Capquest/drydens hbos credicard and charges reclaiming

[dorabellaboo]

Hi All

 

I would be grateful for some advice as to how best to proceed , i will try and make a long story short

 

i got into a mess in 2006

joined a CCCS DMP

and paid the majority of my debts off,

 

tbh by 2011 I was exhausted by 5 years of living on the bread line,

most of my debts were paid off and there were a couple left with amounts owing which were typically made up of PPI and charges (no i didn't pursue a claim)

 

i gave up and nothing really happened apart from the odd threat o'gram. Stupid I know

 

I have been receiving the odd letter from capquest and ignored them

 

. today i got a ccj claim form for £9000.

This i think relates to a RBS credit card debt

. the card was taken out in 1995

 

at the date i started the DMP i owed £12k,

this escalated to £16k as they applied charges, interest and PPI charges for 4 years from the start of the DMP,

 

RBS only issued a default in 2010.

in total i paid £9K towards the debt and stopped paying in April 2011

 

so at best i owe them £3k but i do really want to dispute it on these grounds

 

1) they continued to add charges and interest even though they knew i was on and had accepted my DMP thus escalating the debt and the amount showing does not reflect what was actually owed

 

2) the issue of the original default does not reflect the date when i informed them of my financial difficulties and they accepted the DMP

 

3) Capquest are contesting under the name Lloyds banking group and I have not had any correspondence with or acknowledged any debt

 

my questions are

1) how do i dispute this

2) do i have any grounds at all or am i whistling in the wind

3) should i try and negotiate with capquest say offer them 2.5 K for what i think is outstanding - but i would need to pay over a year

 

i really dont want a CCJ as it could affect my future employment prospects

 

any help would be gratefully received

[oleg]

If it says Lloyds it's not RBS but it could be Halifax or Bank of Scotland. Better check your records.

Have you received actual claim from court? If So, type out particulars removing anything which might identify you.

Do not talk to Capquest.

[dorabellaboo]

Hi

 

Am sure it is RBS but will double check as i may have got mixed up with bank of scotland????

 

the particulars are as follows

 

 

the claim is for the sum of £9097 in respect of monies owing by the defendent on a credit agreement held by the defendent with

lloyds banking group

under account number XXX38L upon which the defendant failed to maintain payments

 

a default notice was served upon the defendant and not complied with

 

by virtue of sale agreement between lloyds banking group and the claimant, the claim vested in the claimant who has genuine commercial interest. the defendant has been notified of the assignment by letter

 

thanks so much for taking the time to help me, am at my wits end

[havinastella]

You need to send the CCA request to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[havinastella]

Moved to legal.

[dorabellaboo]

amazing - thank you!

 

i will send off tomorrow

[sytra]

CCA to Capquest, SAR to whoever is the solicitors on the claim form (unless capquest issued the claim themselves).

 

Solicitor isn't DrydensFairfax is it?

 

Also who signed the claim form, is it an actuall name or the name of solicitors.

[dorabellaboo]

Hi Thanks so much for your help, I am really greatful for your help

 

yes the solicitors are drysden fairfax and it is not signed by an individual it just says drysdens ltd t/a drysden fairfax

 

does that make any difference?

[sytra]

Technically a firm or company should not sign the claim form, it should have a real name. Civil Procedure Rules, Practice Direction 22

PD 22 3.10 "A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer"

 

I am not 100% sure how it will hold up as I am going through the same thing with them at the moment but as the claim form has been pleaded wrong, and Drydens were asked to replead but didn't, I am going to try and get a strike out or at least so that non of their claims can be used as evidence as per CPR rules. so far Capquest failed to respond to s78 request, Drydens and Capquest both failed to respond to CPR31.14 request, and Drydens failed to re-plead their case.

[dorabellaboo]

Thanks Sytra that is really useful to know , I'd be grateful if you could let me know how you get on.

 

All cca etc sent off today so the journey begins !

[dorabellaboo]

Hi all

Quick question sent my cca form off to capquest and according to Royal Mail they have redirected the letter ????? Should I resend ??

 

Sorry am just really worried as time is ticking

 

Thank you

[dorabellaboo]

just an update of where i am:

 

CCA sent to capquest and copy sent to DF solicitors

CPR 31.15 and section 18 sent to DF and copy sent to Capquest

SAR sent to BOS

 

all sent recorded all received have printed out confirmation and filed with letters (sent each one separately so they cant deny receipt )

 

I would be grateful if you could help with a couple of queries:

1) Timings: CCJ claim was issued on 18th Feb therefore i make the latest date for response 22nd March (28+5 = 33 days from date of claim) is that correct?

2) "chasing the CPR 31.15. I sent the letter on 24th it was signed for on 26th - do i count 7 days from postage or receipt? I am assuming i chase the solicitors in the first instance though i suspect they will have just forwarded it to capquest

 

3) requesting extensions I am assuming that i request the extension to defend my case from 14 days of the section 18 and CCA being sent? (again is that the date of sending or receipt) as i know this can take time

 

4) My defence I very much doubt they will have the signed credit agreement as this was issued in 1997 or 8 - i understand that they can in these instances send an unsigned updated copy am i right that i can refuse this as part of my defence ?

 

I want to get my defence up and running this weekend so I have time to prepare adequately. I am preparing on the basis that they will not have the paper work to prove the debt and how it has been calculated . I understand that i must refer to the key points of law so am proposing to draft as follows (will put into legalese over the weekend but just want to make sure I am on the right line)

 

1) That the particulars of the claim are vague and do not allow me to file a proper defence

2) i have had a relationship with BoS but did not enter into any contract with capquest

3) i cant defend the contract as one has not been supplied I have asked them for it and given adequate time but they have not complied as per CPR 31.15

4) the claiment has not stated when the contract started or how the sums have owed have been calculated

4) the claiment has not supplied documents reasonably claimed for and has yet to show proof of

a) that a credit agreement was entered into with capquest

b) how the sum owed is calculated

c) that they have been assigned the debt

 

does that sound right

 

thanks again for all your help - I am very grateful

[AndyOrch]

just an update of where i am:

 

CCA sent to capquest and copy sent to DF solicitors

CPR 31.15 and section 18 sent to DF and copy sent to Capquest 31.14?

SAR sent to BOS

 

all sent recorded all received have printed out confirmation and filed with letters (sent each one separately so they cant deny receipt )

 

I would be grateful if you could help with a couple of queries:

1) Timings: CCJ claim was issued on 18th Feb therefore i make the latest date for response 22nd March (28+5 = 33 days from date of claim) is that correct? Add 33 days to the date on the claim

2) "chasing the CPR 31.15.31.14 I sent the letter on 24th it was signed for on 26th - do i count 7 days from postage or receipt? I am assuming i chase the solicitors in the first instance though i suspect they will have just forwarded it to capquest.You dont chase anyone they wont respond

 

3) requesting extensions I am assuming that i request the extension to defend my case from 14 days of the section 18 and CCA being sent? (again is that the date of sending or receipt) as i know this can take time.No point requesting an extension why prolong matters and allow the claimant more time to not respond?

 

4) My defence I very much doubt they will have the signed credit agreement as this was issued in 1997 or 8 - i understand that they can in these instances send an unsigned updated copy am i right that i can refuse this as part of my defence ? They can supply a recreated in fulfilling their duties under section 77/78 but not for enforcement the original will be required for court purposes

I want to get my defence up and running this weekend so I have time to prepare adequately. I am preparing on the basis that they will not have the paper work to prove the debt and how it has been calculated . I understand that i must refer to the key points of law so am proposing to draft as follows (will put into legalese over the weekend but just want to make sure I am on the right line)

 

1) That the particulars of the claim are vague and do not allow me to file a proper defence. CPR 16 they have failed to plead a particularised claim but not a show stopper none of them ever do or are required to

2) i have had a relationship with BoS but did not enter into any contract with capquest.Pedantic the agreement has been assigned therefore you do now have an agreement with the claimant providing its lawful

3) i cant defend the contract as one has not been supplied I have asked them for it and given adequate time but they have not complied as per CPR 31.15 31.14 they are not required to supply any paperwork with the claim they will disclose later at standard procedure

4) the claimant has not stated when the contract started or how the sums have owed have been calculated Not required to at this stage

4) the claiment has not supplied documents reasonably claimed for and has yet to show proof of see point 3

a) that a credit agreement was entered into with capquest see point 2

b) how the sum owed is calculated see point 4

c) that they have been assigned the debt see point 2

 

does that sound right

 

thanks again for all your help - I am very grateful

 

Regards

 

Andy

[dorabellaboo]

Hi all

 

sorry to bother you all again but i am starting to get very worried as i am unclear what to do

 

my CPR 31.14 request is now 6 days over the due date for response, i have heard nothing from the solicitors or CAPquest.

 

Do I now contact them and request an extra 28days, I dont want to appear unreasonable but equally i dont want to allow them additional time. I have no idea how they have come to the sums owed, looking back at my records I have paid back the orginal default amount but this looks at face value that it is made up of interest, PPI and charges therefore I need the documents to defend my claim.

 

could you please advise me of my options

 

I am so sorry to ask again

[Mike_hawk]

Did you acknowledge the claim?

[dorabellaboo]

thank you for replying

yes I have until 22nd to file my defence

[Mike_hawk]

How did you run into financial difficulty........ overstretched budget, unemployment, ill health?

 

Do you have any written record of any requests to claim against or cancel the PPI element?

[dorabellaboo]

an ex partner ran up the debt but it is all in my name

No i dont have any records of asking for PPI claims or cancellation (although i am sure i did it)

[Mike_hawk]

The difficulty you are going to have is that the issue of PPI should have been addressed with the original creditor when you ran into problems....

 

Perhaps contact cccs/stepchange and ask it for all records it holds, if you explain your predicament it is usually quick to respond and does not always request the SAR fee of £10.00.

 

BoS on the other hand will drag its heels.

 

What to do in the short term?.......... I think if it were me I'd be lodging a complaint with BoS now regarding the missold PPI, you can do this using the complaint forms available on the FOS website. You don't need the figures to set the ball rolling, it is enough to claim that the insurance was missold between dates xx and xx. Whether it upholds the complaint or not it's the banks final response you need so that you can move the complaint on to the FOS.

 

Regarding the claim... the PPI and charges won't constitute a defence or [in this instance] a counterclaim without the joining of BoS and that could become very messy and very expensive. As a suggestion you may want to put the claimant to proof of its claim and drag the process out for as long as possible whilst you work on the PPI. There are numerous threads on here with defences which you could edit to suit your circumstances without making any admissions.

 

The claim is unlikely to be allocated a hearing before June so exhaust the time that you have in progressing your complaint with the bank.

[dorabellaboo]

Hi thanks again for taking time out of your sunday to reply

 

I have sent and email to Drysdenfairfax to request an extension to my claim. I think the only grounds i have for defence is the claiment of proof, The orginal agreement was taken out in 1997/98 and it has been bounced around since 2006 with the last payment through CCCS in 2011.

 

I will let you know if I hear from them, I will wait til wednesday and then call

 

many thanks again

[dorabellaboo]

I wonder if you can help again

 

Despite chasing by letter and email drysden fairfax and capquest have failed to comply with my CPR 31.14, section 18 and cca request . I have not even received an acknowledgement .

 

I want to defend on proof as they are unable to supply the documents would you advise that I continue to chase them for an extension or submit an n244.

 

I have until 22nd to submit a defence

 

Many thanks

[Mike_hawk]

There is no requirement for it to respond to a part 31 request at this time, certainly no harm in forcing the issue later in proceedings but at the moment it is purely a civil request for information

 

CCA request......... maybe it can't locate a copy, put it to proof of its existence within your defence. It could remedy the situation at any time, then again it may sit back for months and leave the case stayed until it can come up with something tangible.

 

I'd defend on the known elements of its case and file by the 22nd

[dorabellaboo]

low and behold i received a letter from DF on Saturday stating that the have are liaising with the assignor of the debt to get the information and cant at present comply. They state that they expect to have the information from lloyds by 25 April but cant guarantee that they will have a response by that date

 

they end with this paragraph:

"we would assure you that our file is currently on hold and that we will not proceed to request judgement against you until you have been allowed no fewer than 14 days to review our replies and to file your response to the claim accordingly"

 

Could i trouble you for more advice as i have a feeling that this is utterly disingenuous:

 

1) my understanding is that a defence to the claim can only be extended by 28 days - what do i now tell the court? Do i simply tell them that DF have put the file on hold and send them a copy of the letter and therefore it is stayed?? I dont want a judgement by default to be entered. My last date to submit is 22nd March (this could be their cunning plan)

 

2) OR do i risk go ahead and enter the defence anyway or will this look like i am not being reasonable? my understanding is that they should not begin proceedings with out the necessary paperwork being in place. it clearly states in their LBA that " we will, if necessary, show the court copies of your credit agreement and statements to prove our claim"

 

3) it is highly probable that they wont have the signed credit agreement as this was taken out in 1997/8 - without this am i right that even if a judgement is eventually entered it cant be enforced?

 

 

thank you as always

[AndyOrch]

You must submit your defence on time irrespective of their response.

 

Andy

[sytra]

low and behold i received a letter from DF on Saturday stating that the have are liaising with the assignor of the debt to get the information and cant at present comply. They state that they expect to have the information from lloyds by 25 April but cant guarantee that they will have a response by that date

 

they end with this paragraph:

"we would assure you that our file is currently on hold and that we will not proceed to request judgement against you until you have been allowed no fewer than 14 days to review our replies and to file your response to the claim accordingly"

Hmm someone at DF is having fun, believe it or not I got the exact same letter yesterday except i get till the 30th April for them to "maybe" get the info from Vanquis. I am getting my defence in this week, as far as i am concerned they have had since the beginning of Feb to get all the paperwork, if they have not got it by now then tough. So far they have failed to respond to s78, CPR 31.14 and also CPR18, even though I know they should have a copy of the agreement as it showed up in my SAR from Vanquis as being requested.