Capquest/Drydens stayed Claim halifax Card - ***Claim Dismissed***

[potman100]

Hi

 

I'm looking for some help with the following claim from Capquest / Drydens.

 

I receievd a letter from Capquest in Decemeber 2014, chasing an old Halifax

Credit Card Debt, I responded with

 

1. CCA Request

2. CPR.31.14 Request

 

which they acknowledged, but they did not supply the documents.

 

They then start court proceddings, I submit a Defence to the court and the

case was stayed after a few weeks.

 

 

==Defence Submitted

 

1. I have had financial dealings with Lloyds Banking Group in the past but unsure of any balances or ever been contacted by Lloyds Banking in connection with any outstanding debt.

 

2. I am not aware or have ever been informed of any legal assignment of this account number to the claimant

 

It is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to:

 

(i) Show how the Defendant has reached the amount claimed for.

(ii) Show the APR and interest used to calculate the amount claimed for.

 

On receipt of the claim form I served a Section CCA S78 request on the claimant, on which the basis of this claim relies upon. The claimant has yet to comply. I also sent a CPR 31.14 request to the claimants solicitors this was signed for on the 19/02/2015 again has yet to comply.

 

 

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 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;

 

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

owed.

 

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.

 

Until such time the Claimant can comply with my request for a copy of the credit card agreement it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

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.

 

==Defence Submitted

 

I have recieved a letter this morning from Drydens, they have also included :

 

A signed copy of the Agreement,

A letter from them saying they are looking after the debt

A Number of Statments

 

and a default notice, but there is no information on Names, Accounts, its all been blacked out.

 

There giving me 14 days to contact them or they will apply to have the stay lifted at the court.

 

From the statements, it looks like the last payment was on the 26th June 2009.

There was another payment taken in July but was reversed the day after.

 

I'm at a bit of a loss of what to do next, and just wondered if anyone had any advice.

 

Thanks in Advance

 

Darren

[dx100uk]

sure it says WILL lift the stay?

[potman100]

Hi Dx

 

Ye it says

 

""In the event that we do not hear from you within 14 days, we will have no alternative but to apply to the court to lift the stay on the proceedings" ect ect

 

Regards

 

Darren

[dx100uk]

no alternative, if they want to.

its a threat.

 

 

can you scan up what they have sent in a multipage PDF

follow the upload

 

 

what was the card taken out?

[potman100]

Ye, no probs, just doing it now.

[potman100]

Here you go dx, think this is what you wanted.

 

Regards

 

Darren

capquest.pdf

[dx100uk]

agreement and T&C's please

 

 

dx

[potman100]

Here you go, this is all I have, apart from the statement.

 

This also came on one sheet of paper each doc on 1 side.

capquest_2.pdf

[dx100uk]

unapproved

line 1 of T&C's shows your details

 

 

what date did you take this out

and the sheet refs clause 12.2

they've not sent that.

 

 

and can you put the dates back on the default notice please

the only thing you need to redact is pers details that ID you not every figure you can find...

[potman100]

Hi

 

Sorry about that, did not see that, I have changed it now.

 

Also, I have not changed anything on the default notice, this is the way I received it, fully redacted.

 

I took it out Feb 2006.

 

Regards

 

Darren

capquest_2_2.pdf

[dx100uk]

quite honestly i'd await there next move

how much is outstanding and do you have all the statements?

[potman100]

Not far short of 6 Grand, quite a lot. might have some more statements apart from what they have sent me, would have to check.

 

Are they not out of time, I mean would it not be statute Barred, it's been well over 6 years since any payment ?

 

Regards

 

Daren

[dx100uk]

trouble is

the issuance of a claim pauses the SB clock at the claimform date.

 

 

though, and i'll let andyorch comment further..

its a bit cheeky to issue a claim, solely to stop the claim going SB'd

 

 

then try spoofing you into paying thru a threat.

 

 

did you ever get all the statement from HBOS

[potman100]

Hi

 

Ok, but when the claim was struck out, would this not have started / resumed the clock again ?

 

If yes, the claim was struck quite quickly, and given we are currently over the 6 years by 11 months, I think this period would have

more than covered the time to 6 years ?

 

No never had anything from the Halifax.

 

Darren

[dx100uk]

where does it say the claim was struckout

if it was then claimant cannot lift a struckout claim.

a stayed claim is not a struck out claim

 

 

dx

[potman100]

Hi

 

Sorry mean't stayed not Struck Out.

 

Darren

[dx100uk]

so as post 13 then

dx

[potman100]

Thanks DX for your time.

 

I just can't see the clock not carrying on after the stay is issued, only because every DCA would use this to keep claims alive !

 

After searching around the net, there are not many threads that have come across this type of thing, which leads me to believe

that they may be just trying it on ????

 

Hope andyorch may have some words of wisdom.

 

Thanks Again

 

Potman100

[dx100uk]

found this:

you have to consider the following statement from 2 angles

.

If they leave the claim stayed..indefinitely..then it does not matter a

s no other can litigate on the same claim..so Limitations is irrelevant.

.

Or you can disregard the initial claim if say 2 years passed and another issued a claim.

...as it was purely a speculative claim with no intention to proceed.

...and issued to stop the limitations clock.

.

So you have a few answers should an argument ever be needed.

.

So with the above in mind you need to adjust your understanding of what a stayed claim is.

...it is speculative...nothing unless it proceeds to allocation

..therefore there is nothing to strike out.

Regards

Andy

[potman100]

Thanks for the reply.

 

So let me get this right, you would use both points in any further court case ?

 

Also would they have a chance in your opinion of getting the claim reinstated, or would they try to issue a new claim ?

 

Sorry for being thick.

 

Regards

[dx100uk]

or do nothing probably..

 

 

dx

[potman100]

Hi All,

 

With regards this issue have been having with Capquest/Drydens, now getting on for 2 year's since they contacted me, they have now applied to lift the stay and I received the court papers this morning.

 

I'm unsure on how to respond to this, and would appreciate any ideas on my next move.

 

Thanks in Advance for any Help, I've uploaded the revevant pages from the court papers.

 

Potman100

 

Here you go, the pdf.

 

I tried to delete the other pictures but it won't let me modify the post.

docs.pdf

[dx100uk]

thread tidied

[dx100uk]

exhibits please

 

ah the old template default notice

 

theres a witness statement and a couple of 'wins' already on cag to counter that and it lowells too!

[potman100]

this is the default notice they sent, I never received one from LLoyds.

Default Notice.pdf