Claim Form from Northampton County Court

[Mischief10]

Hi,

On Saturday, my other half received a claim form from Northampton Court. Only a few days before he received a letter from Drydensfairfax Solicitors saying a County Court Claim had been issued against him (both dated 03/04/23). This is for a Capital One Credit card which he does not remember when he got, its not on his credit file and hes definitely had two more cards with them that have both been paid off in full and closed down without going into any debt or problems. He did enter into some agreement through StepChange or something like that with his ex wife around 10 years ago he thinks where he agreed to pay a set amount each month to his debts. This was all cancelled and finished in 2018 when he stopped paying after his now ex wife left him in dire straights with no where to live or any money. He does not know if it was included in this plan that he had. The debts that were left to pay after he abandoned the plan as such, were all paid up when I moved in with him and us working 80 hour weeks. This Capital One card debt has "appeared" since we have got a mortgage and have bought a house together. Our mortgage is due for renewal in a few months, but money is rather tight at the moment for us both and we could do without paying 800 quid

I don't know if the debt is Statue Barred because we don't know if it was in the plan he had which was being paid till the end of Dec 2018. He does not remember getting any default notices or anything for it (he probably had quite a few for different things though).

Having read the forum for quite a few hours, I just need a little clarification on where to go from here.

If we acknowledge the claim and say we fully defend it, if they can provide the documents required, can we just pay the money to avoid the CCJ? How do we find out if it is statue barred? Can we defend the claim? Its kept us both awake most of the weekend. Can we pay on a credit card or will we have to borrow some money to pay it? We have really worked our socks off the last few years, and still have a fair bit of new debt between us from buying the house as it needed a lot of work.

Many Thanks in advance

[echat11]

Hi Mischief10

Welcome to LB

Try not to worry.

a) If we acknowledge the claim and say we fully defend it,

There is a claim against your O/H, you need to Acknowledge of Service (fully defend all), that can be done online via MCOL. That will give you extra time to get more information and decide how to proceed / defend the claim. You get 14 + 14 days (5 days postal) to file your defence.

Work out when you defence has to be lodged in a diary.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) if they can provide the documents required, can we just pay the money to avoid the CCJ?

You are a long way from a CCJ, so yes. Wait to see what documents they provide.

c) How do we find out if it is statue barred?

Send Capital One a SAR request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

You need to send a 31.14 request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

You need to send a CCA 1974 request, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Can we defend the claim?

Yes, because you are unclear on the debt and don't have all the facts / information.

e) Its kept us both awake most of the weekend. Can we pay on a credit card or will we have to borrow some money to pay it?

You can agree to Mediation, you can make discounted offers to settle the debt (but mark Without Prejudice), could include a payment plan, an affordable monthly amount.

Can you copy / paste the answers back on this thread (without personal details)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Mischief10]

Hi, thank you so much for replying to me. Here is the copy and paste back to you. Hope i have done it right. Again, many many thanks for your help

Received a claim? Yes/No: Yes

Issue Date: 03/04/2023

Have you Acknowledged the Claim?: Yes today

Total Amount Claimed : £800

Claimant’s Name: Capquest Investments Ltd

Solicitors Firm: Drydensfairfax

Original Creditor: Capital One

Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): 1. The claim is for the sum of £800 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One under account number xxx upon which the defendant failed to maintain payments.

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

3. The balance owed was assigned from Capital One to the claimant, and the defendant has been notified of the assignment by letter. Contact Drydensfairfax solicitors.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure of this due to the plan with StepChange which we think started in 2012 and ended in 2018/beginning of 2019.

List any letters you have sent (eg: CCA/ CPR ):Had written out the CCA and CPR, but i think to the wrong people. I have done them to Drydensfairfax, but I am guessing it should be Capquest Investments Limited?

Any Other Information or Background Details: Unsure if recieved a default notice due to there being a few debts in the plan with stepchange. Just before we bought a house together in 2021, we went through his credit file and paid everything that was on there and ultimately got a mortgage!

[echat11]

Keep on top of it, worrying is a waste of energy.

Keep an eye on the date the defence has to be lodged with the Court. That is 28 days from the date on the claim form.

Update the thread as you go along.

[Mischief10]

HI,

Would the CCA, and the 31.14 go to Capquest as the claimants, or Drydensfairfax ? Im a bit confused over this

[echat11]

HI,

Would the CCA, and the 31.14 go to Capquest as the claimants, or Drydensfairfax ? Im a bit confused over this

Send the CCA request to Capquest and send the 31.14 to Drydensfairfax.

[Mischief10]

Hi, just a quick update. We have had a letter back from Drydensfairfax saying they have noted the contents of our letter (CPR 31.14). IT also says "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"

The defence is due on Monday. Arrow global have also acknowledged our request for the credit agreement with a letter saying they will respond as soon as they can.

Does that mean we get another 28 days to file the defence, and if so who tells the court? Arrow globals 12 days is nearly up, so do i chase it up?

Many Thanks

[MIKE770]

never chase them . stick to court time table.

[echat11]

Hi, just a quick update. We have had a letter back from Drydensfairfax saying they have noted the contents of our letter (CPR 31.14). IT also says "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"

The defence is due on Monday. Arrow global have also acknowledged our request for the credit agreement with a letter saying they will respond as soon as they can.

Does that mean we get another 28 days to file the defence, and if so who tells the court? Arrow globals 12 days is nearly up, so do i chase it up?

Many Thanks

a) The defence is due on Monday. Arrow global have also acknowledged our request for the credit agreement with a letter saying they will respond as soon as they can.

Does that mean we get another 28 days to file the defence, and if so who tells the court? Arrow globals 12 days is nearly up, so do i chase it up?

Yes you have a further 28 days once you receive the documents, you can email the Court, put the claim number, who the claimant / defendant (in the subject line) is and that an extension in the case has has been given to file the defence.

They've given you an extension, so best to wait, see what they send.

[Mischief10]

Hi

Another update. Received a letter from Capquest today. Will have to type it out as it wont upload the picture.

Your Running Credit Agreement between xxxx and Capital One (now capquest investment ltd)(Capquest, us, or we) dated 15th March 2010 and numbered xxxxxxxxxxxxxxx (the "Agreement")

This notice is about default sums and is given by us under the consumer credit act 1974.

The following default sums have become payable under the agreement:
31/3/23 issue fees £70.00
31/3/23 issue costs £70.00

The total amount of default sums included in this notice £140.00

This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

INTEREST

We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if the sums are not paid in full by that date interest may be charged on the default sum at the rate allowed under the agreement. However, we waive any right we we may have to charge interest on the default sums stated in this notice meaning you will not have to pay interest on them.

Is this a letter with some of the information we have requested? Do we pay these costs? Still not had any credit agreement from them and its been over the 12 days now. We emailed the court with a copy of the letter sent giving us a further 28 day exyension.

Many Thanks again

[echat11]

Hi

Another update. Received a letter from Capquest today. Will have to type it out as it wont upload the picture.

Your Running Credit Agreement between xxxx and Capital One (now capquest investment ltd)(Capquest, us, or we) dated 15th March 2010 and numbered xxxxxxxxxxxxxxx (the "Agreement")

This notice is about default sums and is given by us under the consumer credit act 1974.

The following default sums have become payable under the agreement:
31/3/23 issue fees £70.00
31/3/23 issue costs £70.00

The total amount of default sums included in this notice £140.00

This notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

INTEREST

We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if the sums are not paid in full by that date interest may be charged on the default sum at the rate allowed under the agreement. However, we waive any right we we may have to charge interest on the default sums stated in this notice meaning you will not have to pay interest on them.

Is this a letter with some of the information we have requested? Do we pay these costs? Still not had any credit agreement from them and its been over the 12 days now. We emailed the court with a copy of the letter sent giving us a further 28 day exyension.

Many Thanks again

a) Is this a letter with some of the information we have requested?

No, has the letter got a 'heading', like Default Notice? or any other information?

b) Do we pay these costs?

No, you need to know what they are doing?

c) Still not had any credit agreement from them and its been over the 12 days now. We emailed the court with a copy of the letter sent giving us a further 28 day exyension.

They've given an extension, so yes they should have provided it within 12 days, but they might have difficulty finding it. Wait and see what they send.

[Mischief10]

Hi,

No the letter just says in small writing on the right hand side "Notice of Default Sums"

Many Thanks

[echat11]

Hi,

No the letter just says in small writing on the right hand side "Notice of Default Sums"

Many Thanks

Update, when they send the documents.

[Mischief10]

Hi

So this evening, DHL have bought some documents from Capital One (the SAR we requested). Upon opening it, there is a letter addressed to us, saying some details might come separate, and then on the next page is someone elses details. Same name, different address and card number. Then it starts with our stuff on the next page. Letter says the debt was sold to capquest on 30/11/2012. There are some payment statements showing the money going up each month (presumably due to non payment) until 2016. Then it says we have to ask Capquest for further info. The money Capquest are asking for is half the amount on these statements. So still unsure if it is statue barred or not as he is thinking the reason it is less might be due to some PPI refund or something along those lines. There is also a copy of a credit agreement.

We have still not recieved anything from Capquest or Drydensfairfax. Defence needs to be in by 28th May.

What do we do with the other guys info? Do we presume this is statue barred or do i need to send a SAR request to capquest? What do we do now Capital One have sent the credit agreement?

Many Thanks

[echat11]

Hi

So this evening, DHL have bought some documents from Capital One (the SAR we requested). Upon opening it, there is a letter addressed to us, saying some details might come separate, and then on the next page is someone elses details. Same name, different address and card number. Then it starts with our stuff on the next page. Letter says the debt was sold to capquest on 30/11/2012. There are some payment statements showing the money going up each month (presumably due to non payment) until 2016. Then it says we have to ask Capquest for further info. The money Capquest are asking for is half the amount on these statements. So still unsure if it is statue barred or not as he is thinking the reason it is less might be due to some PPI refund or something along those lines. There is also a copy of a credit agreement.

We have still not recieved anything from Capquest or Drydensfairfax. Defence needs to be in by 28th May.

What do we do with the other guys info? Do we presume this is statue barred or do i need to send a SAR request to capquest? What do we do now Capital One have sent the credit agreement?

Many Thanks

Go through the documents from Capital One, does it answer the 'unknowns' in your first post? Things like when the last payments were made? Was it part of the payment plan, you really need to nail down the facts.

Are there any anomalies with the agreement?

Also post a reminder 5 days before your defence is due.