Capquest/? claimform - LLoyds Credit card 'debt'

[fishfood1]

i,

 

I am new to all this, think ive posted in the right place.

 

I have received a court claim from capquest yesterday and its dated 28/2/2014.

 

its a Lloyds credit agreement for the sum of £6188

I am really not sure about this debt.

 

..Ill start at the beginning: I split with my husband and left the marital home that was in april 2009.

we did bank with Lloyds and we had an over draft and a loan

but I thought that had been paid I really have no recollection of it.

 

I walked away from everything I had and started again.

 

I am on speaking terms with my husband (we are not divorced yet) and

yesterday when I dropped the children off he handed me the letter

it had gone to the marital home address.

 

I just went sick as I don't recall any agreement.

I asked if any other correspondence had been sent there for me and he said no.

I have not been at that address for 5 years now so I am totally clueless as what to do.

 

the particulars box on form has an agreement number and states its Lloyds and a date it was passed.

 

the acting solicitors are HL and the signature is typed.

 

really hoping for some help as it seems I have till next Friday if im right which is to register the claim

 

i cant think straight i don't want a ccj against me as i want to go on a mortgage with my new partner.

 

many thanks

[unclebulgaria67]

You have 5 days (to allow for service) and a further 14 days to acknowledge the court claim from the 28/2/14. So you have to do the acknowledgement by 18/3/14. It is best if you say that you will defend the claim in full, because you don't have the information you need to defend the claim at the moment.

 

You need to send a CPR 31.14 letter to HL Solicitors asking for copies of all documents referred to in the particulars of claim on the claim form. e.g Agreement, default notice. http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

You also need to send a CCA letter to Capquest, with a £1 postal order being the statutory fee due. Letter link here.

 

Send both of these letters by recorded delivery, as you will need proof of sending and them receiving them.

 

You should also send a Data Protection Subject Access Request (SAR) to Lloyds for all of the information held on the account. In particular you should ask for copies of all statements of account, as well as copies of all other documents available and any data available. If you click on Subject Access Request, you will see the letter you need and don't forget to send Lloyds the £10 fee that would be due to them for dealing with the request.

 

There is time for HL/Capquest to supply the info requested, but you may not get the SAR info from Lloyds, as they can take up to 40 days to deal with these. If you did the acknowledgement on 18/3/14, you would have a further 14 days to submit your defence.

[unclebulgaria67]

Try not to worry too much at the moment, as you have some time to get the information you need. There will be questions about this debt, which you may not be able to answer at the moment.

 

It would help if you could type up the particulars of claim showing on the claim form, without revealing any personal info. You should not really quote any exact debt amounts, as debt companies do read posts on CAG.

 

Was this an overdraft & loan ? Or did you have an overdraft, which Lloyds converted into a loan ? When did you take any loan with Lloyds ? When did you last make any payment to Lloyds or any owner of this debt ? Have you ever written to anyone about this debt ? You say that you have never received anything in the last 5 years, but would Lloyds have known your up to date address ? Was the overdrawn account and loan in your sole name or were they joint with your ex ?

[silverfox1961]

Hi and welcome to CAG.

 

I am going to move this thread to the legal issues forum where you will get more help.

 

This is purely administrative and you need do nothing

[silverfox1961]

That is done.

 

I am assuming this is from MCOL so you can acknowledge the claim online.

 

You have 33 days in total to file a defence.

5 days for delivery to you

14 days to acknowledge

14 days to file a defence.

 

Can you post up the Particulars of Claim but without names, account numbers but include the amount.

 

Please bear in mind that the weekends are quiet so you may not get a reply just yet.

[silverfox1961]

I have also done a tidy up as you had 3 threads going. Please carry on posting here.

[citizenB]

Your timeline is

 

Issue date - 28.02.2014 + 5 days for service = 05.03.2014 + 14 days to acknowledge = 19.03.2014 + 14 days to submit defence = 02.04.2014.

 

Have a read of the link below and provide any information you havent already

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(1-Viewing)-nbsp

[fishfood1]

hi

 

 

thanks for the reply,

 

in the poc, it says:

monies due under regulated credit agreement number xxxxxx,

between Lloyds banking group and the defendant the benefit of which was assigned to the claimant on 28/2.

 

the agreement terminated upon the defendants failure to comply with the terms of the agreement.....

...then gives me a number I can call to make payments or queries which is to the claimant.

 

there was an overdraft but according to my ex-husband that is in his name.

 

I am sure it was a joint account (current account)

I have not seen or heard anything since I left the property 5 years ago.

the last time I would of used Lloyds bank would be 5 years ago

 

I walked away from the marital home and thought everything I had was upto date

I have never written to anyone as I am unaware,

this was a total shock for me when he handed me the letter on Friday just gone.

he says there has been nothing arrived at the address

 

I assumed my ex took over the account when I left and I just banked elsewhere from then on.

 

its very hard not to worry, I had a very difficult spilt and a lot of stress etc....

. so this has hit hard as its a big sum to me

 

thank you for replying and

 

when I go for a postal order do I have to sign it and does that go for Lloyds too?

 

 

 

thanks

[unclebulgaria67]

hi

regulated credit agreement number xxxxxx, between Lloyds banking group and the defendant the benefit of which was assigned to the claimant on 28/2.

the agreement terminated upon the defendants failure to comply with the terms of the agreement........then gives me a number I can call to make payments or queries which is to the claimant.

 

the last time I would of used Lloyds bank would be 5 years ago

 

I assumed my ex took over the account when I left and I just banked elsewhere from then on.

 

when I go for a postal order do I have to sign it and does that go for Lloyds too?

 

 

It mentions credit agreement which appears to relate to a loan. I think some of the banks did offer to convert overdrafts into loans, so this is a possibility. If there was a joint account, both would have had to sign this. Is there a possibility that your ex husband signed up for a loan in joint names, without you knowing about it ? If there is this possibility, perhaps your ex has had correspondence which they have not admitted to. Why CapQuest/HL are taking you to court, I don't quite understand.

 

Although the particulars of claim don't mention a default notice and only a credit agreement, I think in the CPR 31.14 letter to HL Solicitors you could ask for a copy of any default notice or termination notice, as they do say there was a failure to comply with the terms of the agreement.

 

In the CCA letter to Capquest, you can just send them a normal postal order for £1 made payable to them, which you sign.

 

It is up to you whether you send Lloyds a £10 postal order or cheque for the subject access request. Because of the extra cost which I think would be £1.25 on a £10 postal order, you may decide to send a cheque. Many people don't want to send a cheque to a debt chaser like Capquest because they would not want them to know their banking details, whereas Lloyds have sold the debt, so they are not interested and won't pass on such info.

[dx100uk]

if it says regulated credit agreement

then this must be a card or a loan that was with Lloyds

 

poss go get your credit file?

 

see below.

 

make sure all your addresses show too.

 

dx

[AndyOrch]

Overdrafts can also be referred to as regulated credit agreements...as this is an assigned debt lets face it CQ wont have a clue either....claimants particulars are not always reliable...

some state its a Credit Card when its a Personal Loan other state its an Overdraft when its a Personal loan etc etc

 

The clue is in the account number and then again that may have changed on assignment.

 

Regards

 

Andy

[fishfood1]

hi

 

thanks for the reply

 

right, i have had a good route around and i have found a letter with the same agreement number,

it seems to be a loan,

 

there is no statement or other details of the agreement so i assuming it is a loan.

 

its saying back in 09 i agreed to pay x amount for so many months.

 

i know this sounds odd but i really cant remember this debt or the letter.

 

my ex-husband would not of signed for a loan.

it was a joint current account

there was an overdraft of x amount the ex is sorting that side of things ( its not the overdraft as the amounts are totally different)

 

I still dont know why i never paid any of the amounts or if i settled anything with them.

 

I am not sure what to do now

 

should i still defend the claim in full as i really need to know what the original amount was for and why no correspondance was sent.

 

I have tried to get a credit report but will need to call them as they cannot verify my details .

 

sorry not replied sooner only i have been on nights

 

many thanks for helping me

[dx100uk]

you defend all regardless - else you'll get a CCj by default.

 

dx

[fishfood1]

hi

 

I am doing the CPR 31.14 Request what is the case no. I fill in and im sending this to the solicitor named on the claim do I make the postal or payable to them or the claimant?

 

 

thanks

[fishfood1]

hi

 

do I type my full name out on both letters for the signature cpr31.14 and cca

 

thanks

[dx100uk]

yes

 

fee for CCA is £1 BLANK PO

 

dx

[dx100uk]

case number is the claimform number

[fishfood1]

hi dx

 

 

thanks

sorry for sounding dim

 

but is it made payable to CQ and do you sign a PO,

so your saying to leave those both blank,

 

I not up to date with sending POs?.

 

what about signing the two letters? on the cpr31:14

 

am I just asking for the agreement as that is all that is listed in the Poc

 

or all what is listed in the letter cpr31:14

 

 

many thanks

[dx100uk]

on the CCA you leave the letter unsigned and the PO blank.

 

as for the CRP leave unsigned

the poc mention agreement

assignment

and default I bet

pers

i'd leave it as is

as long as you have the current account 31:14 from our library

[fishfood1]

hi dx

 

im just about to register online the claim should I put my new address in or the one which the debt is under

 

thanks

[fishfood1]

hi dx

 

once I have done the claim online can I send the letters off.

 

thanks

[AndyOrch]

You send the CPR and CCA immediately...you acknowledge the claim before 19 days expires.

[fishfood1]

shall I put my new address or the address on the claim form (my ex still lives there) and he is happy to receive the mail. sorry to ask so many questions but I don't want to slip up anywhere

 

once I have available funds I will be donating your advice is unvaluable

 

many thanks

[AndyOrch]

The address on the claim form.

[fishfood1]

hi on the cca form do I delete the blue section as its a debt agency

 

thanks