CapQuest / DrydensFairfax - County Court claim while CCA unresolved

[RoyG]

CapQuest bought a defaulted Halifax credit card account. The debt is real, but also contains a lot of penalties and late fees.

 

I sent their solicitors, DrydensFairfax, a CCA request. Six days later, they issued a County Court claim.

 

Subsequently they acknowledged the CCA request.

 

"We acknowledge receipt of your letter dated 15 October 2013 [the CCA request] and we note all your comments.

 

"As a result of your letter, we have contacted our client [CapQuest] to clarify the current position and seek their further instructions. We will write to you, further, once they have responded. We confirm that, in the meantime, the matter is on hold.

 

"We trust this resolves any immediate concerns but, if you do have any further queries, please let me know."

 

So they say it's "on hold", but the clock is ticking on the County Court claim that they should never have started in the first place.

 

I have made an acknowledgement of service. I need to put in a defence or they could get judgement in default.

 

Any suggestions?

[filrobbo]

Sorry miss read the post thought judgment had been made was waylade with kids.

Edited November 17, 2013 by filrobbo

[BRIGADIER2JCS]

As long as service has been acknowledged no action should be taken by DF, BUT check with DF that the claim has been stayed.

[Stigman]

I would also give Northampton County Court or whoever the Court is on the paperwork a telephone call Monday morning to also check the status of the CCJ.

 

DCA's and their Solicitors will tell you the moon is made of green cheese to get a CCJ judgement by default, whatever they tell you must also be backed up in writing, otherwise treat it is as just hotair and totally worthless.

 

Stigman

[citizenB]

Can you please let us know the

 

the date of issue of the claim and

 

what does it say on the Particulars of Claim.. the reason they have issued it.

 

Without this information, we are not really able to help you.

[RoyG]

CCA request sent to DrydensFairfax 15 October 2013

County court claim issued 23 October 2013

 

Particulars of claim (1, 2 and 3 below):-

 

1. The claim is for the sum of xxxx in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account number xxxx 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.

 

 

DrydensFairfax acknowledgement of CCA request dated 30 October 2013 (text above)

 

 

I entered an acknowledgement of service of the County Court claim online on 4th November 2013

[renegadeimp]

Make sure you acknowledge the claim form within the correct timelines, or they will get the judgement.

[Guest]

already acknowledged, and should be in time following deemed service?

[RoyG]

That's right - the ack has been submitted within 14 days of deemed service. Now I need to enter a defence before 28 days from service (25th November). The County Court don't know that DF started this action even though the CCA says they can't while I'm waiting for them to produce a "true copy" of the agreement.

[Guest]

if they don't furnish in time re cca request then can use that in defence.

also, could consider using cpr 31.14 and/or cpr 18? see the sticky threads re that. is it likely to be small claims? ie is it below 10k?

Edited November 18, 2013 by Ford