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

[AndyOrch]

This is what happens when you dont come back for advice Ingrid...now if you had of posted in Nov 13 stating that they were 14 days late we could have struck it out.You have allowed 5 months to pass and allowed them time to get up to speed.

 

Regards

Andy

[Ingrid]

Oh. I'd presumed the Court would do it.

Very expense lesson.

 

Thank you for your help though.

[oleg]

Ingrid You unfortunately seem to have taken a rather flippant approach to this debt and now it has come back to bite. However, all may not be lost.

If the agreement was pre-2007 the original, not a copy, is most likely needed for enforcement to succeed and it should be "compliant". And are you sure it is the agreement itself they have sent, or just an application form?

If you scan and post up what you received asap, peeps here may be able to assess its compliance for enforceability.

For your part, you can ask whether they have the original or are relying on only a copy.

[Ingrid]

This is the initial acknowledgement from the Court to my defence. I think I got confused over the first paragraph which suggests that the Court would inform me of what will happen. I checked mconline and, again, there's only an acknowledgement.

I didn't realise the onus was on me to pursue it.

[Ingrid]

Drydens letter and photocopy of agreement

[AndyOrch]

Cant read any of the above Ingrid all uploads must be PDF format.

[Ingrid]

I'm going to have to scan them at work tomorrow

My home scanner just isn't allowing me to.

[oleg]

Tick tock Ingrid tick tock

If no joy at work tomorrow go to internet cafe or library: if library, book pc *with scanner* in advance cos may not otherwise be available.

In the meantime, out of interest, does it look like an agreement to you or just an application form?

[Ingrid]

Work's machine will definitely work. I do have a pdf button on my home machine but nothing happens when I press it.

It does, unfortunately, look like the agreement. Believe me Oleg, I have been having sleepless nights over this and no-one is giving themselves a harder time than me.

[oleg]

We've all been there, Ingrid, but believe me, it just ain't worth it. With respect, you probably made matters worse by not taking things seriously earlier, but hey ho, the past is passed and we try again.

Pls get some good sleep. Don't count DCAs or scanners, stick to sheep.

[Ingrid]

Ostrich syndrome Oleg. Once I'd missed a couple of payments early on on this debt, with the amount of other cc payments and severe lack of income at that time, I was on a hiding to nothing. The smaller debts I felt I could manage. But this one's not going to go away. I don't understand the Court system and have been kicking myself hard since I learnt that I should have contacted the Court myself. I truly believed that they would contact me had Drydens not responded within the 28 days.

[oleg]

The sad reality is that much of the Court system is opaque and Common Man / Woman is brushed aside and left bewildered. It is truly shocking that when proceedings are issued they don't supply more brief "What happens next" guidance notes.

Debt purchasers are aware of our ignorance and profit on our misery. Shamelessly immoral.

Happy scanning today. I may not be around later but I'm sure others can review your docs, especially checking enforceability - or lack of [we hope!].

[Ingrid]

I hope this works!

[AndyOrch]

Hi Ingrid

 

Well the agreement is questionable ..... it does not contain all the prescribed terms also your signature is not within the the prescribed terms of the agreement nor is there a link to connect the T&Cs with the agreement.

 

They have still to disclose a Notice of Assignment also.

 

So its your call.... if you think you can argue the merits of my points above in front of a court you ignore their letter if not you can approach them to try to settle this by way of a Tomlin Order and affordable repayment plan...this will will avoid a CCJ and put you back to pre litigation.

 

You had 14 days in which to decide...if they proceed to Summary Judgment they may well attain success unless you can throw any other argument into the ring.

 

Regards

 

Andy

[Ingrid]

Hello Andy

I deleted my signature, which is alongside the date on the second page of the agreement (if that's what you are referring to)

What is a Notice of Assignment - I shall check to see if that is within the paperwork they sent me.

Also, what is a Tomlin Order?

Also, should they proceed to Summary Judgement what happens?

Please accept my apologies for the questions. I feel I have let you down as you have been so helpful, and I just totally didn't follow it through, not for just one reason, but that really is no excuse.

[AndyOrch]

I see therefore it is enforcable...a notice of assignment is when the claimant purchased the debt from the original creditor.

A Tomlin Order is a consent to stay the claim subject to you agreeing the schedule of the terms and agreeing a payment plan.Its probably the next best outcome that you could hope to achieve now.

 

Regards

 

Andy

[oleg]

Edit: cross posted. Wrote this not knowing Andy had picked up. Sorry

 

 

Hi again Ingrid

 

I can't stick around now so this just a brief visit. I'm sure Andy will be back before too long.

 

Any time you meet a term like Tomlin try the library or search box before enquiring here: it will often answer your question.

 

Don't let thoughts of court deter you if you feel your case has merit and you would want to fight. Half the trick is to construct a solid well argued written defence.

 

I'm writing from phone and can't see your attachments so I can't at present add to Andy's comments on the agreement you've been sent.

[Ingrid]

My husband has just posed this question:

 

"As I understand it Drydens had 14 days to come up with the signed CCA, which they didn't do. Almost 5 months later they write saying that they have the signed CCA and are asking for offers of payment. They have not gone to the Court at this point, asking for the stay to be lifted as yet.

Can we not write to the Court now and ask for the claim to be struck out before Drydens apply for the stay to be lifted, ie is there a time limit on asking for it to be struck out.

Surely if they were confident of a win they would have gone to the Court to ask for the stay to be lifted rather than come straight to my wife to ask for payment."

 

I understand what he means, inasmuch as they had 14 days to provide the proof, they didn't. They are the people who deal with this every day but didn't follow procedures.

[AndyOrch]

Yes you could but it would be pointless as they are now prepared......stable doors horse bolted spring to mind.Yes you are correct they have only intimated their intentions at this stage but that is purely to save costs and court time should you wish to settle and is expected by the court.

 

Regards

 

Andy

[Ingrid]

I thought so, hubby just thought it might have been worth a go given that they weren't compliant. So it's also not worth asking if they have a copy of the original agreement then? I suppose it's just dragging out the inevitable. Hubby is still telling me I should write to the Court asking for is to be struck out, but I suspect they will contact Drydens who can argue that they won't allow it. Would that be right?

 

I'll apologise now Andy, for not taking your advice - you have helped me with the best of intentions, and I feel I have let you down too. I really wished I'd understood more about the striking off, but I didn't.

 

Anyway, back to the next step! Do you think they'd accept a f&f settlement, and what sort of amount do you think they'd accept (I have already mentioned my m-i-l has offered in order to help me) Same with a monthly payment too, as I don't want to offer more than I can realistically afford.

[AndyOrch]

Why are they not compliant? Of course they will object to your application to strike out...they have now you... allowed them to....so a waste of £80.

 

You really need to approach them now and start the ball rolling on negotiation...suggest a payment plan that is realistic and affordable if they are not interested in F&FS.

If you can get a Tomlin Order in place it will avoid a CCJ and maybe costs subject to your negotiation skills.

 

Regards

 

Andy

[Ingrid]

On a debt of £6k what would be a realistic offer of settlement? Do I only get one shot, they throw it back at me and ask the Court to remove the stay?

Basically, I'd have to borrow from a family member and funds would be limited (I have no savings of my own) How negotiable at these people?

[AndyOrch]

Depends if you are considering a F&FS or a monthly payment plan...I personally would go with the second option and offer £30/45 per month.(if affordable)

They all vary Ingrid but they all have one thing in common...greed.So some would jump at say 60% as a F&FS as its cash up front were as monthly is payment on the drip and they did not buy your delinquent debt to be paid on the drip.

 

The important thing is to negotiate a good deal that is affordable and avoids a judgment (preferably without costs)

[oleg]

How negotiable they are depends on their assessment of your financial situation, so it's hard to judge where to pitch any offer you may make.

.

Could you please keep us informed as to how this all pans out, even if you don't need further advice? People as you know read threads to learn of others' experiences and it's always a shame when they end with no ending.

.

I'm sorry that you look like having to pay Capquest. I loathe them for some of their tactics. It's such a pity that you gave them chance to manoeuvre against you.

.

Best of luck with the negotiations.

[Ingrid]

Okay, thank you! So I shall be putting together an offer letter this weekend, sending it out Monday. Do I just make an offer, or do I have to detail my income/monthly expenditure to back the offer up?