CapQuest/drydens claimform - old CAp1 card 'debt'

[dx100uk]

1. yes, but not until its needed and checked by us.

 

 

2. or since probably...

you now need to use your time wisely and read up on like thread involving your claimant/sols and the type of debt it is.

 

 

use the search cag box of the red toolbar uptop.

copy and paste your thread title into it.

 

 

who are the sols in your case...restons?

 

 

dx

[Iamharrassed]

Solicitors are Drydens Fairfax

[Bazooka Boo]

Solicitors are Drydens Fairfax

[Iamharrassed]

I have been checking old documents regarding this debt

 

 

have noticed that on a typed up statement of payments which I think was sent by CapQuest in 2011 they have listed Payment Protection Insurance.

 

 

I didn't realise I had this, cannot remember ever having asked for it and yet I have been charged £21 per month. This dates from 2004,

is this something I can claim for or is it too old?

If I add up these payment and the late payment charges I probably owe them nothing.

 

I am reading through threads to prepare my defence which I think will be a denial.

Both CCA and CPR letters have been sent but as yet no acnowledgement received.

 

Thanks for all your help.

[dx100uk]

it will be the holding/no paperwork defence widely available here.

 

 

post it up here first to get it checked.

 

 

as for the PPI/Penalty charges

you could do a spreadsheet for each at their int rate.

that could be useful if it ever gets to mediation stage.

but as said, that's for later.

[Iamharrassed]

Particulars of Claim

 

1. The Claim is for the sum of £1603.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) plc under account number xxxxxxxxxx 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 Capital One Bank (Europe) plc and the claimants, the claim vested in the claimant who has a genuine commercial interest. the defendant has been notice of the assignment by letter. Contact Dryden Fairfax solicitors.

 

Proposed Defence

 

 

The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I had an agreement in the past with Capital One but do not recognize the account number referred to by the Claimant.

 

2. Paragraph 2 is not admitted with regards to the Claimant serving a default notice in connection with the alleged contractual agreement.

 

3. Paragraph 3 is denied. the defendant is unaware of any legal assignment the Claimant refers to nor has the defendant been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

On 15th December 2015 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to respond to either request and remains in default.

 

4. It is therefore denied with regard to the defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 therefore 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 Claimant has reached the amount claimed for; and

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

 

5. As per Civil procedure Rule 16.5(4) it is expected that the Claimant prove the money is owed.

 

1 .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.

 

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

Edited January 5, 2016 by Andyorch
Particulars added for cross reference

[AndyOrch]

Particulars of Claim added for for cross reference.You will now see your responses do not equate to the particulars.

 

Your 2 is wrong and you have not addressed their point 3.

 

Andy

[Iamharrassed]

Particulars of Claim added for for cross reference.You will now see your responses do not equate to the particulars.

 

Your 2 is wrong and you have not addressed their point 3.

 

Andy

 

Thanks Andy, back to the drawing board.

[Iamharrassed]

Particulars of Claim

 

1. The Claim is for the sum of £1603.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) plc under account number xxxxxxxxxx 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 Capital One Bank (Europe) plc and the claimants, the claim vested in the claimant who has a genuine commercial interest. the defendant has been notice of the assignment by letter. Contact Dryden Fairfax solicitors.

 

Proposed Defence

 

 

The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I had an agreement in the past with Capital One but do not recognize the account number referred to by the Claimant.

 

2. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual agreement.

 

3. Paragraph 3 is denied. the defendant is unaware of any legal assignment the Claimant refers to nor has the defendant been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

On 15th December 2015 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to respond to either request and remains in default.

 

4. It is therefore denied with regard to the defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 therefore 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 Claimant has reached the amount claimed for; and

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

 

5. As per Civil procedure Rule 16.5(4) it is expected that the Claimant prove the money is owed.

 

1 .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.

 

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

 

 

 

Is this better??

[AndyOrch]

:thumb:Just one word change

[Iamharrassed]

:thumb:Just one word change

 

Thanks - defence now filed.

 

What happens next, should I expect to hear something from the Court or CapQuest?

[AndyOrch]

The claimant has 33 days to respond and if so the claim will be allocated and transferred to your local county court...if they fail to respond it will be stayed.

[Iamharrassed]

I have received a letter from Capquest with a photocopy of what I assume is the original application form, together with a typed up list of terms and conditions. Also attached is a statement, (27 pages) again typed up, not printed out from the bank. Mid way through this statement one of the items listed is as follows:

 

Statement Date: 04/09/2007

Minimum Payment Due: £2,949.09

Credit Limit: £2,800.00

New Balance: £2,949.09

 

Transaction Date Details Paid-In Paid Out

04/09/2007 INTEREST CHARGE-OFF -£50.08

04/09/2007 OTHER FEES CHARGE-OFF -£126.00

04/09/2007 DELINQUENCY CHARGE-OFF -£2,773.01

 

TOTALS £2,949.09 0.0

 

 

Can you throw any light on to what this means. Looking at this it seems the account should be clear, but obviously it isn't.

 

I guess I now wait to hear from the Courts, the solicitors have not yet responded to my CPR request.

 

Many thanks

[dx100uk]

scan the stuff up

redact each page as a picture

pop all the picture in ONE word doc

then file

save as .pdf

 

 

follow the upload

 

 

the entry you related to simple means they wrote the bal off against tax before selling it on to these fleecers in a phishing list.

 

 

dx

[Guest]

harassed

you mentioned first post that you were paying up to nov 10.

This is a very old credit card debt and up until November last year I was paying a monthly sum

now, you say the last payment was 3/09. claim issue 12/15 for 1600£

could it be barred? clarification needed.

[Iamharrassed]

harassed

you mentioned first post that you were paying up to nov 10.

now, you say the last payment was 3/09. claim issue 12/15 for 1600£

could it be barred? clarification needed.

 

At some time in 2011 I received a Statement of Account which listed payments only and showed payment of£21 per month from 17/02/09 until 02/06/11. However on the latest statement received from CapQuest the payments seem to stop in 2009, so the two statements don't tally.

[Bazooka Boo]

Who sent you the statement that showed payments being made until 2011?

 

What else doesn't tally with the two statements?

Dates/payment amounts/ref numbers?

[Iamharrassed]

Who sent you the statement that showed payments being made until 2011?

 

What else doesn't tally with the two statements?

Dates/payment amounts/ref numbers?

 

I think this statement was sent by CapQuest in 2011.

 

It is just a listing of dates and the amount paid by direct debit.

 

No ref numbers but final payment on 17/11/2010.

 

Not the same as the statement I have uploaded,

which is a more detailed transaction statement and shows the last payment in was made in 2009.

 

Oddly enough the statement listing DD,s is on 3 pages and the first page ends with 02/01/09 £72.00 paid

which coincides with the date on the typed up copy statement uploaded above.

 

Perhaps they "lost" pages 2 and 3

 

Hope this all makes sense.

[dx100uk]

forget anything you hold from before the claim

 

where is the agreement they have sent in response to the CCA request ? scan them up & the T&C's scan them up.

 

the claimant can only rely upon returns by them from your recent CPR/CCA.

[Iamharrassed]

The attachments show the T&C's received from CapQuest and the Application form in response to my request for CCA details.

 

I have also scanned a letter received from DrydensFairfax in response to the CPR request.

 

Not sure how to progress from here.

 

. Many thanks

T+C v#12b.pdf

CCA+Letter.pdf

T+C v# unknown.pdf

statements.pdf

[dx100uk]

thread tidied

 

 

there is an un number version of the T+C's above

you've cropped the v# number off the pages what is it?

 

 

dx

[Iamharrassed]

thread tidied

 

 

there is an un number version of the T+C's above

you've cropped the v# number off the pages what is it?

 

 

dx

 

Apologies, the V number on T&C1 is v6# and on T&C2 is v12b#.

[dx100uk]

as far as I can see its statute barred

where are these statements that CQ claim its not?

[Iamharrassed]

cq statement 2011.pdf

 

as far as I can see its statute barred

where are these statements that CQ claim its not?

 

this is the statement received from CapQuest sometime back in 2011. the only statements I have had since show that the last payment was 02/2009.

[dx100uk]

that tallies with you old thread which is merged here now see post 1

 

 

dx