capquest/shoosmith claimform - Cap1 card 'debt' stayed - now a CCA Response + Received another persons CCA

[Penfolds]

Hi All,

 

I have recently defended a claim by Shoosmiths on behalf of Capquest for a Cpaital One credit card taken out in Oct 2008,

the last payment made was in Jan 2012.

The claim was stayed at the end of Jan 2017 after filing a defence.

 

Before filing the defence Capquest was sent a CCA request,

a copy was also sent to Shoosmiths with a CPR31.14 request,

which Shoosmiths remain in breach of.

 

 

However today Capquest has sent a response to the CCA request (attached).

They have also sent somebody elses application for a Barclays Sky Card which includes their name, address, DOB, household income, home, mobile and work telephone numbers and applicants signature.

 

Any advice greatly appreciated, please advise if defence or CPR 31.14 request needs uploading.

 

Thanks

 

Penfolds

[dx100uk]

PDF please.

 

 

if they've sent you others details

complain to the ICO.

 

 

dx

[Penfolds]

Thanks for the reply DX, its good to see you still here!

PDF's attached.

PDF Image 2.pdf

PDF Image 1.pdf

[BankFodder]

Yes, contact the ICO but also contact the person whose details you have received and tell them what has happened. It is the only way they will know as you can be certain that the ICO won't bother to tell them and of course Capquest would very much prefer them not to know. Tell the people to come here for advice

[dx100uk]

what date was on the claimform please

 

 

better still fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

 

and post up the defence you filled too please

[Penfolds]

Evening All,

 

Thanks again DX.

 

Date of issue 22 NOV 2016

 

What is the claim for –

1. The claimants claim is for the sum of £700 being monies due from the defendant and Capital One (Europe) plc. (xxxxxxxxxxxxxxxx) and assigned to the claimant on 30/11/2012,

notice of which has been provided to the defendant.

2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

3. The claimant claims the sum of £700.00.

C has compiled, as far as is necessary, with the pre-action conduct practice direction.

 

What is the value of the claim? £700

 

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? OCT 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. Debt purchaser.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Do not recall.

 

Did you receive a Default Notice from the original creditor? Do not recall.

 

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

What was the date of your last payment? JAN 2012.

 

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 management plan? No.

 

---------------------------------------------------------------------------------------

 

Defence

 

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

 

2. Paragraph 1 is noted. I have in the past had an agreement with Capital One (Europe) plc, but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and a Section 78 request. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

 

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the Consumer Credit Act 1974.

 

4. On receipt of the claim form, the Defendant sent a request to the Claimant by way of a Section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement. To date, nothing has been received.

 

5. A further request was sent via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. To date nothing has been received.

 

6. It is therefore denied with regards to Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of a Credit Agreement / Assignment / Balance / Breach requested by CPR31.14, and remains in default of my Section 78 request, therefore the Claimant is put to strict proof to;

 

a) Show how the Defendant has entered into an agreement and;

b) Show how the Defendant had reached the amount claimed for and;

c) Show the nature of the breach and evidence by way of a Default Notice pursuant to Section 78 of Consumer Credit Act 1974.

d) Show how the Claimant has the legal right, either under statue or equity to issue a claim.

 

7. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.

 

8. On the alternative, as 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.

 

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

 

Penfolds

[Penfolds]

Hi BankFodder,

 

Thanks for the reply, was unsure if I should. Can see this being an awkward conversation.

[dx100uk]

ok so claim is well stayed and that's not a complaint CCa return.

safe to ignore until/unless they try and lift the stay and pay the fee

with that bogroll, I doubt it

the COURT will write IF they do.

 

 

as for contacting people

you can ring the ICO

but write to the person you have pers details of in your CCa return.

unless you can find them on facebook or WHY and can msg or email

I wouldn't 'yet' speak to them.