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    • #1   Posted March 4, 2014 The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]     Which Court have you received the claim from ? County Court Business Centre, Northampton, NN1 2LH       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Capquest Investments Limited   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th January 2022 / 31st January to acknowledge / 14th February to submit defence   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 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 4779169679648877 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 clincially 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
    • Sorry, I would rather not do that.    I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract.    So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 
    • Ok thanks dx 100uk. I’ll keep u posted
    • Hi again,   Having responded to the court claim for mediation I since have heard nothing from the court. On Thursday this week we received the attached letter from Overdales. Could I ask for advice on this letter and also ask if they should be writing direct when mediation through court is pending?    Thanks Overdales letter.pdf
    • Hi,   My business is now going through insolvency and luckily most of my creditors had been paid.   However, I have an outstanding business loan to Funding Circle of around £40,000 with a personal guarantee to me   Funding Circle have not yet contacted me and all payments have been up to date. My insolvency agent is in the process of contacting creditors now.   I do have a small amount of personal savings but I was wondering what the best steps of action are here for me.   Thanks for your help.
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Estellabianca V Abbey


Estellabianca
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Thanks a lot :) . Do you have a template letter about refusing a full and final settlement offer but making another offer of settlement before the court date. Abbey offered me £1700 but I want to tell them that i won't go to court if they pay me £2000 ( they owe me around £2300). I'm ready to settle for £ 2000 and avoid the court. I need a ready made letter please. Thanks a lot in advance.

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Pick any one of these you like

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Estelle.................................hold out for more money.It's yours remember, and think how hard you have to work to earn £300 after tax!!

 

 

Don't tell them your bottom limit, or else they'll try and get you to accpet less...............

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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I need urgent help i've just received this order general form of judgment sent by the court What does it mean? do I have to prepare the bundle for wednesday or not yet? :

 

1) the action is stayed until wednesday 20th june 2007 during which period the parties shall try to settle the matter or narrow the issues or refer the matter to mediation...

 

2)by 4 pm on wednesday, 20 th june 2007 the claimant shall notifiy the court in writing of the outcome of negociations ( without disclosing any matters which remain subject to without prejudice terms) and what, if any, further directions are required. Failure to comply with this direction or to engage properly in negociationns may result in the application of sanctions. If settlement has been reached, the parties shall lodge a consent order signed by all of them.

 

3) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside varied or stayed. A party wishing to make an application must send or deliver theapplication to the court ( together with any appropriate fee )to arrive within seven days of service of this order.

 

I am about to email inga to ask her to settle before court as i can't reach her by phone, can you help me and give me a nice ready made email?

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sounds like a directions hearing to me estelle, in which case you don't need a cb....I'll see if I can find a link to give you an idea what to expect

 

But I would keep trying as hards as possible with Inga, to agree a settelment

 

but if you find their phone engaged...............it's because it's me doing the same!!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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I EMAILED INGA YESTERDAY WITH A SETTLEMENT OFFER, HERE IS WHAT SHE REPLIED, THE JUDGE GAVE US UNTIL TOMOROW 4 PM TO SETTLE, WHAT SHOULD BE MY NEXT MOVE? (it's my second or third attempt to settle only coz I was in hospital for 2 weeks):

Without prejudice"

 

Dear Madam

 

Thank you for your email, however we are instructed to reject your offer. Our offer of £1716.50 is more than reasonable in view of the transactions that have occurred on your account. Further, we do not believe that an offer of settlement representing a £188.00 reduction in the total value of your claim 1 day prior to the end of a period of stay for settlement, represents a genuine attempt by you to resolve this matter without recourse to the Courts.

 

There is no entitlement to claim for preparation for a court bundle that has not been ordered to be served by the Court.

 

Should you wish to reconsider your position we will be more than happy to continue discussions.

 

Kind regards,

 

Inga Kirkman

 

Can anyone help me with writing a letter to the judge saying that no settlement was possible durin the stay period? any template?

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  • 2 weeks later...

:( How come nobody is helping me anymore:-? ??? What did I do wrong?

I wrote to the judge last week ( at the end of the stay period) saying that no settlement was agreed between abbey and myself because their offer was not reasonable and that abbey had refused my offer. I asked for a court date. I've since written to inga three times and given her more chances to pay me the amount that I want out of court but she 's ignored me completely and hasn't even bothered reply. ANY ADVICES ARE WELCOME. Thank you. Please reply, a bit of support would be nice especially at this time.

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Hi there

 

I really can't offer you much help, but at least this will bump your thread back up to the top.

 

Are you using the new email address for Inga & Co? Read on another thread that they moved offices last week and changed emails.

 

It is now [email protected] if that helps. She is out of the office on Monday but you should get an auto response with another name on it - Ronan Coyle I think - to contact.

 

Hope that helps a bit.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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hi estelle,

 

sorry about ignoring you.new job=less time for me on here I'm afraid.

 

I merely referred to the irish report.............192 pages isn't necessary

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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:) Good news everyone I WON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Inga and I agreed to settle at £2000 and I haven't received any directions from the court or court date yet (in total it was £ 2300 including costs and interest). I harassed her with emails until she accepts to pay £2000. That's great!! I'm so happy!!:razz: Thanks to you and to this site. I will make a donation as soon as I receive the monies.

 

Just a final question: I asked Inga to post me a cheque but she replied that if my account was opened it will be paid in it but I really want a cheque, is this normale procedure??? Don't I have a choice to choose between a money transfer or a cheque???:confused: ( as I'm £1000 overdrawn, I don't want my money to go into this account just in case they decide to stop my overdraft facility taking half of the refunded money)

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CONGRATULATIONS!!

WELL DONE:D :D

 

ps

 

if you want a cheque payable to you then you are entitled to one...after all it's your money..........................but I would be very surprised if they agreed to it :|

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Congratulations well done

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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EXCELLENT NEWS :D

 

Really chuffed for you, on one hand.........

 

But, on the other, they do seem to insist on paying the settlement into an open Abbey account :( - however, it then clears your o/d and gives you cash in hand, so it's not too bad?

 

Take care and best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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  • 11 months later...

Hi everyone.I am back:( after winning my case against Abbey last year.

This time Abbey charged me again around £800. So I followed AGAIN the same route as before, took them to court. After sending the AQ I received(a month later) a court oder: the claim is stayed bla bla bla until 15th June. At the end the letter says within 28 days of the end of the period of stay the claimant and the defendant shall notify the court in writing of their proposals for he further case management of the claim,by agreement if possible (dated 15May) :confused:not sure what to do?? Can you explain plz? What should I do now?

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