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Hi everyone,
Firstly, I would like to thank everyone for the masses of help that is available on this site, much of which, I have used so far. If it wasn't for sites like LB, the likes of my partner and I would not know where to turn for help.
Right... I am posting on behalf of my partner, who is a complete technophobe and we would really appreciate some further help, on which route to take next.
My partner received a Court claim from Capquest through Dryden's Fairfax solicitors, on the 20th February 2014 (Initiated on the 17th) for what we assume is a Lloyds credit card debt. The alleged debt is for just over £4000 including costs.
(As highlighted on a few other posts on here, our claim form was not signed by an individual. Just typed 'drydens ltd t/a drydensfairfax').
To cut a long story short, we had a business from 2006-2007 and due to massive problems regarding one of the leases, we had to throw in the towel. This resulted in personal bankruptcy for myself and a handful of business debts, that were still attached to my partner, being left ouststanding.
The alleged claim, we think, is for a company credit card that had both of our names on. I am unsure however, as to whether my partner actually signed the credit agreement. I have some niggling idea that she was just named as a permitted user on the card and as such, wouldn't be liable anyway.
Another issue may be, that the debt is 'Staute Barred'. The card was taken out in 2006 but due to the nature of the businesses problems, no payments were made to the account since at the very latest, September 2007 and I was declared Bankrupt in December 2007.
The account is showing as 'Defaulted' in March 2009 on her Experian credit report.
My partner HAS made token payments to various creditors who have pursued her over the years, with payments made to those as as recently as March 2010. However, we are pretty certain that no payments were made to Lloyds or anyone acting on their behalf etc. regarding this account.
We have sifted through her bank account statments as far back as 2007, but of the payments she has made to various DCA's, we cannot match any of them specifically to this account.
Therefore, upon receiving the claim pack on the 20th February, we followed all the helpful instructions on here, registered acknowledgement of service with the courts and fired off the relevant CCA and CPR requests to Capquest and Drydens (Special Delivery Guaranteed) on the 21st March. These were received two days later by Dryden's and 4 days later by Capquest, due to re-direction.
We received a letter back from Drydens on the 24th February detailing the following:
"We acknowledge receipt of your Part 31.14 CPR request.
We will request the documents specified from our client and forward them to you upon their receipt at our offices.
Our file has been placed on hold and no further action will be taken until we rspond to you.
We will allow you 14 days from the dtae we respond to you for you to review the documents and file your response to the proceedings accordingly. Your immediate response is therefore not required."
Knowing that this process is extremely time sensitive, we didn't take their response as sufficient to the urgency of the situation, so sent the template letter in the form of an email and a letter to Dryden's on 4th March 2014, reminding them of their CPR responsibilities.
Unfortunately, we sent the letter by 'Signed for' post instead of 'Special Delivery Guaranteed' and due to the complete incompetence of Royal Mail, the letter is still in 'their system' and has not yet been delivered!!
However, we ultimately received no reply from Dryden's or Capquest regarding the original CCA or CPR requests, so sent a final request letter on the 11th March 2014 giving them 7 days to respond or we would seek compliance through the courts.
From the dates on the claim form, we have calculated that our defence must be delivered by the 22nd March (Next Saturday). Would our next move be to go ahead with the N244, if we do not receive any response from them by Tuesday morning?
Any help would be greatly appreciated.
Thanks.
Firstly, I would like to thank everyone for the masses of help that is available on this site, much of which, I have used so far. If it wasn't for sites like LB, the likes of my partner and I would not know where to turn for help.
Right... I am posting on behalf of my partner, who is a complete technophobe and we would really appreciate some further help, on which route to take next.
My partner received a Court claim from Capquest through Dryden's Fairfax solicitors, on the 20th February 2014 (Initiated on the 17th) for what we assume is a Lloyds credit card debt. The alleged debt is for just over £4000 including costs.
(As highlighted on a few other posts on here, our claim form was not signed by an individual. Just typed 'drydens ltd t/a drydensfairfax').
To cut a long story short, we had a business from 2006-2007 and due to massive problems regarding one of the leases, we had to throw in the towel. This resulted in personal bankruptcy for myself and a handful of business debts, that were still attached to my partner, being left ouststanding.
The alleged claim, we think, is for a company credit card that had both of our names on. I am unsure however, as to whether my partner actually signed the credit agreement. I have some niggling idea that she was just named as a permitted user on the card and as such, wouldn't be liable anyway.
Another issue may be, that the debt is 'Staute Barred'. The card was taken out in 2006 but due to the nature of the businesses problems, no payments were made to the account since at the very latest, September 2007 and I was declared Bankrupt in December 2007.
The account is showing as 'Defaulted' in March 2009 on her Experian credit report.
My partner HAS made token payments to various creditors who have pursued her over the years, with payments made to those as as recently as March 2010. However, we are pretty certain that no payments were made to Lloyds or anyone acting on their behalf etc. regarding this account.
We have sifted through her bank account statments as far back as 2007, but of the payments she has made to various DCA's, we cannot match any of them specifically to this account.
Therefore, upon receiving the claim pack on the 20th February, we followed all the helpful instructions on here, registered acknowledgement of service with the courts and fired off the relevant CCA and CPR requests to Capquest and Drydens (Special Delivery Guaranteed) on the 21st March. These were received two days later by Dryden's and 4 days later by Capquest, due to re-direction.
We received a letter back from Drydens on the 24th February detailing the following:
"We acknowledge receipt of your Part 31.14 CPR request.
We will request the documents specified from our client and forward them to you upon their receipt at our offices.
Our file has been placed on hold and no further action will be taken until we rspond to you.
We will allow you 14 days from the dtae we respond to you for you to review the documents and file your response to the proceedings accordingly. Your immediate response is therefore not required."
Knowing that this process is extremely time sensitive, we didn't take their response as sufficient to the urgency of the situation, so sent the template letter in the form of an email and a letter to Dryden's on 4th March 2014, reminding them of their CPR responsibilities.
Unfortunately, we sent the letter by 'Signed for' post instead of 'Special Delivery Guaranteed' and due to the complete incompetence of Royal Mail, the letter is still in 'their system' and has not yet been delivered!!
However, we ultimately received no reply from Dryden's or Capquest regarding the original CCA or CPR requests, so sent a final request letter on the 11th March 2014 giving them 7 days to respond or we would seek compliance through the courts.
From the dates on the claim form, we have calculated that our defence must be delivered by the 22nd March (Next Saturday). Would our next move be to go ahead with the N244, if we do not receive any response from them by Tuesday morning?
Any help would be greatly appreciated.
Thanks.
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