small claims summons capquest

[grifty]

Hello

Not sure if this is in the right section as we are in Scotland. My wife has recieved a |Summons from our local court regarding a debt purchased by capquest they are being represented by sollicitors Yuill+Kyle.

 

The debt in question was to a catalogue company (Great Universal). during 2010 my wife spent 6 months in hospital due to Pneumonia and plurasy and was unable to work. the people at the catalogue started hounding her for money and advised her that she had account cover plus and should claim on it. After contacting the insurance and going through their form over the phone was told she didn't qualify as she worked less than 16 hours a week.

 

So i persued them for a ppi claim. The outcome was they told us we couldnt claim as the account was opened in 2001 and they weren't covered by the fsa at that point and the financial ombudsman couldnt force them to pay us anything and the cover had other benifits which they thought had been worth the money. I did contact the ombudsman who confirmed they couldn't do anything.

 

They sold my wifes debt to capquest earlier this year I have never acknowlaged any of their letters or nor has my wife confirmed who she is but they have done some searches and found out we own or house jointly and are looking to get a decree against us.

 

they say they will produce a copy of the agreement an default notice if we defend.

 

 

Thats a brief summary

 

The date is for mid may. Help! my wife is terriffied at the prospect of having to go to court.

 

Grifty

Edited April 17, 2012 by grifty

[ims21]

Hi Grifty

 

Can't help with the details of the legal side but others will. Let's leave the thread here for the moment to see what help comes along.

 

The thought does occur to me though that there may be unlawful charges on the account such as late payment/over limit etc which could form the basis of a counterclaim.

 

Also with regard to the PPI, do you know what these "other benefits" were which would have been worth the money? I think that is pretty poor excuse for them to turn down a reclaim and this seems to be an opportunity to mount an additional counterclaim for the PPI.

 

The fact that they thought these other benefits were worth the money is neither here nor there IMHO.

 

Was your wife only working 16 hours per week when the account and PPI were taken out?

 

What is the value of their claim?

 

Can you post up the PoC (MINUS ANY PERSONAL IDENTIFIERS) please

 

 

You can use this method by dx100uk

 

scan the required letters/agreements/sheets

as a picture[jpg] file

or convert them to .PDF

ENSURE:remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

 

 

ims

Edited April 17, 2012 by ims21

[grifty]

Thanks for the quick reply ims, in 2001 my wife wasn't working at all our daughter was born in 2000 and my wife didnt work for about 7 months before that till she was around 4. She only worked 15 hours a week till her ilness. Her hours now are only 7.5 hours a week the debt was for £1494 our ppi claim was for over £2000 pounds.I sent them a SAR and they sent me exactly 6 years worth of data print out. I also asked them for a copy of the signed agreement they sent 5 different aggreements. I'll dig out my old scanner and try and post a copy of the poc and these agreements.

 

Grifty

[ims21]

Ok that would be good if you post up.

 

Interesting that they popped a PPI policy on there for someone who wasn't working....I would think that is reason enough on its own for a mis-sale

 

ims

[grifty]

Can't post images or links yet not got enough posts yet

 

Grifty

[ims21]

You can if you follow the instructions in post #2

 

[grifty]

Thanks Ims here are the POC and the accompanying letter

 

Grifty

[ims21]

Nope

 

need to convert it to PDF as per the instructions....jpg files are too small to read

[grifty]

POC.pdfSorry Ims I realised when I tried to read them back myself, here are the pdfs

 

Yuill&Kyle.pdf

 

Grifty

[ims21]

Hi

 

Ok that is the letter from the solicitor....can you post up the Particulars of Claim as they appear on the court papers you have received?

 

If typing them up fine but remember of you are doing it as a PDF all case no's and personal stuff should be removed first

 

We can then get the legal guys to have a look see for you

 

Thanks

 

ims

[grifty]

Hi Imms thanks for your patience the Particulars ar in the previous post if you click on POC but here they are again

 

claim particulars.pdf

 

Grifty

[ims21]

Yes the filename was PoC which is a reserved word and won't link properly

 

ok bear with us

[grifty]

Here are the copy agreements shop direct sent me. There isnt one from 2001 which was the date they say the account was opened. The copy2 I have another 2 like this there is no name and address at the top that section was already blank. There is an account no on the bottom right though. I would think there are a lot of missed payment charges in the ammount owed.

 

What really wound me up about shop direct is they refused all payment plans we put to them and the only thing they offered was a loan to clear the account (and allow my wife to start using it again) payable over 3 years.

 

We have debts of around £25000 including this and agreements in place with 5 other creditors currently paying a total of £20 a month set up with the help of the national debt helpline and cashflow website.

 

copy agreement1.pdf

 

Grifty

copy agreement2.pdf

[citizenB]

Some information that might be of use.

 

All civil debts are dealt with by the Sheriff court in Scotland.

 

 

• If the debt is less than £3000, it will be a small claim. Guidance on small claims
  

• If it's between £3000 and £5000 it will be a Summary cause claim Guidance on Summary cause claim
  

• If it's above £5000 it will be what's known as an ordinary action claim. Guidance on ordinary actions
  

And here is a link to the solicitors representing the opposition and how they recover debt in Scotland for English companies.

[IdaInFife]

Ok just to clarify that originally was a catelogue account then your wife signed new agreement so could get loan to clear the balance?

 

If so is the balance from the loan or loan plus a balance on the catelogue ?

 

Would a reclaim of PPI and Charges make a large dent in it?

 

Did you make offers of payment in writing? and do you have copies? did you actually make these payments you offered?

[grifty]

Sorry I've had to ressurect an old laptop as mines packed in.

 

My wife turned down their offer of a loan. The debt is the is the ballance from the catolgue which will include a large chunk of ppi premiums late payment charges and such.

 

If I could reclaim the ppi that would wipe the debt out and they would owe me money.

 

I would also appreciate If some one could advise if any of the "aggreements I posted are enforcible"

 

The more I think about it, I would like to put in a defence, Would I be able to do so on the grounds of the ppi. Can I ask them to prove we owe them the money and that they are legally entitled to collect it Before I have to reply to the court. Reply date is the 16/05/2012 and the hearing is at the end of may.

 

I don't know what I need to do regards replying to the court to say I want to defend. The debt is just under £1500 so it will come under small claims proceedures.

 

Grifty

[citizenB]

TBH, I dont know much about catalogue agreements, so unable to say if they acceptable or not.

 

However, I dont see anywhere that you have requested their protectioncover at 1.8% of the outstanding balance. So if you have all your statements, I think you need to do a spread sheet that will show how much you have paid in PPI premiums.

[citizenB]

I am not sure how you would go about defending in respect of the PPI. I think that would have to be entered as a counterclaim.

 

As this is in Scotland, I am unable to assist.. but will flag your thread for the Scottish site team members

 

When do you need to acknowledge your claim/ submit a defence. ?

[grifty]

I need to submit a defence by the 16th of may

 

Grifty

[steven4064]

Hi grifty

 

Forget enforceability - it is very difficult to prove these days.

 

When you submit your defence, you can also submit a counterclaim - in fact, filing with the defence is the only time you can make a counterclaim without the court's permission. You will need to put together particulars of claim exactly as you would if you were making the claim.

 

You use a form N211 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n211_0499.pdf

 

CPR PArt 20 gives the rules - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20

[grifty]

Hi Steven

 

does this apply in Scotland? When I submit a defence how much detail do I have to give. Sorry If I sound dense but I really don't understand the ins and outs. Do I just indicate on the form I will be defending? and submit a counterclaim. Also how will that work as wouldn't the PPI claim be against the origional catalogue company?

 

Thanks

Grifty

[steven4064]

I'm not so familiar with the Scottish system but you can make a counterclaim with you defence in the same way as in England. Have a look at http://www.scotcourts.gov.uk/sheriff/small_claims/forms/taking_a_claim_to_court1401.pdf - see item 4 on page 12 and the form on page 13.

 

If you are being taken to court by Capquest on their own behalf, then they have bought the debt. Unfortunately for them, they have also bought any liabilities so you can counterclaim against them. If they are taking you to court on behalf of someone else, then the someone else will be the pursuer and you should counterclaim against them. What does it say in box 2 (pursuer) on the small claims summons?

[dx100uk]

if you've got all the statements i bet you've got hyundreds of PENALTY charges that you can them with

and at THEIR int rate compounded

 

and the PPI

that will wipe the debt stone dead i bet

 

this is very rare for a cat debt to go this far

i wonder if its because its scottish?

 

any help you need doing the PPI/charges spreadsheets just ask me or IMS.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

shame you did come here earlier we could have nailed them easy with money to your pocket too

[grifty]

Thats interesting, capquest have bought the debt so it may be better for me to admit the debt and counter claim on the ppi.

 

grifty

[grifty]

I'm kicking myself now that i didn't pursue the catalogue company further, with the ppi now. I have 6 years worth of statements and printouts from them. I thought as the ombudsman told me they couldn't do anything I had hit a dead end

 

grifty