capquest/drydens old cap1 CC Debt

[Somotayo]

Happy New year everyone,

I could sure use some help/guidance with a couple of letters i received from drydensfairfax regarding an old capitalone/capquest credit card account.

 

I have two letters

Letter 1 date of issue 3 nov 2016

Capquest Investments Limited. Outstanding Amount is 646.94 pouinds

 

The letter reads

"we were instructed by our client, Capquest Investments limited, to commence legal proceedings against you in the county court if you do not provide proposals for repayment of the debt withing 14 days of the date of this letter.

 

Letter 2 date of issue 24 nov 2015.

 

 

Capquest investments Limited. Outstanding Amount 776.94 poiunds

 

This letter reads

"we hereby notify you that the above matter has been transferred to ourselves and that a Country Court Calim has been issued against you in accordance with instructions received from our client.

You will shortly receive the calim served by the county court showing an amount of 776.94 pounds

If you're in a position to settle the debt in full please contact this office immediately............"

 

What is the claim for –

1. The claim is for the original sum of £646.94 which was owned to capital one an old credit card that I stopped paying because of financial difficulty. The account has a default date of 27th January 2012.

 

2. A default notice was served upon the defendant and has not been complied with. I do not recollect seeing such

 

3. The debt was sold off by Capital one to Capquest.

 

What is the value of the claim? £646.94

 

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 believe this was around 28 Aug 2009

 

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? I don't recollect receiving the letter of assignment but a couple of years ago I did contact capital one and they told me to contact Capquest if I have questions about the credit card account in question

 

Did you receive a Default Notice from the original creditor? I believe I did but I do not have 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 was out of work and could not afford to make any payments.

 

What was the date of your last payment? not sure would have been late 2011 (August/September)

 

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? No

 

In addition, I have been out of the country for a few months and am Just catching up on all my mail, I found these a few days ago and started to research my options.

 

 

I stumbled across this website and forums and I am hoping I can be guided.

Thank you in advance

[dx100uk]

So you have a claim form from northants bulk court?

[Somotayo]

Not quite sure I understand your question. The only thing I have received is the two letters I mentioned in my post.

[Old Cogger]

not a county court blue form then?

[AndyOrch]

Somotayo you only complete the link above if you have actually received a claim form from Northampton County Court Bulk Centre...its a Blue form number N1 and will have a claim number and be franked by the court...not silly letters from DCAs threatening same.

 

Regards

 

Andy

[Somotayo]

Oh Now I understand, thanks.

Is there any recommendation on how to deal with drysdensfairfax and capquest? Since I have not receivec receive an actual Claim letter.

[AndyOrch]

Oh Now I understand, thanks.

Is there any recommendation on how to deal with drysdensfairfax and capquest? Since I have not receivec receive an actual Claim letter.

 

Thread moved to the appropriate forum.......plenty of advice here...search the forum for drysdensfairfax

[dx100uk]

are you sure the letter says

 

 

"we hereby notify you that the above matter has been transferred to ourselves and that a Country Court Calim has been issued against you in accordance with instructions received from our client.

You will shortly receive the claim served by the county court showing an amount of 776.94 pounds

If you're in a position to settle the debt in full please contact this office immediately............"

 

 

id be getting a CCA request running to capquest

 

 

have you moved since you took the card out

[Somotayo]

I have stayed at the same address.

Also, the second letter I received does indeed read

"we hereby notify you that the above matter has been transferred to ourselves and that a Country Court Claim has been issued against you in accordance with instructions received from our client.

You will shortly receive the claim served by the county courtic showing an amount of 776.94 pounds

If you're in a position to settle the debt in full please contact this office immediately............"

 

Also in the CCA letter to capquest should i leave the below section?

 

"If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties."

[dx100uk]

no why?

[AndyOrch]

That simply applies to assigned debts (as yours is) and is a measure to stop them ignoring your request for that very reason...as some do.

[Somotayo]

Thanks everyone for your input. I have sent the CCA letter to Capquest....I will update you all on my progress.