Capquest Claimform - old Cap1 Card

[sydbarrett]

Hello All.

I would be grateful for any help here.

 

Capquest Investments CCJ claim form;

 

My original debt was with a Capital One credit card.

The account was opened in 2002 and run without any problems until Jan 2012 when due to a long illness I was unable to maintain the payments. I made an arrangement to pay Cap 1 £20 monthly and continued this until Dec 2012. In Jan 2013 I received letter from Capquest saying they had bought the debt and I was to now pay them.

I did not receive any communication from Cap1 confirming this so until I did I stopped paying the £20 monthly.

 

Between March and May 2013 I received two standard "threat'o'grams" from Capquest which I ignored.

 

On 20th June 2013 I received from Capquest a " letter of claim under the practice direction - pre action conduct" allowing me 14 days to contact their "experienced team of negotiators" to discuss repayment or a CCJ claim would be issued. at this point I was going to send a prove it letter or CCA request.but sadly did not get around to it.

 

Yesterday a CCJ claim for arrives from Northampton with me named as defendant and Capquest Investments ltd as claimants (for a sum less than £5.000).

 

Can I defend this bearing in mind I have not received from Capquest or Capital One;

 

Any default notice.

No proof of ownership from Capquest or Cap1 in the form of a (deed ?) of assignment.

No proof of any contract between myself and Capquest.

No termination of agreement notice.

No CCA, but I didnt ask for one and send £1 - is it too late to do this now ?

 

Should I have received any of the above prior to a CCJ claim being issued and is there anything I should have received not included above ?

 

If I am to defend this what should I write as my defence on the CCJ claim form ?

 

Should I write to Capquest telling them my reasons for defending this claim ? and should I send them a CCA request ? and ask them for proof of debt ownership ? is there anything else I should be doing ?

 

I am in the process of arranging through Stepchange a DMP to pay reduced amounts to my other creditors and I wouldnt have a problem paying Cap 1 as they are the original lender, but not Capquest.

 

Would it be possible that Capquest do not have all the documentation for a successful claim and are hoping that I dont defend this so they can obtain judgement in their favour by default ?

 

Any help on this would be greatly received.

 

Many thanks in advance

SYDBARRETT

[Ganymede]

Hi it might help people if you tell us the date of issue on the Claim Form as you have a strict deadline to acknowledge.

 

Also if you could type up the Particulars of Claim minus any personal details.

[sydbarrett]

Hi Ganymede and thanks.

 

The date of issue on the claim form is 22 July 2013.

 

The particulars of claim are:

 

Monies due under regulated Credit Agreement

number xxxxxxxxxxxxxxxxxxx

Between

Capital One

and the Defendant the benefit of which

was assigned to the claimant on xx/12/12

The Agreement terminated upon the Defendant(s)

failure to comply with the terms of the agreement.

 

The Claimant seeks interest

pursuant to section

69 of the County

Courts Act 1984

at the rate of 8%

per annum from the date of

issue continuing at the daily rate of 0.92

Any payments or queries should be directed

to the claimant on 0844 248 9091 (phone)

or 0844 248 8999 (fax) or

Email; [email protected]

 

The Claimant believes that the facts stated in this claim

form are true and I am duly autherised by the claimant

signed xxxxxxxxxxxxx (Claimants solicitor)

 

Cheers

SYD