CapQuest chasing 1999 abbey Overdraft - Court Claim Received

[LilMissM]

Hi, sorry for delay in replying,

I've had a migraine that put me in hospital for a day and I only got back home today.

 

As such I haven't had chance to ring Santander.

 

Should I do this on Monday?

 

I'm worried about this claim as I only have until Friday to respond to it

and I have no idea what the consequences are if I don't respond in time x

[dx100uk]

you will be responding

don't worry about that.

 

but you have lots of time [defence wise]

[26th april deadline]

 

but you need to ack the claim by day 19

whilst you are around why not go do it now..

 

pop up on the MCOL website

acknowledge the claim

defend all

leave juris unticked

 

ideally you need to get that done

[LilMissM]

Hi dx, I am doing the online response now and am at the stage where it is asking me "Please state your defence in a maximum of 122 lines in the box below."

[dx100uk]

you've gone to far

you do that later

 

 

dx

[LilMissM]

Ahhh yes I see it now, I am just acknowledging it! Right, that is done.

 

 

Thank you for your help, I think you've actually stopped me having a bit of a breakdown x

 

I will keep you posted

[LilMissM]

It makes me feel sad and defeated writing this.

 

I have today received a "Judgment for Claimant (in default)" and in addition to what they have said I owe, they have also added on a further £172 for costs.

 

It says at the bottom of the form "

If you ignore this order your goods may be remomved and sold, or other enforcements proceedings may be taken against you. If this happens further costs will be added. If your circumstances chance and you cannot pay, ask at the court office what you can do."

 

I think I am just going to pay it.

This has gone on for so long now and it doesn't look like being resolved unless I pay

 

I don't have the money to pay it and I can't even remember what it is all about.

It muddles my head and right at this moment I feel really down in the dumps about it.

 

I'll see if I can lend the money off my brother to pay them and just be done with it once and for all.

 

I am not normally a defeatist but I'm not in good health and I just don't need this extra stress x

 

Sorry I forgot to add that I did what dx advised me to do in reply #167 and have heard nothing at all from that until today.

 

However, it says on this form "You have not replied to the claim form. It is therefore ordered that you must pay the claimant £XXXX.XX for debt [and interest to date of judgment] and £172 for costs

[dx100uk]

why did you not file a defence in time?

[LilMissM]

I assumed I would get some response to the acknowledgement.

 

I have never done anything like this in my life and I don't know it all works.

 

And I forgot all about it until today.

[dx100uk]

oh how I wish you'd actually sent an sar to abbey and gotten all the statement

as i'm sure that before you started to get fleeced by CQ the debt was already 6yrs old.so SB'd

 

 

cost you £255 now to set this aside

and you'll need a valid defence [sB will be fine!]

[LilMissM]

I don't know what to do. Is this a winnable situation or am I going to end up having to pay it anyway possibly with more costs?

[LilMissM]

So the way I see it now I have two options:

 

1) Pay the amount and be done with it. Will I have to pay it all in one go or will they allow me to pay in reasonable instalments?

 

2) Pay £255 to get it set aside and (with help from here hopefully) put forward a good reason why I believe it is wrong. If I do this option, my concern here is that I won't be successful and will still have to pay the amount, as well as the £255.

 

Any help/advise here would be most appreciated, this has gotten me so down now x

[SabreSheep]

Option 2 is your best bet if it was SB at the time

 

So quickly work out if it was SB before you started paying them again.

 

Stay positive, you may have a potential defence here, and its a solid one if its accurate

[LilMissM]

So quickly work out if it was SB before you started paying them again.

 

How do I find this out? Sorry for sounding so dumb but I really haven't got a clue about stuff like this x

[SabreSheep]

Send a SAR to abbey as previously advised.

[LilMissM]

Ok I will get on this straight away and get it posted tomorrow.

 

 

I'm sure I have done something like this once before though and they returned my money to me. I still have the letter somewhere, will dig it out and see what it says

 

Ok I don't think this is the same thing but here is what I have:

 

Letter from CapQuest dated 16th July 2012

We are writing with reference to your request for further information in relation to your above account.

 

We can confirm we have requestedd this information directly from Abbey, however we are still awaiting a response. Your account is currently on hold, and if interest is being applied this will be frozen.

 

We will be contacting you again within 28 days to advise of the situation.

 

If abbey respond to us within that time period, we will contact you immediately to resolve this matter.

 

Your patience is appreciated.

 

Then I have another letter from CapQuest dated 19th July 2012

 

CapQuest can confirm that Section 74 of the Consumer Credit Act 1974 states that an overdraft on a current account will not fall within the documentation requirements of the Consumer Credit Act, Therefore we are not obliged to provide a copy of the agreement for the above account. We return your £1.00 fee.

 

We can confirm that we have requested statements for the above account and these will be forwarded to you when received.

 

The next letter that I received from CapQuest after that is dated 10th August 2012

 

Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by 19th August to assist us in resolving this matter.

 

Details of residence at the time this account was opened 30/04/1999

 

Your assistance would be greatly appreciated. Please note that this is not a demand but a request.

[SabreSheep]

They look like CCA requests responses not a SAR

 

On this rare occasion you could try phoning Abbey and asking when the last payment was. They may or may not be able to help.

[LilMissM]

Send a SAR to abbey as previously advised.

 

Again, sorry to sound thick, but I don't have an address for Abbey. Do you know where I can find this?

[dx100uk]

SAR satander not abbey

[LilMissM]

I bank with Santander now, will doing this affect my account with them?

[dx100uk]

what an sar..no

just remember the debt has been sold on.

[LilMissM]

Ok sound, thank you. What do I do about the judgment thing?

[dx100uk]

11/08/2012 post says:

I have today received a letter from CapQuest as follows:

 

"Further to your recent correspondence and in order to process your communication further, we would request you provide the following information by 19th August to assist us in resolving this matter: Details of residence at time this account was opened: 30/04/1999. Your assistance would be greatly appreciated. Please note that this is not a demand but a request."

 

Surely they would already have this information? x

 

 

for ref

[LilMissM]

Ok dx I am going on the MCOL site and applying to have the judgment set aside.

 

 

It is asking me to "summarise the reasons why you feel the Judgment should be set aside".

Can you please help me word this correctly?

I am asking for it to be set aside because I believe the debt was already SB, correct?

 

Are there any other reasons I should put as to why I think it should be SB?

[dx100uk]

why don't you hold on that for a day

theres no harm in you ringing Santander and ask

if they have any info

ideally what you need to know

is the last time you paid in anything to abbey

as if that was more than 6yrs before you started paying CQ then you should be home and dry.

so you are going to be looking to prove there was no payment

before this:

I have been repaying an old debt through CapQuest since about January 2011,

or is this the start date?

On 03 july 09 your account was sold (by way of assignment) to CapQuest Investments Limited who has appointed one of their group companies, CapQuest Debt Recovery Limited to manage your account on their behalf.

for 6yrs

[LilMissM]

Thank you (as always) dx, I shall ring Santander in the morning and find out what I can x