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

[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

[dorabellaboo]

amazing - thank you!

 

i will send off tomorrow

[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?

[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

[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

[dorabellaboo]

thank you for replying

yes I have until 22nd to file my defence

[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)

[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

[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

[dorabellaboo]

Hi All

 

thanks to the amazing advice given on this forum I was able to successfully defend and win a case against capquest on a HBOS Credit Card:-D

 

my question is as part of their claim they submitted 6 years of cc statements (2006 -2012 when the account was passed to the DCA despite me being in a DMP) which showed charges including default fees (£12) and letter charges (£25) can i now claim these charges back ?

 

many thanks for taking the time to read my post

 

DBB