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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capquest Claim Form - HSBC loan


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Guys, please I need help...

 

I received a court letter (claim form) this morning filed by Capquest.

 

Now, not to go into a lot of detail, but this is relating two a debt from 2003. I have not heard from them (or anybody) since about 2005.

 

Out of the blue I received a letter in February. I did a bit of research and found out about Statute Barred. I do believe this debt to be statute barred so ignored the letter. So then this court letter arrived this morning.

 

Now I have not made a payment or admitted the debt for well over 6 years or have ever had a county court judgment made against me. I cant however help but wonder when my last contact with anybody relating to this debt was.. Just stress that has set in...

 

The letter says I have a limited time to respond, so would really appreciate any help in what to do next? Please can anybody help me / point me in the right direction on what to do next?

 

Any help would be greatly appreciated...

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Hi and welcome to CAG.

 

You have 5 days + 14 to acknowledge service, this will give you an extra 14 days for your defense.

 

You will defend in full.

 

Can you post up the POC. You have a full defense as it is Stat barred, but Crapquest may invent a payment.

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Hi Flyboy and welcome to CAG

 

You have received a N1 summons from Northampton..a claim has been made against you.You have 33 days in total subjected to how you intend to plea (5 days deemed served so 28 (14 too acknowledge service and a further 14 days to submit a defence).

You can do this on line using the password provided on the summons after registration to use the Gov.gateway website...MCOL.

 

I would advocate simply defending all and issuing a defence of Statute Barred.

 

Regards

 

Andy

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Statute barred is an absolute defence. You have 5 +14 days to acknowledge the claim online to say that you will defend in full and then 14 days to enter your defence.

 

In the meantime you should send a CCA request to Capquest and see if you can get hold of the statement details from the original creditor showing the last date of payment. You could send the OC an SAR request, but they can take up to 40 days, so it may be easier to just to get a statement of account which shows the last payment.

We could do with some help from you.

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Guys, thanks for the quick reply.

 

I had a look through my emails and found an email in 2009 that was a draft with a excel spread sheet on that had all my debt and reference numbers on. I think I tried to look at an IVA but never did anything about it. Would this bee seen as admittance of debt? I dont actually remember if I did send this to anybody.. my brain has just frozen. Im sitting here shaking with stress..

 

What do you think I should do? Still defend as status barred?

 

To this day I have still not spoken to anybody from capquest.

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Just put in your acknowledgement of service, then for your defence we can help you say its statute barred. Then its a waiting game to see what crapquest say. They'll normally come up with something like you have paid £30 between april - november 2007/2008

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes post #3 you have plenty of time so dont rush.

 

Regards

 

Andy

We could do with some help from you.

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The first step is to respond to the claim form. Details are on the claim form. This is important as you only have a short time to respond. If you dont, then the other party gets judgement by default, and you have no way to get it set aside. This will result in you getting a CCJ if you dont pay the full amount of the order plus costs within 30 days of judgement.

 

Thats why it is so important that you respond to the claim form and acknowledge receipt. You also want to fill the part in where you will be defending the ENTIRE claim. As mentioned above, Statute Barred is a complete defense.

 

Regarding acknowledging the debt, it is only acknowledged if you make payment towards it, or state clearly in writing, that it is your debt, or you claim full responsibility for the debt.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for the last.

 

I have tried logging onto the website but I am unable to do so as there seems to be an issue with the password. I will call them on Monday to respond. I need to take a step back from this as I am making myself sick.. I will pick this up again on Monday.

 

I am still extremely worried about this IVA application. Thinking about it I did look into it, but when the offer came through it was ridiculous and I did not take it any further so never made any payment. Still worried this is admittance of guilt.

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Andy gave you the time limits in post #3. Don't worry about if's and but's for now. Have a relaxing day tomorrow and we can help you pick it up on monday. As already advise, Statute barred is a complete defence, and it is up to crapquest to prove it isnt SB'd. They cant simply say it isn't either. They would need to provide full proof to the court that it isn't SB.

 

One question for you. WHen did you check the IVA? Was it post 2011? If so, then it is impossible for it to become unstatute barred. Once it's SB'd, NOTHING can change that.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi There,

 

Thank you so much for your response and sorry for only replying now.

 

I will respond today. Will call the courts and find out why I can log into the online site to respond.

 

With regards the IVA

 

I think I looked into the IVA in 2009. Like I said (from memory) I got a letter from the IVA company I approached, but the monthly payments and amount that would be written off was not worth it so I just ignored it. What does this mean to me now with regards using SB as a deference? I am worried I will not be able to use this? FYI the unsecured loan dates back to 2003.

 

Also my main reason for stress is that I bought a house with my partner two years ago. Her parents helped us with the deposit, but we are paying it back monthly on top of the mortgage. Im worries they can force us in court to sell the house any take the equity.

 

I am looking at something called a protection trust (Family protection trust) that will from my understanding protect the assets in the trust (in my case the in laws money) is this a good idea?

 

Last question,

 

I am going to file my Acknowledgment of service today. The courts told me I then have until 26 April to respond.

 

Just wanted to check, I should tick option 1 (I intend to defend all the claim) ? Other options are 2. Intend to defend part of the claim (I know this is not what I want to do) and lastly, Intend to contest jurisdiction..

 

Thanks again for all your help.

 

Andy gave you the time limits in post #3. Don't worry about if's and but's for now. Have a relaxing day tomorrow and we can help you pick it up on monday. As already advise, Statute barred is a complete defence, and it is up to crapquest to prove it isnt SB'd. They cant simply say it isn't either. They would need to provide full proof to the court that it isn't SB.

 

One question for you. WHen did you check the IVA? Was it post 2011? If so, then it is impossible for it to become unstatute barred. Once it's SB'd, NOTHING can change that.

Edited by Flyboy583
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Hi all,

 

I think the net has just closed in on me.

 

Now that the initial stress has gone my brain started working. I was with payplan a while in 2008. So payment was made to capquest within the 6 year period. From my rough calculations I have about another 1.4j to go before the 6 year period and I can claim SB.

 

What now....

 

So here is my dilemma.

 

I have £30k in equity in my house. This belongs to my in laws as they helped us buy the property. I am going to have a declaration of trust pulled up to protect their investment into the house.

 

Then from there I dont know what to do next... Is it possible to draw this out until SB can be in forced or should I just look at an IVA?

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Hi Flyboy

 

Once a claim is issued the clock stops with regards to a debt becoming Statute Barred.I think you are thinking a little too far a head here...you have not stated how much is being claimed or what is being claimed...what their particulars are...what type of debt it is.

Not all CCJs guarantee a Charging Order.

 

Andy

We could do with some help from you.

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Hi Andy,

 

Thanks again for responding and apologies for not being clear.... The gravity of my situation is starting to hit home and I am not coping well.. I cant sleep hence finaly gave up trying and decided I might as well use my energy productively.

 

Ok so here is the facts (As best as I know)

 

This was for an unsecured loan back in about 2003 for £11500 (roughly as I cant remember the exact amount)

 

Capquest is now claiming £29000, The fast majority of this outstanding amount is interest. This was with HSBC

 

On the court document they have put the following:

 

1) Monies due under Credit agreement that was assigned to the claimant on 30/09/2005

 

2) The claimant seeks interest pursuant to section 69 of the county courts act 1984 of a rate of 8% per annum from the date of issue.

 

Now what scares me is the interest that has been slapped on... This is why I am so scared about my house and the equity in the house.. Like I said the £30k in the house is not my money as it was loaned to us by my in laws and I must protect that as they took out a second mortgage on their house to help us.... This is why I need to get a deceleration of trust to secure their money.

 

 

Guys, please what can I do about this interest? I know I need to now repay the loan, but surely there must be something I can do about challenging the interest?

 

I am going out of my mind... I am so scared of loosing everything I have including my family.. This is going to destroy our life and what little quality of life we have...

 

Please, if there is any advice anybody can give, please post here. Is there anything I can do about this interest? I am also scared that they will carry on claiming interest making this impossible to every pay back...

 

I dont know what to do next

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Ok having confirmed that you now consider the claim not to be SB you need to do a little preparatory work to assist with your defence.

 

Their Particulars of claim...or lack of them unless you have edited and not typed it out verbatim.

 

1) Monies due under Credit agreement that was assigned to the claimant on 30/09/2005

 

2) The claimant seeks interest pursuant to section 69 of the county courts act 1984 of a rate of 8% per annum from the date of issue.

 

Points in red are documents referred to and as such you can request clarification by way of a CPR 31.14 request for disclosure.I would also request a breakdown of the amount and also a copy of the DN even though not referred to.Template is in the Library send ASAP recorded delivery to the Claimants Sols and print your name no signature.

A separate section 77 request for the agreement relied upon also (Templates Library letter N) include a £1.00 PO and again recorded delivery and print name.

 

Post these today.

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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The team here are supplying excellent advice, I hope that I can add a few things that might help your anxiety.

 

CapQuest, like many other debt collectors, rely upon terrorising folks out of their wits so that they can extract the maximum amount of money from them. They are also on the radar of the authorities for their dubious business practices. Their tactics rely upon general ignorance of the law and intimidation. To counter this you need to get yourself up-to-speed with The Facts.

 

Your debt and its administration is governed by the CCA1974 and its amendments. In it are prescribed terms as to what and how your creditors can approach the collection of your debt. Find out more about this here:-

 

http://www.nationaldebtline.co.uk/

 

Now this business about the 8% interest, they can claim away but there must be a clause in the original credit agreement that provides for this. CQ are not the original creditor and will have to retrieve a copy or the original credit agreement in order to substantiate their claim. They have asked but it does not mean that they will get it.

 

Andyorch has advised you to request a copy of this agreeement from CQ, you must do this and when you respond to the claim you will reject this interest. From what you have written it sounds as if you will not be disputing the entire claim on statute barred grounds but will be submitting a partial rejection - the interest and any collection fees CQ have entered.

 

A final word about interest - once a judgement has been made that judgement becomes the new 'agreement'. Judgements for consumer credit debts do not get awarded interest, if there is a clause in the original contract I believe that this has to be subject to a separate claim - its not going to happen!

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Hi Andy,

 

Apologies for only responding now. I have literary just walked through the door and as such only just read your message.

 

Once again thanks!! I will immediately do as you instructed and duly post all letters first thing in the morning.

 

Just to clarify my next actions.

 

1) I will complete a CPR 31.14 request for disclosure and request a full brake down of all costs and charges to see how they got the the mystical £30k. As part of this I will also request a copy of the Default Notice. This will be send to CP`s solicitor by recorded delivery addressed to the solicitor and address as stated on the court document. I will be sure to print my name in block capitals and will not sign the document.

 

2) Secondly I will send a separate section 77 request for a copy of the credit agreement that this claim is reliant on. Included will be a £1 postal order and send via recorded delivery. My name once again will be printed in block capitals.

 

I will let you know when posted and then I can start preparing for my defense.

 

Kindest Regards

 

Flyboy

 

Ok having confirmed that you now consider the claim not to be SB you need to do a little preparatory work to assist with your defence.

 

Their Particulars of claim...or lack of them unless you have edited and not typed it out verbatim.

 

1) Monies due under Credit agreement that was assigned to the claimant on 30/09/2005

 

2) The claimant seeks interest pursuant to section 69 of the county courts act 1984 of a rate of 8% per annum from the date of issue.

 

Points in red are documents referred to and as such you can request clarification by way of a CPR 31.14 request for disclosure.I would also request a breakdown of the amount and also a copy of the DN even though not referred to.Template is in the Library send ASAP recorded delivery to the Claimants Sols and print your name no signature.

A separate section 77 request for the agreement relied upon also (Templates Library letter N) include a £1.00 PO and again recorded delivery and print name.

 

Post these today.

 

Regards

Andy

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Hi DuffNCustard,

 

The advice is truly amazing and I really hope that anybody reading this and in a similar situation will find this as useful as I am.

 

The last couple of days have been hell.. My stress level have gone through the roof. It seems that the more I researched the more lost I became and started feeling that I am going to loose everything... I just could not get a clear answer anywhere and every thing i read would point me in a different direction... Fortunately the help and advice I am receiving here is straight to the point and leading my down the road to ensure that all the facts are correct. i feel I am getting a bit in control now and will have a fighting chance of defending myself against this massive interest that has been slapped on..

 

I have fully come to term that I need and will repay this debt. I just want to ensure I don't pay unnecessary charges that by the sound of things CQ are trying to scare and bully me into paying.

 

The change in me today has been from complete stress to a much more calmer person this evening. I feel that I have a plan and the support through this forum to prepare in full for my defense.

 

I just want to thank you and everybody that has so far offered advice. It is appreciated more than you can ever know!

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Hi Andy,

 

Could you just quickly check my amended CPR 34 request. I have highlighted the areas I want you to check in RED

 

PS, do I need to send any money towards the copying costs?

 

 

 

template removed - dx

 

Ok having confirmed that you now consider the claim not to be SB you need to do a little preparatory work to assist with your defence.

 

Their Particulars of claim...or lack of them unless you have edited and not typed it out verbatim.

 

1) Monies due under Credit agreement that was assigned to the claimant on 30/09/2005

 

2) The claimant seeks interest pursuant to section 69 of the county courts act 1984 of a rate of 8% per annum from the date of issue.

 

Points in red are documents referred to and as such you can request clarification by way of a CPR 31.14 request for disclosure.I would also request a breakdown of the amount and also a copy of the DN even though not referred to.Template is in the Library send ASAP recorded delivery to the Claimants Sols and print your name no signature.

A separate section 77 request for the agreement relied upon also (Templates Library letter N) include a £1.00 PO and again recorded delivery and print name.

 

Post these today.

 

Regards

Andy

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Me again.. :roll:

 

Just got a question on the Section 77 Request..

 

the only thing I have with a reference number on for CP is an old Spreadsheet I found on my PC. I dont actually have a letter with a reference no on as I checked everything.

 

Can I amend the heading of the letter as follow? This is just to ensure I give enough information so they can link me to their correct file?

 

Re:− Account/Reference Number xxxxxxxxxxx - This is linked to HL Legal & Collections vs xxx xxxx Case No: xxxxxxxx

 

Thanks Again..

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Sorry, another question.

 

On the court document there are two addresses as follow:

 

Under Caimant:

CAPQUEST INVESTMENTS LIMITED

FLEET 27

RYE Close

Fleet

Hampshire

GU51 2QQ

 

And then under: Address for sending Documents and payments (if different)

 

HL Legal & Collections

1st Floor Grosvenor HOUSE

Prospect Hill

Redditch

Worcestershire B97 4DL

 

SO this is what I am going to do.

 

For the CPR 31.14 - I am going to send this to HL Legal.

 

For Section 77 - Will be sending to Capquest + £1 PO

 

Would it be recommended to put a return address on the back of the envelope? Not sure about this?..

 

Both by recorded delivery today

 

Thanks in advance :)

Edited by Flyboy583
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Me again.. :roll:

 

Just got a question on the Section 77 Request..

 

the only thing I have with a reference number on for CP is an old Spreadsheet I found on my PC. I dont actually have a letter with a reference no on as I checked everything.

 

Can I amend the heading of the letter as follow? This is just to ensure I give enough information so they can link me to their correct file?

 

Re:− Account/Reference Number xxxxxxxxxxx - This is linked to HL Legal & Collections vs xxx xxxx Case No: xxxxxxxx Refer to the account number used in the P.O.C

 

Thanks Again..

 

Sorry, another question.

 

On the court document there are two addresses as follow:

 

Under Caimant:

CAPQUEST INVESTMENTS LIMITED

FLEET 27

RYE Close

Fleet

Hampshire

GU51 2QQ

 

And then under: Address for sending Documents and payments (if different)

 

HL Legal & Collections

1st Floor Grosvenor HOUSE

Prospect Hill

Redditch

Worcestershire B97 4DL

 

SO this is what I am going to do.

 

For the CPR 31.14 - I am going to send this to HL Legal. Correct

 

For Section 77 - Will be sending to Capquest + £1 PO Correct

 

Would it be recommended to put a return address on the back of the envelope? Not sure about this?.. If you wish put they must be aware where you are.... the summons found you

 

Both by recorded delivery today

 

Thanks in advance :)

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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