiCards Tomorrow.

 

Just been looking at the docs I have been sent Previously by Capquest and HL Legal and Citicards.

 

Timeline goes Something like this

 

July 2009

 

Receive letter from Citicards stating they have sold the account to Capquest, Balance as at 29th may 2009 was £4091.53

 

August 2009

 

Hl Legal send letter titled Capquest Inv Ltd V Mr xxxxxxxx , debt purchased from Citicards for £4091.53 plus £85.00 court costs and £80 Solicitors Costs.

 

Capquest Send Demand for £4,132.45 letter titled Debt Purchased from Citicards

 

September 2009

 

Capquest send Demand for same amount again offering reduced payment plan

 

HL Legal send "Notice of Doorstep Agent Visit" re Citicards for £4,173.37

 

October 2009

 

Capquest send NOA that Citicards have sold the account to them , balance is £4,173.37

 

Citicards Send Notice that they have sold the account to Capquest and confirm the balance on the account as at 29th May 2009 was £4,173.37.

YES ANOTHER NOTICE THEY HAVE SOLD WITH YES 29TH MAY 2009 AND A DIFFERENT AMOUNT.

 

Hl Legal send letter titled Capquest Inv Ltd V Mr xxxxxxxx , debt purchased from Citicards for £4173.37 plus £85.00 court costs and £80 Solicitors Costs.

 

Novembr 2009

 

Capquest send letter , Balance outstanding £4,214.29 offering settlement of £3,160.72 over 6 months.

 

Capquest send another letter , Same Balance offering reuced terms again.

 

December 2009

 

HL Legal send another "Notice of Doorstep Agent Visit" balance Outstanding £4,255.21.

 

Then hear nothing for 7 months then claim form pops through the door demanding £4,541.65

 

Have kept all the originals, Cannot find any defalt notice and the last original statment I can find from Citicards is dated March 2009

 

Ok, well you need to adhere to a strict timeline. You must acknowledge service within 19 days of the issue date on the claim form. You will find that on the top right hand sice under the claim number.

 

That is 5 days from date of Issue for receipt + 14 days to acknowledge. You will then have a further 14 days to submit a defence.

 

Only submit a defence if you are in possession of all the paperwork you require.

 

You should read the following threads so you know what you can ask for and when.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start-26.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a-6.html

 

You will find a draft CPR31.14 in the following link, 1st post. Amend it to suit your requirements. I would suggest you ask for the following documents which are referred to in the claim form.

 

* The Assignment - Notice and Deed

* The agreement

* the Default Notice

** Statement of account or statements for the full term of the account to date in order to assess the accuracy of their claim.

 

You say in your timeline that Citicards wrote to you in July 2009 advising they had sold the account to CapQuest, however the letter you have posted a while back is dated 07 October 2009. They cant sell it twice to the same company ??

 

I agree with diddydicky in respect of the Letter Before Action. They have assumed that they have had judgement awarded in their favour. This is not a Letter before action at all.

 

I am also interested to note that the Letter before Action from Capquest is dated 26th August 2009.. whereas the letter from Citi advising the account has been sold is dated 07 October 2009. This to me implies that the account was still owned by Citi when Capquest sent the LBA.

 

So requesting both the Deed and Notice of assignment is crucial to your defence.

 

Also.... they are asking for s69 interest, which in the case of an agreement regulated under the Consumer Credit act 1974 they cannot have.

 

 

3. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

 

[diddydicky]

Can you Subject Access Request a DCA then diddydicky? I thought I could only send one to the original creditor.

 

as far as i am aware, you can send a SAR to any company or organisation that holds information about you

 

that would include doctors dentists etc etc as far as i am aware

 

so the answer (IMO) is Yes!

[citizenB]

as far as i am aware, you can send a SAR to any company or organisation that holds information about you

 

that would include doctors dentists etc etc as far as i am aware

 

so the answer (IMO) is Yes!

 

 

This is correct

 

Just dont get muddled up..

 

SAR's to go to the Creditors/assignees

CPR letters to go to the solicitors named on the Claim form. You DO NOT have to pay for any information requested under CPR.

 

You do have to pay for the SAR's £10.00 a time.

[tastethediff]

Thanks Guys,

 

Well so far I have sent a CPR request to Crapquest and am going to send an SAR to Citicards today.

 

I have acknowlegded service already and have at leat 18 days to submit my defence.

 

I only just stumbled accross the first NOA alledgedly sent by CITI , but I have indeed received TWO of them.

 

Someone is telling porkys and I think I know who it is lol.

[citizenB]

Thanks Guys,

 

Well so far I have sent a CPR request to capquest and am going to send an SAR to Citicards today.

 

I have acknowlegded service already and have at leat 18 days to submit my defence.

 

I only just stumbled accross the first NOA alledgedly sent by CITI , but I have indeed received TWO of them.

 

Someone is telling porkys and I think I know who it is lol.

 

 

NONONONONO.... CPR goes to HL Legal, the SOLICITORS....

[tastethediff]

Sorry, that's what I meant, I did send it to HL legal, but thanks for pointing out my mistake.

 

Sorry, that's what I meant, Idid send it to HL Legal, thanks for pointing out that mistake.

Edited July 28, 2010 by citizenB
merged duplicated posts

[citizenB]

Sorry, that's what I meant, I did send it to HL legal, but thanks for pointing out my mistake.

 

Phew.... thank goodness for that

[Enron]

If Capquest are trying this, i'd be very adament that I want to see the executed agreement for the account if it goes all the way to the court.

 

They should need it to get an enforcement order if you have not admitted liability..... and Citi are tighter than a ducks ass on giving these out, even to companies they've sold alleged debts onto.

 

Might get someone a bit more clued up on the legal process here.

[tastethediff]

Found this on another post, made me laugh so I thought I'd post it on here.

 

Careers | Corporate | HL Legal

 

Rhona Signed the Claim form --- BLESS

 

Look forward to meeting you Rhona.

[tastethediff]

Just checked the tracking number for the CPR31.14 request I sent Capquest on the 27th July and the post office are telling me it was signed for on the 2nd August. So first class mail takes 6 days to arrive now does it!! That means they have until next Wednesday to comply I believe(seven working days). I have to submit my defence next Wednesday evening so I doubt I will receive anything by then.

 

What should I put in my Embarrassed Defence?

 

thanks

 

TTD