Capquest/drydens claim form - old Cap1 Card 'debt'

[lindseyb]

Hi all,

I have received a court claim form from Drydensfairfax solicitors for a old capital one c/c.

 

 

The debt is very old but I was in an agreement paying £1.86 per month in 2011,

I have on numerous times written to try and get a full and final settlement off them but nothing was accepted.

 

 

The amount they're claiming seems more then I remember being outstanding but I'm not sure.

I dont have much time as the papers went to an old address so most of my 14 days to reply are nearly up.

 

 

Can someone help me with my options of what to do pls?

I can't afford to pay it all and I'm not sure that the amount they've said is correct

but I also don't want a ccj can I still write to Drydens with an offer?

What form do I send back to the court?

Thanks

[AndyOrch]

Hi lindseyb..I have moved your thread to the appropriate forum...please continue to post here.

 

In view of your claim please read the following link and then copy and paste the Qs and your responses back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

[lindseyb]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Capquest Investments ltd

 

Date of issue – 23rd Nov 2016

 

What is the claim for –

 

 

1. The claim is for the sum of £1161.06 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One under account number xxxxxxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. The balance owed was assigned from Capital One to the claimant, and the defendant has been notified of the assignment by letter. Contact Drydensfairfax solicitors on 0113 823 3850

 

What is the value of the claim? £1161.06

 

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

 

When did you enter into the original agreement before or after 2007? I'm not sure I think it was before 2007 as I entered into a reduced payment agreement with them 2008

 

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. capquest

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes a letter was sent I havent kept this so not sure on the date

 

Did you receive a Default Notice from the original creditor? I think so but I havent got any paperwork

 

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

 

Why did you cease payments? I stop paying as I couldnt afford it at the time and then had offered a number of f&f to pay it off had no response and then put it to the back of my mind tbh

What was the date of your last payment? not sure would have been 2013 I would have thought

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? yes a number of times and had been paying £1.86 per month until I offered f&f

[AndyOrch]

Many thanks...now follow the instructions in the above link with regards to CPR 31.14 and CCA section 78 request.

 

You have 33 days in total to deal with the claim if defending in full (date of the claim being day 1) ...19 days to acknowledge service and state your plea and then a further 14 days to submit your defence (33 days).You can do this on line by using the MCOL service once you have registered to use it (password is already on your claim form ) so just register to acquire your user name.

 

Regards

 

Andy

[lindseyb]

Sorry I'm a bit confused

if I defend the claim do I just need to submit the acknowledgment form now and then submit my defence?

Or do I need to put why I'm defending it?

If what do I need to say pls?

 

 

Can I do it all online rather than posting

or do I need to post the forms back too?

Thanks

[dx100uk]

nope the form is simply for your ref if doing things online

 

read the form

pop up on the MCOL website

register as an individual

them log in.

 

respond to a claim

select AOS box

defend all

leave jurisdiction unticked

 

click thru to the end

confirm and exit MCOL.

 

your defence is filed later as andy pointed out earlier.

 

but DO NOT MISS IT!

we'll help too.

 

get a CCA request running to the claimant

get a CPR 31:14 running to the solicitors

 

don't sign anything

leave the £1PO blank and uncrossed.

[lindseyb]

AOS has been done on-line now and

 

 

I have printed out the CCA request and the CPR 31:14 ready to post in the morning.

 

 

Is that all I need to do for now?

 

 

What do I put for my defence for disputing the claim?

Thanks

[dx100uk]

Defence is for later as Andy explained

By day 33 whereby the claim form date is ONE in the count

 

As for if that's all you need to do....no...

 

Time to get research iing now on like claims

 

Copy your thread title into the top search CAG box of the redtool bar

And get reading up

[lindseyb]

I have received a letter back from capital one, after my CCA request saying as the address is different from the address on their records (I've moved since) and I didn't sign the letter I sent then they can't send me any details unless I contact them directly sending in a copy of my signature so they can check it against their records,

 

nothing yet from Drydenfairfax solicitors.

Is this a good thing?

 

What kind of things such I be putting into my defence with the court

and am I right in thinking my defence has to be filed by 6th Jan 33 days after I first responded to the claim?

[dx100uk]

defence is due on day 33 from the date on the claimform

whereby that date is ONE in the count.

 

already explained that in post 8.

 

who did you send the CCA request too please?

 

there is no requirement to sign it

[lindseyb]

What do you mean by claimform

is that the date that was on the documents originally sent to me by the court or is that the date from when I filled my response please I'm confused?

 

 

I sent the CCA request to Capital one and the other one to drydenfairfax.

 

As if it's the date on the court papers which were originally sent to me

I need to file my defence by tomorrow

[AndyOrch]

Blue Claim Form Lindsy...from Northampton ...Date of issue – 23rd Nov 2016

 

Your defence is due this Friday by 400pm.

 

Andy

[lindseyb]

ok have read and read this a number of times if the papers were issued on the 23rd Nov that is day one? Which means I have 33 days from then to file a defense is that correct?

[lindseyb]

oh great thanks Andy

[dx100uk]

ok have read and read this a number of times if the papers were issued on the 23rd Nov that is day one? Which means I have 33 days from then to file a defense is that correct?

 

 

shame you didn't read post 6 several times as well

clearly says send the CCA request to the claimant...

 

 

pers i'd get one running tomorrow

[lindseyb]

Sorry I thought the claimant was capital one? So I needed to send both requests to the solicitor, sorry I've never done this before and not really sure what to do. I will re-send the one I sent to capital one again to drydenfairfax solicitors too.

[dx100uk]

lindseyb pop back to post 3 and read what you wrote in answer to our Q&A .

then as post 6..

 

 

get a CCA Request running to the claimant

[lindseyb]

Ok I'm not very good at this it appears!

 

Have posted another CCA request off to today by next day delivery but sent it dryden and I should have sent this to Capquest duh!

Will send another one tomorrow.

 

I have filed my defense today so thats all done phew again.

 

I have also received a letter from Capquest saying that they have recieved my letter and are looking into it and as such my account is on hold for 28 days,

 

I have also got a letter from dryden dated 2 days later saying the same thing!

[dx100uk]

drydens for the CCA will do.

 

should have posted your defence up here first mind..

 

what did you file?

[lindseyb]

ok a quick update on whats been happening.

defense that i filed was

 

 

1. I, xx of xx, make this statement as my

defence to the claim brought by Capquest Investments Ltd.

 

2. The claimant’s particulars of claim are vague and fail to

disclose any cause of action; they appear to be an abuse of the

process in that they fail to deal with the basic rules of pleading

in accordance with the CPR, even allowing for the constraints of

the bulk issue system.

 

3. No documents supporting the claims in the particulars have been

offered and despite a request to the claimant for further

information via CPR 31.14,and a CCA request the claimant has

replied to this and noted my request but hasn't sent any

information. As a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is

extremely disadvantaged and as the claimant’s claim appears

without merit, the defendant asks to be allowed to submit a fully

particularised defence should the claimant provide copies of the

original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to

plead effectively or at all. The defendant is embarrassed.

 

I got an acknowledgement from the court dated 22nd Dec saying a copy had been served on the claimant and that they may try to contact me, if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed.

 

 

The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed.

The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

I had a letter on the 8th from capital one

15th dec from capquest saying the we're dealing with your query and then nothing.

 

 

i also had a letter from drydensfairfax on the 9th Jan, which said

- please find enclosed the return of your recent letter and postal order for £1,

please can you request the postal order be made payable to our client, in order for our client to comply with your request. This was my letter requesting s.78

 

I'm not really sure what all that means?

 

 

Should I re-send the letter with a new postal order?

 

 

how long will it be stayed for and is there a time limit on when they can start this claim back up?

 

 

Should I write to capquest and see if they would except a reduced f&f offer?

Thanks

[dx100uk]

oh dear a very old embarrassed defence never mind...

should have read a few recent claim threads

 

 

what date did you file that?

 

 

as for the requests etc being returned

 

 

well that's their problem

just being obstructive.

 

 

nothing for you to do about them/

 

 

dx