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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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SAR Problem,Advice Please


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Hi, sent SAR letter off recorded,have proof,and with chq, which has been cashed,, no statements yet,, 40 days up on Fri. i emailed halifax first , no surprise,no reply...

so i thought i'll ring them, spoke to a guy in customer relations, who has told me that the 40 days is 40 working days. is this correct please can someone confirm this or will i be sending them the non compliance letter..

 

thanks

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I have always felt that it is 40 calender days so if this is true then their time is up.

 

Send the non compliance letter.

PPMAN159

 

If this comment has helped please click on the scales.

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hi,the same happened to me,they cashed my cheque more than 3 weeks ago but still no statements,the 40th day was last saturday,i sent them the non-compliance letter already and it is 40 calendar days not working days,somebody told me already in this forum.i am really furious,believe me

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thanks for the replys, like you rebe my chq was cashed around 3 weeks ago, it is frustrating, but you know it's like waitin for christmas.. i'll send non compliance letter on fri, i will keep my thread updated

 

thanks

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Hi,

 

I sent SAR on 9th Feb, statements arrived 40 (calendar) days later for my 3 kids accounts which basically have never been used, no statements or data of any description for my Halifax passbook account or my joint a/c with Bank of Scotland, both of which have been closed for a few years now (but i'm almost certain it's less than 6).

 

Sent non-compliance 24th March, received a standard response on 18th April, 'we no longer have your data, older than 6yrs, bla bla'.

 

Phoned the number given to me on the above letter (01422 336202) although the lines were busy and I didn't get through until 5.35pm there was someone there. A lady called Vivienne answered and confirmed that the a/c must have been closed more than 6yrs ago as they have no data. I suggested that they should at least have a record of when and how that data was destroyed or disposed of and by whom- she said no such records exist!

 

Now i'm stumped! I know I have incurred thousands in charges on the current a/c and I think they know it too :(

 

Anyway, sorry not much help, just wanted to drop by and let you know they are playing this game with everyone and shouldn't be allowed to get away with it!:-x

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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Just out of interest,when the bank only sends partial statements to you ,I know you can send them a LBA letter for incomplete statements.If you do need to take court action,can we claim any money back for this or is it a stalling tactic from the banks that we just have to put up with?Also, has any one actually had to file in court for non-compliance?

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on fri, i was too busy to sort the non compliance letter out, so today i got it all ready ,gonna post it when i was on my dinner, then i thought i'll phone them. i spoke to someone in customer relations, just got the num off their web site, I couldn't beleive what i was hearing, i actually spoke to someone who was not in defence mode,, this guy fully apologised to me about it running over the 40 days, he said he would reorder my statements, and email the dept and try to find out why i had not got them , but did say because of the volume of people claiming they were busy, it helped that i had gone down the right channels as he wanted to know if i sent it all recorded, i had proof, when the cheque had been cashed, etc, then he said,sending a cheque for 10.00 is too much and people should be only sending 5.00, as this is what the halifax charge for Data , he would try and get 5.00 refunded to me,, I NEARLY FELL OFF MY CHAIR.....

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Well, I have decided to wait until I have the *FULL HISTORY* of my two accounts with HBoS (formerly BoS).

 

I requested the history PRIOR to January 2001 since I have Jan 2001 - April 2007 statements to hand.

 

Today I received two letters

 

"Attached to this letter is the information you requested for the above account after 17th April 2004, however charges prior to 17th April 2004 will be sent uinder separate cover.

 

We will aim to provide you with this information as quickly as possible. We are currently experiencing a high number of similar requests and it may take a little time to process your request."

 

Meanwhile, the interest on £18,000 (past 6 years) is growing and growing.

Their problem, not mine!

 

BTW: The letters are coming from:

Bank of Scotland

Customer Relations

Trinity Road

HALIFAX

HX1 2RG

 

(no phone number!!)

 

And signed by a Marcin Senator, Data Subject Access Request Team, Customer relations.

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!

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Hi

Well i got somthing, can anyone tell me if this is the norm,

Yesterday i had delivered a couple of A4 Sheets of paper, 1 of them with my charges on, not my statements , not my history, etc.

Obviously that is not what i asked for,

has this happened to anyone else.

 

Thanks

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They are doing this a lot at the minute. You need to send the on compliance now, as you requested your full data. Failure to ths is against the dpa.

 

You have paid for them so you should recieve them.

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. .

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The Halifax charge £10 for subject access requests. This is what we are doing as we are asking particular questions

 

Statements are £5 but we dont ask any questions so for the £5 it is worth it (Plus you get that back) ¬!!!!

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Hi

Well i got somthing, can anyone tell me if this is the norm,

Yesterday i had delivered a couple of A4 Sheets of paper, 1 of them with my charges on, not my statements , not my history, etc.

Obviously that is not what i asked for,

has this happened to anyone else.

 

Thanks

 

These are what are the 94D charges that the Halifax have levied on your account. It makes calculations easier as it just lists date, charge amount. However, it doesnt list any interest

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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They are doing this a lot at the minute. You need to send the on compliance now, as you requested your full data. Failure to ths is against the Data Protection Act.

 

You have paid for them so you should recieve them.

 

AHA!

 

Cuz that's where I'm at (for the pre-6 year period). True enough, as Josephleon says, that's what I got too.... just a(n) (incomplete) list of charges.

 

Maybe I'll give them a shock and send off the non-compliance letter, too.

 

Should keep them on their toes!

 

I keep waiting for the great big *THUD* on the doormat when the postman calls . . . and it just ain't happened - YET!

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!

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well this is what they said.... we are really sorry for that, WE PRESUMED you wanted to claim your charges back, so to make things easier we have sent you a list of what info you needed...

i said that is fine, but i have asked for my transaction history, i have paid 10.00, you have taken it, i have not got it

Sorry we will get them out...

i have sent a non compliance letter...... .. it then went quiet.......

i fully apologise on behalf of the halifax, it was a wrong box ticked that's all, we will make sure you receive what you have asked for..

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Lol, lets just see how long they take to send them.

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. .

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