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CapQuest / DrydensFairfax - county court claim while CCA unresolved


MJC1973
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Hoping someone can help me as it involves the same two parties - Capquest & Drydensfairfax.

 

On the back of their original letter, I sent a CCA 1974 request to Drydensfairfax at the end of November 2015 requesting:

  1. true copy of alleged agreement
  2. signed true copy of deed of assignment

 

Capquest acknowledged this request on the 11th December 2015 but was not supplied within the statutory 12 working days (even allowing for Christmas holidays).

 

I received a County Court claim from DrydensFairfax dated 20th December 2015

(sent to an old address, despite their client Capquest having written to me at the new, correct address).

In response to their CC claim I issued DrydensFairfax with a CPR 31.14 request.

 

They wrote back on the 13th January 2016 telling me my Section 77-78 had been forwarded to their client.

They also told me that the Deed of Assignment is a privileged document between the Originator & their client

and that I wasn't entitled to view this, therefore, they'd not be providing it.

They also stated that "In the interim, we can confirm no further action will be taken against you."

 

Finally, on the 14th April they sent a letter telling me it included:

A copy of the Credit Agreement

Statements

Notice of Assignment - a photocopy with no header, footer or any other "official" insignia

Terms and conditions

 

They claim to have addressed my issues in full and were "clearly in a position to progress our client's claim against you"

but in the next sentence they offered me the opportunity to pay the sum in full or "discuss possible repayment options"

 

I am confused!

 

 

I don't think they've fully complied with my CCA/CPR requests

and don't know why they're still offering to discuss possible repayment options

if they're clearly in a position to progress their client's claim against me?

 

Any advice?

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You need to start your own thread as nobody will see it here.

 

Also, you need to stop following freeman advice. You wont see the deed. ever.

 

As for the CCA

 

Read the letter carefully. Theyve admitted they cant enforce it but use clever wording to make you think that you should still pay them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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he was told all this in his last thread

 

 

neevr mind new thread created

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hoping someone can help me as it involves the same two parties - Capquest & Drydensfairfax.

 

On the back of their original letter, I sent a CCA 1974 request to Drydensfairfax at the end of November 2015 requesting:

 

  1. true copy of alleged agreement
  2. signed true copy of deed of assignment
     
    Capquest acknowledged this request on the 11th December 2015 but was not supplied within the statutory 12 working days (even allowing for Christmas holidays).
     
    I received a County Court claim from DrydensFairfax dated 20th December 2015
    (sent to an old address, despite their client Capquest having written to me at the new, correct address).
    In response to their CC claim I issued DrydensFairfax with a CPR 31.14 request.
     
    They wrote back on the 13th January 2016 telling me my Section 77-78 had been forwarded to their client.
    They also told me that the Deed of Assignment is a privileged document between the Originator & their client
    and that I wasn't entitled to view this, therefore, they'd not be providing it.
    They also stated that "In the interim, we can confirm no further action will be taken against you."
     
    Finally, on the 14th April they sent a letter telling me it included:
    A copy of the Credit Agreement
    Statements
    Notice of Assignment - a photocopy with no header, footer or any other "official" insignia
    Terms and conditions
     
    They claim to have addressed my issues in full and were "clearly in a position to progress our client's claim against you"
    but in the next sentence they offered me the opportunity to pay the sum in full or "discuss possible repayment options"
     
    I am confused!
     
    I don't think they've fully complied with my CCA/CPR requests
    and don't know why they're still offering to discuss possible repayment options
    if they're clearly in a position to progress their client's claim against me?
     
    Any advice?
 
the bottom line is the claim is stayed?

you did file a defence?

 

they can willy wave all they like

 

but until/if they pay to lift the stay

then its going nowhere

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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