Capquest/Drydens Claimform - OH's old Sainsburys credit card

[Candycravings]

Hoping someone can help. I have been managing my wifes old card debts for a number of years. My wife is on ESA and PIP following mental health challenges and as such came away from the workplace in cicra 2008. I tend to look after all of the old debts as I do not want her to have to worry and take any set back.

 

My wife had a Sainsburys credit card which she opened in 2003, she fell ill in 2008 we tried to carry on paying the min payments but defaulted in 2010.

 

I thought I did the right thing and  sent letters to all debtors. The outstanding balance was £5.2k, the debt eventually passed to Blair Oliver Scott, then to Capquest and recently to Drydensfairfax. 

 

Drydensfairfax in 2021 were quite aggressive in chasing further updates to the payment plan and requesting an updated income/outgoings statement.

 

I stated that my wifes circumstances have not changed and have been making a token payment since the account defaulted. They are now declaring that the payment arrangement is an informal one and is not agreed and have now lodged with the County Court in Northampton and I have a response pack to complete. 

 

I am completely out of my depth and cannot fathom why they would be chasing after all this time. Its not as if we have buried our heads in the sand. I must add this is not the only debt she has, but they are not chasing and have all been managed in the same way.

 

I really need help with the response pack with an issue date of 13th Jan. I believe they add 5 days to this date to allow for delivery time of the letter. What do I do now? Guidance or pointers to the correct way to respond to the court would help. Thank you

Edited January 23, 2022 by dx100uk
Title

[dx100uk]

Please complete this

 

 

[Candycravings]

Name of the Claimant ? Capquest Investments Limited

 

Date of issue –  13th January 2022 /

 

31st January to acknowledge /

 

14th February to submit defence

 

Particulars of Claim

 

What is the claim for – 

 

1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number xxxxx

 

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

 

3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418

 

What is the total value of the claim? £4893 (this now includes the Court and Legal Reps fee)
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes this is likely but cannot find the letter
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice
 

Did you inform the claimant of your change of address? yes, as they have been able to contact me, or when phoning the claimant they have updated the address records

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ? 03/04/2003
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Think it my have been in store
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, not any more
 

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. Assigned to Capquest
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall
 

Did you receive a Default Notice from the original creditor? Yes I am sure my wife did
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, I have a letter from Capquest dated 10th June 2019 following a letter of complaint I had written declaring they hadn't provided statements between 2010 and 2019
 

Why did you cease payments? My wife had a breakdown and has been declared as clinically depressed. She has taken medication for many years now.
 

What was the date of your last payment? Account defaulted with Sainsburys between 2008-2010, we have made token payments ever since without fail
 

Was there a dispute with the original creditor that remains unresolved? Not that I can recall
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did speak with Sainsburys and agreed to pay £5 per month, then account was assigned to Capquest and we started paying £1 per month. We continued to pay both between 2010 and 2019. The current statement doesn't run beyond 2019.

 

Claim Form.pdf

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[Candycravings]

Thank you so much this far. I understand I need to get cracking and fire off a few letters to gather information, but beyond waiting for responses what will my defence be if I haven’t received any replies or is that my defence?

 

thank you 

Edited January 23, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Just type no need to hit quote

 

Plenty of dryden claimform threads here use our search top right red banner

 

get reading a good few 10's of threads

but you thoughts are broadly correct.

 

Get aos/cca/cpr done asap

 

 

[Candycravings]

AOS - Done

CCA letter ready to send in the morning

CPR letter ready to send in the morning

 

Thank you once again

 

[dx100uk]

these wont be the same players but the info applies

 

Programmable Search Engine

CSE.GOOGLE.COM

^^clickme

[Candycravings]

Hi dx100uk,

 

There are 3 parts to my update

 

1)

I have received a letter from Drydens Solicitors in response to the CPR 31.14 request, the letter advises the following;

• acknowledgement of the CPR 31.14 request
• 'We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your Defence. 

Question - The original date for submitting the Defence is tomorrow 14th Feb 2022, the above is advising a an extension. Should I still submit my defence on MCOL by the 14th Feb deadline as I can post this today if needed?

 

2)

I have also received a letter from Capquest advising of additional default sums on this same account, the costs relate to the court costs (although letter doesn't not stipulate this) applied to the account advising costs applied on the 12th January and became due on the 12th January? The costs are £205 and £80.

 

They are also advising that the above sums are payable under the same agreement

 

Question - What should I do about this particular letter?

 

3)

In relation to the CCA request a company by the name of Arrow (letter sent to Capquest) have returned my £1 postal order advising they no longer charge a fee for this also stating they will respond to the letter as soon as they can.

 

Question - should I do anything with this?

 

Appreciate any guidance on the above.

 

Kind Regards

[dx100uk]

STD practice, ignore them, you'll see those responses in most arrow claim form threads here.

 

File on time regardless, they don't call the shots the court does

[Candycravings]

Okay thanks. I will draft my defence now using information from other similar threads and upload onto MCOL.

 

[dx100uk]

Post here 1st for checking

[AndyOrch]

Quote

• 'We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your Defence. 

Question - The original date for submitting the Defence is tomorrow 14th Feb 2022, the above is advising a an extension. Should I still submit my defence on MCOL by the 14th Feb deadline as I can post this today if needed?

 

Just to clarify the above point...parties can agree a further 28 days extension pursuant to CPR 15.5...but its very rare this happens and in any event why would you allow them more time to get their act together...if your ready to submit...submit on time and anyway its a little short notice now to inform the court of any such agreement.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

Andy.

 

 

.

[Candycravings]

Hi - I had copied and pasted quite a few defence responses into a word document and have drafted the below.  I have also uploaded the POC so you can review against the below. I have found a letter LOC from Drydens advising PAP in the first sentence. Not sure if this has any bearing on the below defence draft? Thanks

 

Outside of this my only concern is that this is my wifes debt and she would not be able to manage any court appearance without significant support. Her memory isn't great due to medication and prior treatment and don't know how to approach this aspect. I have previously declared my wifes medical situation to both Drydens in writing.

 

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. It is accepted I have in the past had agreements with Sainsburys Bank PLC. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement within its particulars of claim and have therefore sought verification from the claimant.

 

3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.  

 

4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Sainsburys Bank PLC pursuant to the Law of Property Act 1925.

 

5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.

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 has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

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

 

7.     On the 24th of January 2022 I requested to The Claimants Solicitors, Drydensfairfax by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Drydensfairfax have failed to fulfil my CPR 31:14 request.

 

8.     On the 24th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 14/02/22 failed to comply.

 

9.  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.

Claim Form.pdf

[Candycravings]

Hi Andy - thanks for your reply, sorry missed it a little earlier as reading. I really didn't want to given Drydens any leeway whatsoever and was following the court timeline. I was checking MCOL every day up to this point to see if anything had changed, nothing had so sticking to the dates logged in my diary.

 

All very damned nerve racking if you ask me. The whole idea is terrifying.

[AndyOrch]

Just finalising another users defence here...have a read.

 

 

[dx100uk]

The dentist is far far worse

[Candycravings]

Haven't been to the dentist in a while 

 

• Have made a couple of adjustments to the below, have beefed up point '9' with a reference to being CCA request and being unenforceable. Do I need to make any further adjustments before submission?
• Have a query reference my point 3, the letters and the POC reference an an 'agreement' under account number xxxxxx, therefore I don't believe point 3 is valid or is there a nuance that I am missing (ie seeking clarification)??
• I have included a new point 8 referencing a letter declaring an extension, should I leave this in or remove?

 

1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number xxxxx

 

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

 

3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418

 

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. It is accepted I have in the past had agreements with Sainsburys Bank PLC. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement within its particulars of claim and have therefore sought verification from the claimant.

 

3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.  

 

4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Sainsburys Bank PLC pursuant to the Law of Property Act 1925.

 

5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.

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 has reached the amount claimed for; and

c) Show or evidence a Default Notice / Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

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

 

7.     On the 24th of January 2022 I requested to The Claimants Solicitors, Drydensfairfax by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Drydensfairfax have failed to fulfil my CPR 31:14 request.

 

8. The Defendant received a letter dated 31^st January 2022 from The Claimants Solicitors, Drydensfairfax adviseing in accordance with CPR 15.5 and upon receipt of the documents they would agree to a further 28 day extension in order to file my defence

 

9.     On the 24th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The Claimant as of 14^th February 2022 has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

 

10.  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.

[dx100uk]

then 3 + 8 are not applicable

[Candycravings]

Thanks very much. On this basis I will submit this on MCOL today excluding points 3 and 8. I will now read and understand what happens once submitted. 

 

Thank you for all of your help, there must be dozens on here seeking similar support. I for one am extremely grateful for your guidance. 

[Candycravings]

Well, received acknowledgement and receipt of defence submitted. Gather it is standard for the court to inform the claimant and allow 28 days to respond. The letter also states if the claimant does not respond with the 28 days then the matter is stayed and they then have to apply to remove the stay?

 

Be interesting to se if Drydens now get in touch.

 

Again thanks for your help.

[dx100uk]

yours is not the next move

 

keep an eye on mcol for dispatch of N180 DQ if the fleecers wish to continue with their speculative claim.

[Candycravings]

Hi

 

I submitted my defence on the 13th Feb and accepted on the 14th Feb (a Monday). Have just logged back onto MCOL and there are no updates from either the court or Drydens. Do I simply wait this one out? All of the dates for both Drydens and Capquest to provide the requested information have now expired.

 

Thanks 

[AndyOrch]

Claim is stayed......nothing to do until /if they make application to lift the stay...the court will advise if so...otherwise forget about it.

 

Andy

[Candycravings]

Thank you to you and dx100uk for all of you help and guidance. I am sure you get this a lot, but today has been a good day. Thanks