Capquest Claimform - Bank of Scotland 'debt'

[Noumidia]

Hi,

I am tying to defend a court claim issued against my wife from capquest regarding and debt assigned to them from BOS.

 

On 19/07/2013, BOS wrote to my wife to notify her that Bos has assigned the debts to crapquest.

 

I have not heard from capquest until 03/06/2014 issuing a court claim while i am disputing a PPI case against Bos.

 

Last year I had a SAR and I noticed that Bos charging more interest than the one I calculated using loan calculator under the same term,

I believe that Bos added a premium insurance without my knowledge which they denied it.

 

My question can I defend the claim of capquest using the defence that the a/c is still in dispute against the original creditor.

 

POC:

Monies due under regulated credit agreement no xxxxxxxxxxxxxx between Lloyds Banking Groups

and the defendant the benefit of which was assigned to the claimant on 28/06/2013.

 

The agreement terminated upon the defendant failure to comply with the term of the Agreement.

Date of the claim 30/05/2014.

[AndyOrch]

Hi Noumidia

 

If you could read the following and provide as much information as possible and history of the debt...this would greatly help with the advice you receive.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[Guest]

and, just to ask, has the ppi complaint/dispute run its course internally and then with the fos?

[Noumidia]

Hi Andy

It nice to hear from you again.

 

0n 22/04/2014, I received a letter from Bos saying "Having checked our records in line with your concerns, they don't show you took out PPI policy . Therefore, I cannot currently investigate your concerns further and have closed the complaint. However, if you feel that our records are incorrect or you have additional evidence to support your concerns, please contact me."

 

On the bottom of their letter they printed in bold writing "if we don't hear from you within 28 days from the date of this letter we will consider this our final response."

 

I wrote back enclosing evidences within 28 days, I am still waiting for the reply from Bos.

[SabreSheep]

You would prob need to complain about the wrong interest rate being used. What was the rate of interest your loan was supposed to have been at? What interest rate were you paying per month

[Noumidia]

The interest charged by Bos were supposed to be 7.9% and they were charging me about 8.75.

[Noumidia]

Is there any point sending the claimant solicitor an account dispute letter ?

[dx100uk]

fill out post 2 please

 

dx

[Noumidia]

Hi,Dx100

 

• Name of the Claimant: Capquest •

 

Date of issue: 30/05/2014 •

 

Particulars of claim (verbatim):

Monies due under regulated credit agreement no xxxxxxxxxxxxxx between Lloyds Banking Groups.

The defendant the benefit of which was assigned to the claimant on 28/06/2013.

The agreement terminated upon the defendant failure to comply with the term of the Agreement. •

 

Date of the claim: 30/05/2014. •

 

The value of the claim:£3000 •

 

The claimant included section 69 interest (8%) : No •

 

The claim is for: Loan •

 

When did you enter into the original agreement: Before 2007? •

 

The claim been issued:

the debts were assigned to capquest by Bos on 19/07/2013.

capquest has issued the claim. •

 

Were you aware the account had been assigned: Yes, I received a Notice of Assignment from Bos but no communication from capquest. •

 

Did you receive a Default Notice from the original creditor? Yes •

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? : No •

 

Why did you cease payments: Too many DC got involved? •

 

Was there a dispute with the original creditor that remains unresolved? Yes •

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a management plan? No

[Guest]

i dont think a ppi dispute is a defence as such, though it cld poss be mentioned re disputing/denying the amount, and then dealt with via a counter claim or separately via the complaints/fos procedure and then a separate claim if no joy there?

really a cred shldnt make a claim whilst any complaints are outstanding. but, from what you say seems as if claimant may have no knowledge of the ppi complaint as they were assigned a year ago and you've only recently put in a complaint to bos. and atm, bos are saying no ppi. have you done anything with cquest?

if it progresses, it might get stayed (could ask for stay) re the resolution of the ppi and any mediation? as if applicable may negate the amount claimed.

have you done a cca request prior?

is the def notice compliant?

wait see what others say.

[Noumidia]

I had no contact from capquest at all otherwise I could wrote to DC to hold any action because the

A/C is in dispute.

[oleg]

Odd that C Q did not send you their usual chain of threatening letters before court action - unless you're approaching statute bar? That however seems unlikely since you've most probably acknowledged the debt in your letters about p p i.

I would not waste energy telling the solicitor about the p p i : that would not deter them from proceeding.

Who are the solicitors?

You said BOS sent the notice of assignment. I think you'll find it was C Q who sent it [using BOS letterhead]. Look at return address on back : C D R . . . Manchester.

But C Q always also send their own NoA too, so either it was lost in post or you've mislaid it. But this is neither here nor there.

The important things are to get the CCA done asap, send SAR request to Lloyds and can you please post up the Default Notice? If the D N is non-compliant, it provides you with a potential defence, as would no original CCA - if the account stems from pre-April 2007.

[Noumidia]

Capquest should not issue a claim while the account is in dispute. I had a SAR last year so to start claiming PPI and banks charges.

[Noumidia]

Hi

I just want to rectify what I wrote in post #11, I found 3 letters send by caquest.

1) Sent on 19/07/2013,saying we are now looking after your account.

2) Sent on 07/09/2013: Letter of claim under the practice direction-prec action conduct.

3) Sent on 11/09/2013: Letter of claim under the practice direction-prec action conduct.

I send them a dispute letter and that was the last time I heard from them.

[oleg]

Issuing a claim while in dispute is naughty but not much use to your defence

Did C Q really send you an identical letter twice in 4 days, as your last post suggests?

You still haven't said who the solicitors are nor have you posted up the default notice to enable us to check whether it's compliant.

[oleg]

And send CCA and CPR 31.14 requests to solicitors as matter of urgency.

[Noumidia]

Hi Oleg Yes, they send me identical letter twice in 4 days. I replied with a dispute letter and I still have the proof of sending it. 1)Their solicitor is :HL Legal & Collection. 2)Default notice: I checked in the SAR papers I couldn't find any papers work related to the default notice. Could anyone please explain to me what is exactly mean ( D N is non-compliant).

[Noumidia]

Hi I mentioned in post #6, I said that I send them a dispute letter.

 

however I found the original letter which is a validation letter not dispute letter.

 

1) My question is a dispute letter is the same as a dispute letter?

 

2) I send CPR31.14 letter,

 

Do I need to send a CCA as mentioned credit agreement in my CPR31.14 letter?

[dx100uk]

yes cca

 

its a loan

cpr is not a legal request

 

CCA is and they must comply

 

dx

[Noumidia]

what about the validation letter which I send on 25 September 2013.

[Noumidia]

Hi Dx100uk. I am confused here, if CPR31.14 is not a legal request therefore I am wasting my time asking for one.

[dx100uk]

please read a few threads here in this forum.

 

they don't 'have' to respond to 31:14

 

they DO for a CCA request.

[oleg]

Why would we advise you to waste your time? lol

If they claim tohave this or that relating to your debt this is way to request it . If they fail to supply , as many solicitors do , you can force disclosure in court. Without doing so , their case falls flat on its face.

About default notice, it has to follow a prescribed format and they have to give you a date by which to comply not earlier than 14 days after their date of sending, plus 5 more for postage.

I don't know what u mean by validation letter.

[Noumidia]

Dx100uk could post some links to these threads please?

[Noumidia]

Hi Oleg find the copy of validation letter.

Edited June 16, 2014 by Noumidia
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