Capquest trying to get CCJ issued***Claim Discontinued***

[Lal122436]

Hello,

 

I'm hoping someone can help me please. I had a Next Directory account which I stopped paying in 2010 I believe. To make the long story short, I stopped paying my debts because I simply couldn't afford to after hubby's redundancy, not because I was avoiding them.

 

The amount owed was £736. This was sold on to Capquest in 2011 I believe. In February this year, they sent me a letter telling me they intended taking me to court. I responded with a SAR request, to see what data they held. I posted this on the 1st of February (I have proof of postage but couldn't track it on Royal Mail website due to the length of time that has passed I think). They didn't respond at all but on Friday the 21st of March, I received a Claim Form from Northampton court.

 

The particulars of the Claims are :

 

"Part only of monies due under regulated Credit Agreement number ... Between Next Directory and the Defendant the benefit of which was assigned to the Claimant on 14-Mar-11 The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement."

 

The total amount being claimed is £499.99, court fee is £30 and Solicitor's cost £50 totalling claim amount of £579.99

 

I am not sure what I should do. Are they allowed to ignore my SAR? But do I have a leg to stand on with just proof of posting?

 

Can someone help me please?

[renegadeimp]

Who did you send the sar to? The oc I hope. You really should have sent a cca request to capquest to see if they even hold the paperwork needed to chase the debt.

[Lal122436]

Renegadeimp, I CCAd the DCA last year and received a recon Agreement.

Oh nooooo!! I sent the SAR to DCA, not OC. Problem?

[citizenB]

SARs go to Original creditors

CCAs go to DCA/Claimant

 

It causes a problem for you in that you will now need to send a further SAR to the OC and it will take another 40 calendar Days.

 

Is the Solicitor in this claim Bryan Carter by any chance ? He tends to issue part claims. I am not sure if he is allowed to do it, but he does seem to get away with it quite frequently. .

 

Have a read of the following link - provide any information you have not already done so in order that we can advise further.

 

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

 

 

What we need asap is the date of issue - top right hand corner of the claim form, so we can work out your timeline.

[Lal122436]

Thanks Citizen B. Date is 19th of March.

 

I will provide more informatiob using the link you sent me.

 

Even if I SAR OC will the court grant extension?

 

Also is SAR going to help my cause since I owe the money.

 

The account was opened pre 2007 but reading up on other threads it says that the DCA can prove money is owed so recon Agreements not classed as defense.

 

The legal eagles for them are HL Legal & Collections. Solicitor is Rhona Lavender.

[Lal122436]

Hi All,

 

Name of Claimant is Capquest

 

Date of Issue 19th March 2014

 

Reason - Store Card

The particulars of the Claims are :

 

"Part only of monies due under regulated Credit Agreement number ... Between Next Directory and the Defendant the benefit of which was assigned to the Claimant on 14-Mar-11 The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement."

 

The total amount being claimed is £499.99, court fee is £30 and Solicitor's cost £50 totalling claim amount of £579.99

 

The claim is for an unpaid store card

 

Original Agreement was pre 2007 (not sure of exact date) - CCA was requested, sent a reconstituted agreement

 

Debt purchaser Capquest is the Claimant

 

I vaguely remember receiving a Notice of Assignment and a Default Notice but I don't get a notice every year.

 

I ceased payment because I could not afford the repayments, I believe I wrote to Next asking them to reconsider letting me use the card, as I couldn't afford the repayments (back then I was buying my children's clothing with my card and then paying the money I would have used towards their clothes as my monthly repayments, once they stopped the card I couldn't afford repayments AND the children's clothing.)

 

Please can someone help, I did consider making an offer of £20 a month to these people but I thought I would send an SAR request first to see what data they held. Unfortunately, I didn't send the SAR request to OC, sent it to DCA and in that time they've issued the CCJ.

 

I really cannot afford to have CCJ as need to find rental property in a few months. Please help.

[Lal122436]

If I reach an Agreement with Capquest, will a CCJ still be recorded because the proceedings have now commenced?

[citizenB]

Your timeline is as follows:

 

Issue date 19 March 2014 + 5 days for service = 23.03.2014 + 14 days to acknowledge = 06.04.2014 + 14 days to submit defence = 20.04.2014

 

If you admit the debt and enter into a repayment plan, then yes - you will have a CCJ recorded against you for 6 years.

 

What bothers me is that if they are only claiming "part monies", how much is the actual debt ?

[Lal122436]

The actual debt is £736. They told me they will not claim for that due to reducing court costs for me! Is this normal?

 

I don't have this money but what if I managed to raise it and offered it to them, will they withdraw the CCJ? I really cannot afford another CCJ on my credit record - we already have one recorded against us in 2009. In another year, we will more or less have our credit restored.

 

Other than killing myself and somehow getting this money, what are my options? Doubt a judge is going to refrain from issuing the CCJ based on "I can't afford it" although it is the sad truth.

[citizenB]

The actual debt is £736. They told me they will not claim for that due to reducing court costs for me! Is this normal?

 

I don't have this money but what if I managed to raise it and offered it to them, will they withdraw the CCJ? I really cannot afford another CCJ on my credit record - we already have one recorded against us in 2009. In another year, we will more or less have our credit restored.

 

Other than killing myself and somehow getting this money, what are my options? Doubt a judge is going to refrain from issuing the CCJ based on "I can't afford it" although it is the sad truth.

 

 

If you pay the claimed amount now, then there will be no CCJ recorded. Perhaps you could write to the Solicitor and try to arrange a Full and Final settlement by way of a Consent order. Do you know if there are any default/penalty charges added to the account - if so, perhaps you could negotiate a lesser amount by having these deducted. ?

 

I will ask if someone can advise further on this.

[citizenB]

Reducing court costs my a**e

 

DEFENCE

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

It is suggested that you defend this, if you have not made any CPR requests for information then you should either amend the defence above to suit or alternatively, make the CPR requests immediately.

 

Links to CPR 31.14 request and the CCA request are in the thread I linked you to in an earlier post.

[Lal122436]

Hi Citizen B,

 

I'm very grateful for all the help, thank you.

 

However, if CapQuest manage to get all the statements showing purchases and produce to court etc., won't they judgement be recorded against me anyway? If I file a defense, then they come back with their documents, will it then go to a hearing?

 

I know no one can predict what can happen, but are a lot of store cards contested and is a CCJ issued?

 

I'm a bit worried. The only way I can pay this is by borrowing money from friends or family, but honestly, I really don't want to go down that route but equally don't want to end up with a CCJ recorded against me. Have heard horror stories where judge awards all the money in a bank account to a claimant! (true?)

[Guest]

lal

if you file a defence some poss options; they discontinue, or they apply for summary judgment, or it continues to the allocation stage (if they pay the fee) and then small claims mediation. when filing a defence, they have 28 days to respond to the court if they want to continue or not. if they don't respond, then it will be stayed. throughout, always open to negotiation re a settlement if desired.

if you don't file a defence in time, and settle if not defending, then there may be a default judgment against you.

as citb says, if there is a judgment against, and it is paid within 28 days, then no ccj will be recorded.

citb etc will no doubt advise further.

is small claims, so shouldn't make a difference between claiming for 5 than 7. small claims fixed fees.

[Lal122436]

Hi again,

Just an update. I filed the AOS on the 4th of April. Can I just ask do I have 14 days from the date of Filing the AOS or does the timeline stated above by Citizen B stand anyway?

Also I had a bit of a disturbing letter from Capquest dated 11th April stating they were not aware that I had filed my AOS (I did it online with the money claim service) and inviting me to call them to settle and they will avoid the CCJ action.

Is this normal?

I'm going to file the defence tonight but haven't managed to send CPR yet and I am sorry if this makes me sound dozy, but I think I sent them one last year. Should I resend anyway?

[Guest]

if you acknowledged in time within 14 days from service with intent to defend, then a further 14 days to submit defence. as citb posted. ie 33 days from claim issue date. it can be done online. dont worry about their letter re acknowledgment. seems you did it in time, allowing for service.

if you get yr defence in on time, then for them to decide within 28 days whether to continue or not, as per #13.

cpr request is re once litigation has started. do you mean a cca request?

[Lal122436]

Sorry yes, I meant a CCA request.

[Guest]

if they have got a prior cca request, no need to send another. if they haven't responded to it, use that in yr defence.

also can do a cpr request.

is 14 days after service (5 days from issue date = deemed service) to acknowledge

[Lal122436]

How much do I have to enclose as payment with CPR and is that to the DCA?

Also, just on another note. My timeline for submitting defence ends on 20th of April. I am currently online with money claims service online. It says AOS submitted on the 4th of April, received on 7th April. I will be submitting defence today but it is only going to be processed on 22nd of Apr AFTER the timeline. Hopefully I won't be penalised for this?

[Guest]

no fee for cpr requests http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

goes to address for service/comms given on claim form, usually the solicitors.

 

i think it wld go on submission date. but, double check with citb etc. or the court if further in doubt.

[Lal122436]

Hello,

I just want to say thank you again for everything. I have submitted my defence. I would have reached a settlement but I have no money to offer and already owe my family money. Plus we are still really struggling financially anyway, we get by month to month. It doesn't make sense to place further financial pressure on us.

Will come back and keep you informed. Do they now have 28 days to respond? What happens then? Might go to mediation?

[citizenB]

If the date of issue was 19th March then your defence deadline is... Sunday 20th April.

 

You might just find that you will have a bit of leeway because of the Easter Holiday which it would appear from their statement you have posted earlier, then for sure you wont be penalised The Claimaint will be unable to do anything until after the Bank Holiday anyway, so your defence will be processed in time.

 

They will have 28 days to advise if they wish to proceed with their claim, after which time it will be stayed by the court.

 

If they do decide to proceed, then the claim will be transferred to your local court - almost certainly the court will suggest that it is suitable for mediation as it isnt a huge sum

[Lal122436]

Hello everyone,

I just wanted to update you about the latest. I have been sent a copy of Notice of Discontinuation by CapQuest's solicitors. I am guessing they didn't have the documentation to counter my defense?

Will they still be chasing me for this money do you think, or will they sell of the debt?

Thank you for everything. This is a huge weight lifted off me.

[Guest]

nice one catalogue matter? and they have discon'd instead of letting it stay? seems likely no proper docs are available, duff claim.

they could still chase, but it wld be difficult for them to litigate again on the same.

they could sell it on, but again difficult for any new owner to litigate again.

if anyone starts chasing, post back on it.

[AndyOrch]

Excellent news Lal....

Check with the court that they have received same and that the claim has been discontinued.

 

Thread title amended to reflect the outcome.

 

Well done.

 

Regards

 

Andy

[citizenB]

Excellent news