Capquest Claim Form old LLoyds Credit Card

[kiani53]

Hi everyone

 

I have received a Claim Form from Capquest,

 

the claim form was issed on 18/2/2014.

 

The claim form says it is for an old credit card balance with Lloyds banking group that is about 5 years old.

 

Back in 2009

i requested a copy of my consumer credit agreement under section 78 of CCA 1974.

 

Lloyds did reply to me after a month,

the agreement they provided a standard agreement that had not been signed or dated by me.

 

I can attach a copy of what Lloyds send me if needed.

 

I would like to know

 

1) Is the account still in dispute as the correct information was not provided under section 78 of CCA 1974.

 

2) Do i need to make another request for my credit agreement to Capquest.

 

3) how do I defend the Claim by Capquest.

[dx100uk]

hi ya

 

firstly register on MCOL

 

and then login and ack the claim

 

defend all

don't tick the jurisdiction

 

.......

 

yes send capquest a CCA request

and a CPR 31:14.

 

when was your last payment or use

 

dx

[kiani53]

Hi dx

 

Last payment was on 12/5/2009

 

How do I make a CPR 31:14?

 

thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

can you please type out the EXACT wording of the PoC

 

if this was taken out prior to apr 2007 they will need a copy of the SIGNED CCA me thinks.

 

dx

[kiani53]

POC

 

1) The claim is for the sum of xxxxx in respect of monies owing by the defendant on a credit agreement

held by the defendant with lloyds banking group

under account number xxxxxx 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

 

 

contact drydensfairfax solicitors on: 0113 823 3430

[dx100uk]

what date did you sign the agreement

take the card out?

 

dx

[kiani53]

Hi

 

it was around 2001 maybe earlier

 

 

Kiani

[dx100uk]

ha watch them try and get a signed CCA for that!!

 

dx

[kiani53]

Hi

 

i'm not sure what you mean.

 

but is that a good or bad

 

kiani

[dx100uk]

they MUST have a signed CCA to 'win' this.

 

and a valid default notice

 

and

 

a notice of assignment.

 

send them a CCA request

 

and a CPR 31:14.

 

dx

[kiani53]

Hi

 

I have done the cca request, but am not sure on how to do the CPR 31:14

 

kiani

[dx100uk]

print it

 

post it.

 

dx

[dx100uk]

ah links not working sri.

 

top left green library tab

legal section

 

dx

[kiani53]

Hi

 

CCA request and cpr 31.14 have been sent and received

 

kiani

[kiani53]

Hi

 

i got a reply to my request for CPR 31.14

 

It says

 

 

we confirm receipt of your request for documentation made under part 31.14 CPR. we also note that you have requested sttements of the account.

 

we have relayed your request to our client and are awaiting their responce.

 

our file is on hold pending our client's reply

 

we will allow you 14 days from the date on which we reply to you for you to review the documents and respond accordingly. your immediate response to the proceedings is therefore not required.

 

I have still not had a responce on my cca 1974 request

 

Should i still file my defence or wait ?

 

thanks

[dx100uk]

you file regardless

 

Default notices, litigation and section 127(3) of the Consumer Credit Act

July 2010

For a creditor to enforce a credit agreement against the debtor, he must serve the latter with a default notice, this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

Generally, the prescribed form of a default notice according section 88 is as follows:

"The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid."

Section 127(3) of the Consumer Credit Act 1974

Should the debtor be sued for the outstanding amount, it may be open to the debtor to raise an argument that the agreement is unenforceable because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

Regards

Andy

[kiani53]

Hi

 

can you advise me on what i should put in my defence

 

thanks

 

kiani

[kiani53]

Hi

I have still not had a reply from capquest for my CCA request or my CPR.

 

What do i do as i have to file my defence my tomorrow, and am not sure what to do

 

thanks Kiani

[Guest]

best get a defence in on time, so as avoid any poss default judgment.

use the no accurate response to cca request in defence

also mention briefly no further response to yr reasonable cpr request.

also, any default notice non compliance. put them to proof re compliance.

plus s127 as mentioned.

have a read round similar claim threads re defences used. adapt to suit. if poss, post up yrs before submission for any comment.

anything else?

any missold ppi? unfairness?

[kiani53]

[ATTACH=CONFIG]50178[/ATTACH]

 

Hi I recieved some paper work from Drydens yesterday.

 

Can anyone help me establish if this is a valid credit agreement under CCA 1974 ?

 

Thankyou

 

Kiani

[dx100uk]

you'll need to pdf attachments

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[kiani53]

Hi

 

I have attached a pdf version

 

Hope its worked

 

Kiani

[dx100uk]

wheres the T&C's?

 

dx

[kiani53]

Hi DX

 

They did not send any t&c.

only the page i attached

 

kiani

[dx100uk]

a cca request should include T&C's from the date it was taken out

and a statement of account