Jump to content


  • Tweets

  • Posts

    • #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.
  • Our picks

Haigh 74 V's Halifax **WON**


haigh74
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5303 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After reading a reply i decided to make my own thread.

 

This is where i am up to now....

 

I sent a letter on 7th March which was a template letter from the website, i enclosed a cheque for £10 for the cost of the statements. I still have not heard anything yet the 40th day is 15th April. But i recall this letter just went first class, not recorded, im not sure if i should send the letter out again with a copy of the other letter attached or just wait till the 40 days are up and try again, does anyone have any advice.

 

Cheers

 

Michelle

Link to post
Share on other sites

Hi Michelle,

 

Why not give them a call and see if they've recieved the request. We did and it spurred them on to sending the statements out on time.

 

Good luck with your claim

 

Steve

Halifax - paid out without getting to court - £250 WON - no intention of going, stated too costly!!

Halifax no 2 account - paid out without a fight - (by mistake, £1650 - should have been £1200 - had to pay some back)

Link to post
Share on other sites

Give them till monday, as they can argue the 40 days arnt up yet. Petty i know, but this way you look more understanding if it goes further.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Stuck now, i have looked at the templete letters and not sure which one i am sending as i have not heard anything and the 40 days are up, they have cashed my cheque, the letters i have seen had a space for me to put in the amount they owe me but i do not know that amount so i can't send that one, can anyone help want to sed it today.

Link to post
Share on other sites

Hiya,

 

Once you dont recieve the statements within the 40 days, then send this. Letter 3...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Also a phone call can sometimes remind them, especially if they know you are prepared to go to court for them.

 

This seems to ba a reasonable number at the minute.

08457 253519

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

After 40 days of not hearing from The Halifax, i sent them another letter giving them 7 days notice to send me info. I received a letter from them yesterday within the 7 days, which i was suprised at, the letter is as follows..

 

Thank you for your recent complaint. Im sorry to hear you are unhappy about the charges which have been applied to your account . One of my colleagues will carry out a full investigation of your complaint.

Our commitment to you is that we will repond to your concerns as the earliest opportunity. However, we do want to ensure that the issues you raised are thoroughly investigated. If for any reason, we are unable to respond fully to your concerns within the next 4 weeks we will write to update you of our progress.

 

Then loads od blurb is getting a third party involved.

 

What do i do? Wait 4 weeks, or can i go back to them?

 

This is just for one account quote to account numbers to them and they have only quoted one back to me.

 

Any ideas??:confused:

Link to post
Share on other sites

Try ringing this lady she was very helpful to me when I was hitting a brick wall.

Jacqui Mackenzie

Senior Customer Relations Manager

01383 426821

 

Regardless of what she says/offers send this from the library too.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

the more people that complain about them not conforming to the DPA law the better it will be in the future.

 

If you read through my previous saga there are loads of contact details and also a couple in the present one.

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

Link to post
Share on other sites

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

Link to post
Share on other sites

if you sent the SAR noncompliance LBA then you should be starting procedings. your in control now not them. when have they ever given you any leaway?? never?;)

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

Link to post
Share on other sites

  • 3 weeks later...

After sending my letter to the Halifax on the 7th March i finally got a reply on Friday. I had to send them a reminder letter in the meantime as i had not heard from them after the 40 days. Then i got a letter saying they would reply in the 4 weeks and they did. I got a list of charges!! Is this right, can i ring and ask for statements or just accept them. Am i taking them that they are all just bank charges and nothing else, and can i add interest on to these amounts.

 

I was very dissapointed with a list, how do i know that they have addedd all the charges.

 

Any help would be great.

 

Thanks :confused:

Link to post
Share on other sites

You are entitled to receive that statements that you originally requested-you could use the list of charges that they have sent but my question is how do you know that what they have sent is correct?

 

I would go back an demand that they send the statements to you-mention the fact that they could be held in breach of the Data Protection Act if they not comply.

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 3 weeks later...

I sent a letter to the Halifax over 14 days ago asking the my charges with a list of the charges i want paying back.

 

They have not replied after asking them to reply, so now i have a letter that i am going to send today, saying if they do not pay up or respond in 14 days then i will start court proceedings, if they say right go on then what do i do, how do you go about getting a court date, it reallty scares me, i hope they don't go that far. I would call them but i am not a very confident person and would worry that i would not sell my case very well.

 

Any help would be great

 

Thanks

Link to post
Share on other sites

Just follow the giude lines on here. You will be fine.

Send your Lba letter, you will prob get a letter saying no go away, standard letter. Ignore it.

 

Then in 14 days you will be ready for court. When that happens you will get all the help you need. Dont worry. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 2 weeks later...

I got a letter this morning after months of writing letters and waiting.

 

The last letter i sent was asking for the amount and giving them 14 days as the letter i sent before that asking for the money they ignored it. (again!)

 

What is the next step, please advise me i don't have time to look for the answers on all other emails at the moment.

 

All help would be fantastic

 

Thanks

 

Michelle

(very angry):-x

Link to post
Share on other sites

Hi

I'm presently spending hours trying to find the same answer, but have not found it yet. I've had a similar letter.

I'll let you know what I find.

Good luck!;)

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

Link to post
Share on other sites

if you have sent your letter before action its now time to take them to court n1 or mcol mcol you can do on line

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

Link to post
Share on other sites

Hi Michelle

 

Halifax did the same to me too, with 2 separate accounts that I have with them. Reading the other posts, I believe this is Halifax's new tactic.

 

I have filed a summary cause against them for 1 account and for the closed account I had with them I have forwarded it onto the Finacial Ombudsman to deal with. I would suggest that you start court proceedings or send it to FOS.

 

Hope this helps

 

Tracy

Link to post
Share on other sites

Hello again

Its in templates- particulars of claim. Sorry but I do not know how to do those linky type of things which would have been quite handy in this situation. I am going to practise it sometime.

Good luck

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

I've been around just a tad longer than Kenny (;) plus had instruction!;))

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

Link to post
Share on other sites

Thanks for the reply. I am feeling really daft about all this at the moment but i have to make sure that i get it right.

 

I fill all the info in on the N1 form?

 

Where is says value - i am just claiming charges do i delete where it says overdraft etc..?

 

In particulars of claim - do i just fill in where it is red and delete other words as appropriate.

 

I live in Leeds so do i just put Leeds - how do i know which court to send it to

 

I keep a copy, send one to the cour and i sent one to the Halifax is this right?

 

At the top of the page i am filling in it says In the..... and on the sheet i printed out for help filling it in it said At the......... is this the same thing. Sorry to sound so thick but i want to get it sent off this week.

 

i also need to send a cheque for £120 as i am cliaming £1340, will they cash this??

 

Thanks, any help would be great....:-|

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...