Capquest/Dryden Claimform - old Lloyds Bank Overdraft..Advice Please

[MonteChristo]

Hello All,

 

Name of Claimant: Capquest Investments Limited

Date of issue – 03 February 2015

Acknowledge By – 21 February

Defence – 07 March - yes file by 4pm

(Are my dates correct?)^^

 

What is the claim for – the reason they have issued the claim?

 

The claim is for the sum of £8600 in respect of monies owing by the defendant

on a credit agreement held by the defendant with Lloyds Banking Group

under account xxxx 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 Lloyd 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

 

What is the value of the claim? £9100 including costs

 

Is the claim for a current account (overdraft ) or credit/loan account or mobile phone account? Overdraft

When did you enter into the original agreement before or after 2007? Before 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 23/10/2013

Did you receive a Default Notice from the original creditor? 20 November 2008

 

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

Why did you cease payments? Financial Difficulty

What was the date of your last payment? October 2008

Was there a dispute with the original creditor that remains unresolved? No other than excessive overdraft charges

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

I sent a CPR31.14 request to DrydenFairfax on 11 February 2015 Recorded Delivery

 

I have disputed the claim and logged my intention on the Court Website 11-02-15

 

 

 

I had an Overdraft facility with Lloyds bank in 2006.

 

 

Due to changes in my circumstances my borrowing began to spiral and the charges compounded the problem until it became unmanageable.

 

 

I changed banking providers in order to get back on my feet.

Although a number of DCA's sent letters and calls I always asked for CCA's which they could never seem to provide

and they would disappear.

 

 

However I have now been contacted by Drydenfairfax 16 January 2015 and a Summons followed which I received 06 February 2015.

 

I do feel the charges were excessive and that is why I elected to defend the claim.

I would just like some advice as what my next steps should be.

[thunderballs]

If there's been no payment or written acknowledgement of debt on your part in a full six year period (five if you're in Scotland), it's Statute Barred.

[dx100uk]

if this is true:

Did you receive a Default Notice from the original creditor? 20 November 2008

the debt is statute barred

file the SB defence now via MCOL

 

 

..................

 

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

 

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract

and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

nicked from Andyorch

[thunderballs]

if this is true:

Did you receive a Default Notice from the original creditor? 20 November 2008

the debt is statute barred

file the SB defence now via MCOL

 

 

..................

 

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

 

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract

and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

nicked from Andyorch

 

Agreed.

 

Then, later on I'd be filing a complaint with the FCA - at least one other company was warned explicitly about pursuing Statute Barred accounts by the late, unlamented Office of Fair Trading.

[dx100uk]

I suppose belt and braces need asking

 

 

ofcourse YOU didn't pay or use this account after the DN date?

and its not a joint account is it?

 

 

I know you've answered the first- but just checking.

 

 

dx

[MonteChristo]

Hello - thanks for the quick responses! I have not used the account since 2008 and it was not a joint account.

[dx100uk]

then file the sb defence now

 

 

no need to wait.

 

 

dx

[oleg]

Some things here just don't stack

up.

 

Can you just reconfirm that this really is a claim against an overdraft on a current account for £8600 ???

 

Also, a current account would not incur a default notice. Lloyds would issue an Enforcement Notice.

Of course, this may well be an error from the claimant or solicitor, but just thought I'd mention.

Works in your favour if it's an error on their part.

 

You say you made CCA requests.

Are you certain that you haven't inadvertently made written acknowledgment along the way too?

Did you send any £1 payments that could have been misappropriated by the creditor or one of their accomplices as a credit to the account?

 

There are no CCA agreements for current accounts anyway [most of the Act doesn't apply], only overdraft facility agreements, so your requests were pointless, unfortunately.

 

Have you submitted your defence yet?

[MonteChristo]

Hello - apologies for the delay,

 

 

I did some more digging and found some more information on my Credit Report.

 

I can confirm that this is indeed a claim against an overdraft on a current account for £8600.

The website facility allowed increments to made on the account instantly.

 

To clarify: An Enforcement Notice was issued on November 20 2008.

 

I have made CCA requests and in all my letters stated clearly I did not acknowledge the debt to Lloyds or any company representing Lloyds Bank.

 

I made £1 statutory fee payment in all cases and specified it was not to be used for any other purpose.

It was returned back to me unused as the Act does not cover current accounts.

 

I have completed six out of the seven stages of defence process online.

 

 

However I have another question

- according to my Credit Report the default was issued on 17 April 2009.

Is it still viable to file an SB defence?

[dx100uk]

if enforcement notice was issued 20/11/2008 then its SB'd

 

 

dx

[oleg]

Thanks for clarifying. Yes it does indeed appear S B. I had been puzzled that Lloyds had granted so large an overdraft [is there a case of irresponsible lending case here, I wonder?], default rather than enforcement notice [either capquest or drydens error] and multiple CCA requests [you didn't report the explanation you had been given and repeated attempts are far from necessary].

 

Just wanted to be sure that you were "safe". Looks like you are. The Cause of Action which determines the S B date is the enforcement notice. Drydocks were obviously hoping to argue from the later date in the credit report. Tough.

[MonteChristo]

Hello again - having read through the posts the consensus is the debt is Statute Barred. In filing my defence, I am to use the wording in Post 3?

[MonteChristo]

One last thing as well - in my haste to get the communication out to Dydens/Capquest

 

 

I accidentally sent the Credit Card / Loans CPR letter instead of the overdraft one

 

 

- will this have a detrimental effect???

 

 

Do I need to re-send??

[dx100uk]

doesn't matter forget the letter - its sb'd

 

 

get it filed

 

 

dx

[oleg]

Yes, defence as in post 3.

[MonteChristo]

Hello again - defence has been filed with County Court. In the case of an SB situation is there any kind of documentation I need to pull together in the meantime?

[dx100uk]

its for them to prove its not sb'd

not you it is

 

 

that An Enforcement Notice was issued on November 20 2008.

 

is all you need

[thunderballs]

Hello again - defence has been filed with County Court. In the case of an SB situation is there any kind of documentation I need to pull together in the meantime?

 

If you need to ask Drydens any questions by email at any point (which they'll likely try to ignore), then I do have a comprehensive list of Drydens email addresses which can be sent via PM.

 

Why send Drydens one email when you can send them to 60 different employees in one go, and likely get a much quicker answer?

 

Especially in that Drydens are notorious for ignoring/giving evasive answers to email correspondence, and that they really hate getting repeat emails.

 

Furthermore, dx100uk is right - they've got to prove Statute Barring doesn't apply.

[dx100uk]

pers I would not be doing this

 

 

dx

[oleg]

Nor I. Definitely.

 

And if there were any reason to communicate with Dry - at the moment there is none whatsoever - you would be doing your best to demonstrate your propriety to the court as opposed to the Opposition's barbarity. Flooding them with emails [addresses readily available via internet research btw and no cause for PM-ing if they weren't] would hardly be viewed as reasonable conduct.

[thunderballs]

Nor I. Definitely.

 

And if there were any reason to communicate with Dry - at the moment there is none whatsoever - you would be doing your best to demonstrate your propriety to the court as opposed to the Opposition's barbarity. Flooding them with emails [addresses readily available via internet research btw and no cause for PM-ing if they weren't] would hardly be viewed as reasonable conduct.

 

You'll note I did say if it's needed that Drydens has to be asked any questions, but it might help if I explain where I'm coming from.

 

The reason I suggest this is because in my own case, I sent in email correspondence to DF for which I did receive a reply.

 

When it got to court, DF only included their own reply, but not my email which they were replying to (which had been sent to them asking whether they were going to amend the claim or not).

 

Because I only sent the original email to one person at Drydens, that was my big mistake - had I sent it to all of them (but then I didn't have that list at the time), they'd have had less of an excuse for not including my email within the evidence pack, and the judge would have been less likely to ignore their 'mistake'.

 

Another point is that Drydens do hate receiving repeat emails, but at the same time, are hardly likely to clear to claim that you're harassing them - if it's email correspondence they don't want the judge to see, they're not going to even want this to come up for discussion during the hearing.