CCJ claim for rec from capquest and optima legal from northampton pls help

[angel_1]

Hi all long time I know my apologies hope all are well - im better today and need to address this issue as not been well past few weeks, so im hoping im not late in dealing with this today understand that 25.10 rec plus 5 days for delivery is 30.10 then 14 days to acknowledge which is then 13.11.13

 

I received a claim form from northampton CC DATED 25 OCTOBER 2013 and would be really grateful to get some advise on how to proceed. I have had some financial issues and due to depression a few years ago and debt spiralled out of control, loads of late charges/int applied via various creditors when I was struggling to keep my head above water and I just tried to deal with stuff as I tried to get better too. I had tried to get my paperwork together to start addressing stuff but somehow ive not really addressed anything to a full ending,

 

The claimant is Capquest for amount over £4 for an old credit card (Lloyds banking.

 

SOLICITORS are Optima legal. I've NOT checked my CRA for a fair few years so unsure of any default when - I am looking to see if in the past I have requested info but cant lay my hands on it at the moment but I recollect I may have last paid something around 2008 and there were before that time a few late charges etc and fees/interest etc applied to the account with took me over my credit limit and further and further into debt, and I haven't been in correspondence with them at all.

 

I believe I may have received a letter from Optima legal in mid Oct attached which was threatening legal action, but im not sure where it is at the moment. Have now received the court papers.

 

I understand I can the do the AOS online and send a CPR 31.14 request to the SOLS giving them 7 days to respond to see what they come back with. In the CPR request I was going to ask for true copies of the following

 

-the credit agreement

- NOA

- Default notice

- Full statement of account - itemising all interest & charges from the commencement of the alleged debt

 

Any further advice should I be asking for please?. I m not sure how to flipping scan docs at the moment but will attempt to try later Cheers angel x

Edited November 11, 2013 by angel_1
see post 2 for the particulars of the claim

[angel_1]

NORTHAMPTON (CCBC) County Court

 

 

Claim no xxxxxxxx

 

 

Issue Date 25 Oct 201

 

 

 

 

 

 

Particulars of claim

 

The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 wherby LLOYDS BANKING GROUP original creditor provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assisgned to the Claimant. The claimant therefore claims the sum of £xxxx plus costs. The claimant has complied with Sections III and IV of the Practice Direction on Pre-Action Conduct.

 

 

=========

 

 

signed OPTIMA LEGAL SERVICES LTD

[angel_1]

hiya all having looked around other threads do I understand correctly that I could also reqest a copy of the cca with the 1.00 fee a post office money order and send that to the Claimant in this case is it Capquest and not optima legal as they are the named sols and address is different to the capquest -

but send this also to them in a separate envelope registered or recorded delivery - and the CPR request also goes where to the claimant or sols? sorry mental block now ,,,,

be back later to check on, I think I do need to acknowledge the claim at least this eve and also get the letters done for posting tomorrow - what do you guys recommend cheers angel x

[slick132]

Hi Angel,

 

Acknowledge the claim online within the deadline stating your intention to defend the full amount.

 

Send your CPR31.14 request to Optima requesting sight of the required documents that you refer to in post #1.

 

Tell us roughly when the a/c was opened and whether by a written application, online, or what.

 

[angel_1]

hiya slick,,, just gone to ack online and its saying I need to input the mcol acc info - if I cant find today - have re registered but of course its now asking me to enter the passcode which has not been entered on the claim form, maybe missed in error I will call the court when opens and check on this - I hope I can just fax them today the acknowledgement instead of doing online x

 

 

have done and being faxed to them today and will check with them tomorrow that its been rec ok, and done letters too cheers for your help as always,

 

 

will update you later on other stuff, x angel

 

 

you asked the question how long ago, I believe now from what ive found its been a very long time thus I m guessing at least 2002 to 2005 and it was not an online but maybe in the bank completed some kind of cca,,, but will delve more in my paperwork and see what I can find.

Edited November 12, 2013 by angel_1

[slick132]

Good, as long as the Acknowledgement goes in on time, you then have time to defend as best you can.

 

Maybe get the defence prepared and ready to submit without getting so close to the deadline.

 

[angel_1]

hiya slck and all,

 

 

not received anything at all, and just recovered from a chest infection so now need to get this defense it but what the hell am I going to say, ? I don't even know what to say pls help, will log in later I appreciate your guidance as always cheers x

[angel_1]

Hiya all looking to see if i can put in the defence similar to what i did on the last one you helped me with slick but really am unsure im cross with myself ive become ill snd ran out of time to do anymore than i have will have a bit of a read around see what else i learn tonight catch up laters angel x

[slick132]

Hi Angel,

 

Here's a link to a Defence with Andyorch's comments added - http://www.consumeractiongroup.co.uk/forum/showthread.php?391771-County-Court-Claim-Form-Loan-From-HSBC-MKDP-LLP-Claimant&p=4244683&viewfull=1#post4244683

 

You can adapt and use this if you have nothing else to work with. You can also refer to your previous Defence(s) and include anything useful.

 

The main thing is to carefully adapt any Defence to properly reflect YOUR case, with regard to the Claimant's PoC's and your circumstances.

 

Make sure you do not miss the deadline to file the Defence with MCOL.

 

[angel_1]

Thanks so much slick have to fax it tomorrow so will tweek as best as i can and lets see if any interesting things or do the actually have any have the correct paperwork - do i just then wait on the court and see if anything else turns up in the post ? Will update u asap with any info cheers angel x

[slick132]

Get the Defence in on time.

 

After that, we'll see how Optima play it re documents, etc.

 

[angel_1]

Get the Defence in on time.

 

After that, we'll see how Optima play it re documents, etc.

 

 

Will do i appreciate your help cheers angel x

[angel_1]

hiya all a bit of an update - well did get my defense in time and then got a letter from the court to say that the claimant had 28 days to respond and as yet still not had any other letter or documents from either capquest or optima legal or the court, think xmas day is the 28 days - so does this mean if I don't get anything it is likely to be stayed? or would it be worth me considering mediation at any point? read on another thread is it worth doing that before allocation?

 

 

as always cheers any other info received will update immediately, angel x

[Guest]

if they don't respond to the court within the 28 days from their receipt, then it will be auto stayed.

negotiation can be done at any time.

small claims? if they respond to continue, then there should be the 'formal' option of the small claims mediation service to opt for.

did you end up doing a formal 'cca request'?

Edited December 18, 2013 by Ford

[slick132]

Hi Angel,

 

The ball is now firmly in the Claimant's court.

 

Wait and see if they want to proceed. Then decide how to deal with it ...............

 

In the meantime, I hope you can enjoy Christmas.

 

[angel_1]

hiya all, still no information received from them, so taking your advice to see how they decide to proceed, but will it be automatically stayed now that it has lapsed the 28 days that the court advised me of at the end of nov, ? what does this actually mean for me, do I just leave alone ? or what if any decent options do I have, as my concern is if this reaches the 6 years date, will this ccj attempt foil that to be statute barred? does it mean the clock starts ticking again or not?

 

 

anyway mad questions at this time of the eve so sorry off to deal with the fresh one that has arrived recently lol, have a good 2014 if I don't manage to log in tomorrow x and sorting out my paypal account to send a donation too. ciao for now angel x

[slick132]

Hi Angel,

 

It may be that the court will allow a fews days leniency for the xmas and new year hols.

 

If the sol'rs do nothing, the case will be stayed and, in due course you may do well to apply to have the claim struck out, rather than leave it stayed.

 

Have we discussed the date when you think you last paid toward the a/c here, to check about it being too old ?

 

[angel_1]

hiyaAAAAAAAAAA SLICK

 

 

 

 

yes totally understand will wait to hear lets hope its stayed and yes I agree in due course to get it struck out rather than let it be stayed, learning from my past lapses, ie the marks and spencer tomlin order and will get back to you on the times and stuff done so we can see what can be done on that one too, this one though last paid im guessing but will have info to look back on in the garage, I think was oct 2008 or oct 2009.

 

 

anyway will look at this further end of this week, if any letters arrive will update the thread of course, cheers angel x

[slick132]

Ahaa, the famous "Garage" where all sorts of mysterious papers lay hidden. Perhaps when looking for old papers in there one day, you'll find an old Ming Vase worth ££loadsamoney!!!

 

In the meantime, if the a/c was last paid towards in 2008/09, it's not going to be Statute Barred for a the next year or two. However, it would be good to find all relevant papers in the garage so you know for sure about each debt.

 

HNY