Summons Received via Capquest/Dryden solicitors for Halifax CC debt...help!

[Ingrid]

I took out a cc with Halifax some year ago. The monies owed ran up but I managed minimum payments for some time, however, my job and hours changed to the degree that, once I missed a payment I couldn't catch up. This was back in 2009 - I received letters from debt collection agencies on a weekly basis for a couple of months. Shamefully I didn't respond as, with only a part time job and a number of other smaller credit card debts I couldn't offer, what I thought would be, a reasonable repayment.

 

The debt was over £4,500 with monthly payments of almost £100 of which £70+ was interest. At the time I was only bringing home £550 per month working differing shifts in retail. I buried my head in the sand and the letters stopped.

 

Periodically, over the last two years I have received the odd letter saying that the debt had been sold on, had a couple of letters and then nothing else was heard. I changed jobs, taking a completely different career path, working fulltime, had a couple of health issues involving hospital stays and haven't given this debt much thought.

 

Anyway, a couple of months ago I received a letter from Capquest, I just filed it. Then I got one from Drydenfairfax solicitors, again I didn't pay much attention as I'd had similar. Then on Saturday 26/10/13 I received a county court summons for almost £6,000. Yes, I've been stupid, yes, I realise hindsight is wonderful, so I expect tut tuts.

 

I cannot afford to pay this amount in its entirety. I have spoken at length with my mother-in-law about it as she could see something was bothering me and she posed the question is it too late to offer Capquest a reduced sum in full and final settlement, what would be acceptable (she's prepared to lend me some in a bid to keep the debt within the family.

 

It's a shame neither of us could talk about this before!) or is there now no choice but to fill out the forms to the Court? I would only be able to pay a small contribution each month therefore it would take about 10 years for me to pay off, taking this debt into my 60's.

 

I'm really stuck as to what I can do - I'd obviously rather get them off my back and not have a CCJ. Would I have to make any full and final settlement via the Court, or would they stick me out for the whole amount (a large portion being interest and fees ) It's definitely keeping me awake. I've been working hard over the last couple of years to pay off the other debts and contribute to household bills as my husband's business hasn't been going as well as we had hoped.

 

Any advice would be appreciated as I am sorely tempted to phone Capquest or their solicitors but I don't know if that is the right thing to do as the Court is now involved.

Edited October 30, 2013 by Andyorch
Paragraphs added

[Ingrid]

Can anyone offer me advice as to whether it is worth my making an offer outside of court proceedings, or is it a waste of time?

I don't have the first idea as to what the procedure for defending is - how can I defend something that I know I owe, even if I don't have a sign CCA. What I do know is I took the card out many years ago with Halifax and it's gone through several debt collection agencies. I'd appreciate any help/advice.

[AndyOrch]

Hi Ingrid

 

The process....you have 33 days in total subject to how you want to respond (5 deemed served so 28 remaining...14 to acknowledge service and if defending another 14 to submit your defence.

 

 

You can do this on line using the password provided on the claim form once you have registered to use the service ..MCOL.

 

 

You state " how can I defend something that I know I owe, even if I don't have a sign CCA " Have you requested a copy of the Credit Agreement using a section 78 request?

 

Regards

 

Andy

[Ingrid]

Thank you for your response Andy

 

I still don't understand the defence angle! If I owe it how can I defend it?

 

Am I trying to prove that I don't owe what I didn't sign for, if you know what I mean.

 

I haven't sent in a request. I'll get on it.

[AndyOrch]

No one is suggesting that you dont owe it and CAG does not advocate debt avoidance.....by requesting a copy of the agreement (which you are fully entitled to by law) you are simply putting them to proof that all the relative paperwork and procedures to enforce the debt have been followed.

 

But to do this you need further time to gather your information to check...not just the paperwork but that the correct amount claimed is correct...whether it contains miss sold PPI whether it contains unfair penalty/interest charges.

By defending all you will get an extra 14 days to consider...you can always change your plea if you happy that the amount claimed is correct.

 

Two documents that you need to check by way of a CPR 31.14 request will be the Assignment Notice to Cappers and also if they retained a copy and proof of a valid default notice.

You will find all the templates required in the CAG Legal Library.

 

I assume you always check your bill before payment?????

 

Regards

 

Andy

[Ingrid]

I do check my statements, and have seen penalties added for late payment and/or overlimit.

 

I've tried accessing the templates but apparently I don't have the relevant permission.

 

I don't dispute that I owe the money, I was just wondering how reasonable they would be to an offer in f&f settlement as I'd like to take advantage of the offer by my mother-in-law. It's not often that she steps forward with an offer to help. I have managed to keep abreast of my other outstanding debts but this one was, unfortunately, too big for me to handle.

 

I shall definitely be asking for sight of a signed CCA though. And I shall be going through my statements again.

 

Thank you again.

[ims21]

This is a direct link to the library

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?403-CAG-Library

[AndyOrch]

" I don't dispute that I owe the money, I was just wondering how reasonable they would be to an offer in f&f settlement as I'd like to take advantage of the offer by my mother-in-law. It's not often that she steps forward with an offer to help.

 

Ingrid you can always speak to the claimant during this process and propose a F&FS........ring them.... ask for the Solicitor named on the summons and put it to them..... what they would consider to pull the claim?.Start low......retain all copies of attempted mediation but still proceed with the above as advised.

 

Regards

 

Andy

[Ingrid]

Hello again Andy

 

I have been through my statements since November 2008, the earlier ones are, I am sure, in the loft!

There are a few penalties for overlimit/late fees but at £12 they wouldn't be seen to be unreasonable, nor the interest charged over that time of £2,685.04, given that they seem to have stopped charging interest since October 2011.

I think I'm up the creek without a paddle regarding the Assignment Notice as Halifax wrote to me in July saying they were transferring to CapQuest (I have received about 20+ letters since 2009 from Halifax and various DCAs). In September I received a Pre Action Letter from CapQuest regarding the account purchased from Lloyds Banking Group (I'm not sure when it was transferred to Lloyds as it was originally with Halifax) At the beginning of October Drydensfairfax wrote to me under the Practice Direction-Pre Action Conduct, though the link they provided me with brings up an Error 404.

And, having just waded through all the statements and various DCA letters I have found that I have mislaid the front copy of the Summons with the Particulars of Claim on it - I now have 3 of the 4 pages sent to me. Best trot off and have a thorough search!!

Thank you for your help Andy. Feeling a bit peeved at myself at the moment!

[AndyOrch]

Well consider what I have stated ...I would at the very least still submit a section 78 request and defend all in the interim...this will allow longer for you to to try to agree settlement.

[Ingrid]

Phew! Found it! Fallen down the back of the drawer!

I shall submit a Section 78 request.

Another silly question - when I fill out the Claim Form, am I admitting to part of the claim or disagreeing in which case on what grounds am I disagreeing, and do I have the option to change my mind? Surely if I agree with it I have to pay all of it, which means I can't make a f&f offer to the Court if I get nowhere with the Claimant prior to the Court date.

I don't know what to do.

[AndyOrch]

Ingrid there is no need to complete the forms at all...you acknowledge on line using MCOL with the password provided on the claim form.You must register first following the instructions which then provides a username.

 

Once on line you just tick defend all ...no reasons ......anything less.... part admit part defend results in an automatic CCJ...this allows the maximum time to negotiate...I will tell you how to turn round or withdraw subject to your outcome.

 

Regards

 

Andy

[Ingrid]

I have submitted the section 78 request, which CapQuest should have received, and I have registered with MCOL and acknowledged service.

I feel very nervous

[AndyOrch]

No need ...that's what they rely on...if you don't challenge it makes their claim a walk in the park with the minimal cost.....bear in mind they will have bought your debt for 10p in the £ so they want a quick turn round profit:wink:

[Ingrid]

Okay, starting to panic now. Didn't appreciate how close the timeframe would be.

 

Summons dated 23/10/13 - 28 + 5 takes it to Monday 25/10/13.

S78 request dated 31/10/13, signed for 04/11/13. 12+2 days is imminent. Nothing from Capquest.

I only have until Monday, but I don't know what is now expected of me!! I could wait until Friday 22/10/13 if the 12+2 takes me to that date, but it leaves me no time to do anything (and I don't know what!) else!

I need my hand holding and guided through please! :-/

[AndyOrch]

You need to type out the particulars of claim (verbatim) less any identifiable data Ingrid.....no one can advise until they know what they claiming.

 

Andy

[Ingrid]

""1. The claim is for the sum of £X,XXX,XX in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Bank Group under account number *****, upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Lloyds Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Contact drydensfairfax solicitors on.........""

Edited November 22, 2013 by Andyorch
Identifiable amount removed

[AndyOrch]

In post#14 of this thread Ingrid there is a draft defence for the same claimant.......this is for an Overdraft so you will have to edit to suit a Credit Card.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?408342-2-x-court-orders-from-capquest

 

Have a go at drafting one suitable for your claim then post for checking.

 

Regards

 

Andy

[Ingrid]

Shoot! I think I'm done. In panic mode now and therefore completely confused.

 

The link you referred me to shows that they've submitted CPR31.14 requests, I've not!! What does that mean for me?!?!?

 

The debt they are chasing me for is for a Halifax account, so in the opening sentence it says "Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past", so strictly speaking that is untrue, as I've not dealt with Lloyds in this matter, if you get what I mean.

 

But probably biggest mistake of all is, I haven't written to their solicitors at any time since I received the Claim Form, just Capquest for the s.78.

 

I shall draft the letter and post here anyway.

[Ingrid]

Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past I am not aware or ever been

informed of any legal assignment of this account number to the claimant. (Is this true, as I have letters stating that the debt has been sold on, though obviously I'm not admitting this)

Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to

strict proof to evidence this breach. (Again, I have letters and statements showing default)

Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant

is put to strict proof to:

 

(i) Show how the Defendant has reached the amount claimed for.

(ii) Show the APR and interesticon used to calculate the amount claimed for.

 

On receipt of the claim form the Defendant sent a Notice served under Section 78 of the CCA1974, notice of assignment and a

statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on 04/11/2013. The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show Notice served under Sections 76(1) and 98(1) of the CCA1974

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a

claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit

Act 1974.

 

Until such time the Claimant can comply with my request for a copy of the credit card agreement/Notice served

under Sections 78 and of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief

as pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

 

 

Rgds

 

Thanks Andy, and apologies for getting panicky but this form has to be in on Monday. This doesn't then leave me with any time, should the s78 request be satisfied to then make an offer of payment, get it agreed and then organise for my M-I-L to withdraw the funds to then send on. I'm trying to take one step at a time, but it's not easy.

[Ingrid]

Whether it is the S.78 Letter Request date, or the Signed For date, the 12+2 date has now come and gone (though my luck says it will turn up tomorrow). Anyway, I really do need some help as I don't know what to do next-33 days is up on Monday :|

 

I also presume that, in order to get any response to the Court by Monday I'm going to have to send it by Registered Post, which would mean sending it Saturday for Monday, as if I send it tomorrow there's unlikely to be anyone there on Saturday to sign for it?

Edited November 21, 2013 by Ingrid

[AndyOrch]

You opening paragraphs need a bit of work Ingrid...but we can sort that tomorrow.......why are you bothering with post ..when you can submit it on line in a flash and free and secure?

[Ingrid]

Hello Andy, thank you for replying. I waited up for you-I didn't realise what a night owl you are!

 

You help is very much appreciated-I didn't realise I could submit the actual claim online too. Think that comes from being a dinasour - everything's done on paper and signed!

 

I look forward to hearing from you-in the meantime I'll try not to worry toooooo much

[AndyOrch]

Not exactly a night owl Ingrid ...only time available to get on line at the moment

 

Particulars of claim

 

1. The claim is for the sum of £x,xxx,xx in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Bank Group under account number *****, upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Lloyds Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Contact drydensfairfax solicitors on.........""

 

 

####Defence####

 

Paragraph 1 is accepted that I have had credit facilities with Halifax Building Society.It is admitted that I was unable to maintain payments due to financial difficulties due to the extortionate interest being applied monthly.It is denied that I have any agreement with Lloyds Bank Group

Paragraph 2 is denied with regards to the Defendant being served a Default Notice from either Hallifax/ Lloyds Banking Group

Paragraph 3 I am unaware of any assignment between Halifax/ Lloyds Banking Group and the Claimant I am unaware of ever receiving a Notice of Assignment from either party and the Claimant is put to strict proof to:

 

(i) Show how the Defendant has reached the amount claimed for.

(ii) Show the APR and interest used to calculate the amount claimed for.

 

On receipt of the claim form I served a Section 78 request on the claimant, on which the basis of this claim relies upon.This was signed for by the claimants solicitors on 04/11/2013. The claimant has yet to comply.

 

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit

Act 1974.

 

Until such time the Claimant can comply with my request for a copy of the credit card agreement it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Check for accuracy and edit to suit once you are happy with the above copy and paste into MCOL and print your receipt as proof of submission.

 

Regards

 

Andy

[Ingrid]

Four months on I had dared to wonder what was happening, and yes, just had a sizeable envelope drop through the letterbox from Drydens, containing my signed agreement and copies of statements. I have been asked to respond to them with a repayment offer within 14 days or they will apply to the Court to remove the stay of execution. Um, I'm not sure what to do. They are well outside their 14 days, but they now have supporting evidence.

 

I really would appreciate your advice.