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    • #1   Posted March 4, 2014 The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]     Which Court have you received the claim from ? County Court Business Centre, Northampton, NN1 2LH       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Capquest Investments Limited   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th January 2022 / 31st January to acknowledge / 14th February to submit defence   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number 4779169679648877 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418   What is the total value of the claim? £4893 (this now includes the Court and Legal Reps fee)   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes this is likely but cannot find the letter   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice   Did you inform the claimant of your change of address? yes, as they have been able to contact me, or when phoning the claimant they have updated the address records Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? 03/04/2003   Do you recall how you entered into the agreement...On line /In branch/By post ? Think it my have been in store   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, not any more   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Capquest   Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall   Did you receive a Default Notice from the original creditor? Yes I am sure my wife did   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, I have a letter from Capquest dated 10th June 2019 following a letter of complaint I had written declaring they hadn't provided statements between 2010 and 2019   Why did you cease payments? My wife had a breakdown and has been declared as clincially depressed. She has taken medication for many years now.   What was the date of your last payment? Account defaulted with Sainsburys between 2008-2010, we have made token payments ever since without fail   Was there a dispute with the original creditor that remains unresolved? Not that I can recall   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did speak with Sainsburys and agreed to pay £5 per month, then account was assigned to Capquest and we started paying £1 per month. We continued to pay both between 2010 and 2019. The current statement doesn't run beyond 2019. Claim Form.pdf
    • Sorry, I would rather not do that.    I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract.    So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 
    • Ok thanks dx 100uk. I’ll keep u posted
    • Hi again,   Having responded to the court claim for mediation I since have heard nothing from the court. On Thursday this week we received the attached letter from Overdales. Could I ask for advice on this letter and also ask if they should be writing direct when mediation through court is pending?    Thanks Overdales letter.pdf
    • Hi,   My business is now going through insolvency and luckily most of my creditors had been paid.   However, I have an outstanding business loan to Funding Circle of around £40,000 with a personal guarantee to me   Funding Circle have not yet contacted me and all payments have been up to date. My insolvency agent is in the process of contacting creditors now.   I do have a small amount of personal savings but I was wondering what the best steps of action are here for me.   Thanks for your help.
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Virgin Misold Holiday


dt1234565
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Thank you for reading I would approximate any advice.

 

We have written to Virgin who are investigating under 28 day rule.

 

We paid by credit card.

 

We specifically chose this holiday as the website described ALL rooms as interconnecting. We requested interconnecting rooms at the time of booking and were told "no problem all rooms are interconnecting", we also emailed the hotel ahead of our stay. Upon arrival we were given rooms 419 and 421 not only not connecting but one room apart.

 

This lead to a very stressful holiday. Our children are 8,7 3 and 16 months so far too young to be left unattended meaning we had to run between rooms split up for sleeping and generally be mega stressed at night time making sure the kids always had an adult with them.

 

We asked at reception everyday for rooms together but were told there was no availability. After a week we contacted Barbados rep and three days later we offered two extremely small interconnecting rooms. By now we only had 4 days left and many clients had complained about these small rooms and been moved to larger rooms we declined this tiny option.

 

We were told by another family they had been put in rooms 420 and 422 and had complained and been moved immediately this was the first Monday after our arrival so we could of have been moved then.

 

We spoke to the Barbados rep who fully agreed the incorrect website details were indeed a case of misselling on their part. The hotel advised us there are 20 interconnecting rooms not all connecting rooms and therefore the product was not as described. If we had not been misled by the website we would not of booked this resort. The hotel have since updated there website.

 

The day before our departure we had a meeting with the Virgin Barbados Management team who said nothing and the Hotel General Manager who offered us three nights free accomodation which we declined as this goes nowhere near compensating us for being apart for two weeks on a midsold stressful expensive holiday.

 

As we left the hotel The General Manager advised he would work fully with Virgin Holidays to heavily compensate us for a miserable two weeks, Virgin Holidays are yet to extend the same courtesy.

 

We also requested a sky cot at the time of booking for our youngest daughter. This was honoured on our outward journey, however we were refused this on our inbound journey leading to even more stress on our night-flight home.

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Hi

 

I have a reply. They say they have provided the correct room types and say about the hotel offering us a complimentary three night stay which was already offered before our complaint. They also point out we were offered a room upgrade. Yes after 10 nights!!!

 

They say that how the hotel advertise their rooms has nothing to do with them.

 

I have replied saying under regulation 15 my contract is with them and no the hotel and it is for them to check correct hotel information.

 

NO compensation offered by Virgin. :que

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