Claim Form from Northampton County Court

[Mischief10]

Hi

The payments aren't so clear. It doesn't show any payments into the account since 2013, just shows the balance going up and up? It would show as credits if it was part of the payment plan surely?

What do we do with the information they sent that doesnt belong to us? Its definitely a different card number and address. Just the same name.

[echat11]

a) The payments aren't so clear. It doesn't show any payments into the account since 2013, just shows the balance going up and up? It would show as credits if it was part of the payment plan surely?

Have they sent notes for the account? Anything in there?
What is the last statement date? Does the amount stated in the last statement tie up with the amount on the Court claim?

b) What do we do with the information they sent that doesnt belong to us? Its definitely a different card number and address. Just the same name.

Regarding the wrong info you've been sent, contact the ICO, they have a 'chat' facility.

[Mischief10]

Hi

The amount in the very basic statements we have recieved from Capital One is double the amount almost than the CCJ. I can't see any payments or credits into the account,just the balance increasing every month presumably from charges etc as the card was cancelled in 2013.. The statements are to 2016, so it can't of been part of the step change payment plan.

We have 5 days left to submit defence with no correspondence from drydensfairfax or capquest since I last posted giving us an extension. Capital One have however supplied the credit agreement from the SAR request. Where do I go from here?

Many Thanks

[echat11]

You have most of the information to prepare your Defence, have a go, then copy and paste it on to this thread, remove all personal information. Then I can have a look.

https://legalbeagles.info/library/gu...-court-claims/

Do you know when the account was opened?

[Mischief10]

Hi,

The account was opened in 2010

[Mischief10]

Also, is there a difference between a Notice of Default and a Starement of Default? Just had another look through the stuff capital one have sent and the is no notice of default, only a statement of default.

[echat11]

Also, is there a difference between a Notice of Default and a Starement of Default? Just had another look through the stuff capital one have sent and the is no notice of default, only a statement of default.

What does it say?

[Mischief10]

Hi,

Well as I explained, they sent something that doesn't belong to us. That is a Notice of Default served under section 87 (1) of the consumer credit act 1974. The next page is addressed to us, and is only a statement of default that states the account has been terminated and the nominated representative will be in touch shortly. The dates on the letters marry up with the first being 10/05/12 and the second 25/05/12 but the notice of default definitely belongs to someone else, which I have emailed capital one to inform them.

[echat11]

Hi,

Well as I explained, they sent something that doesn't belong to us. That is a Notice of Default served under section 87 (1) of the consumer credit act 1974. The next page is addressed to us, and is only a statement of default that states the account has been terminated and the nominated representative will be in touch shortly. The dates on the letters marry up with the first being 10/05/12 and the second 25/05/12 but the notice of default definitely belongs to someone else, which I have emailed capital one to inform them.

O.K. so they haven't sent you a copy of the Default Notice.
If you have a go at your Defence.

[Mischief10]

Hi,

Had a go at the defence. Just unsure on the stuff i have not yet changed.

In the Northampton County Court Business Centre
Claim No: [XXXXX]
Capquest Investments LTD
Claimant
And
[Defendants Name]
Defendant
DEFENCE

1.The Defendant received the claim [Claim Number] from Northampton County Court on 08/04/2023.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Capital One for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from Capital One to Capquest on [Date]. The Defendant does not recall receiving notice of this assignment. We have not seen a date for this, only on the SAR info from Capital One direct. see details below

9.It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 09/04/23 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Drydensfairfax has not sent any of these documents to the Defendant.

12.On the 09/04/23 The Defendant sent a formal request for a copy of the original agreement to Capquest Investments Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. Im not sure which one this is

14.The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so. Is this right seen as they asked for a further 28 days?

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________
Dated ________


Also, we have received a letter from Capquest today. It reads:

Please find below a statement in relation to your running account credit agreement which is regulated by the Consumer Credit Act 1974. The statement period covered is 1st Dec 2022 to 30th April 2023.

Then it gives account details.....with the date of original agreement being 15/03/2010 (BUT the SAR info we recieved from Capital One says its the 13/03/2010), then it says the date of assignment to Capquest is 03/12/2012 (SAR info states 30/11/2012). Then it goes on about paying, and shows the £140 court costs added on. Do we need to put anything about the SAR info in the defence? All these dates are different and don't marry up. I am so confused by it all, especially as he has since had two cards with capital one and paid them off! Stressed! Many Thanks for all your help.

[echat11]

a) You are doing well, you've noticed anomalies, which is good.

You have conflicting information with what has been sent to you.

The CCA request (they haven't sent a CCA, they've sent a Statement of Account) opened dates conflict with the information in the SAR. Same with Assignment date. I don't think they have responded to your CPR31.14 request yet.

b) Read through your defence to make sure it's correct.

The email address for the Court is ccbcaq@justice.gov.uk , you will get an automatic acknowledgement of receipt.

In the email subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

c) Remember to send the Claimant's solicitors a copy, make sure you get Proof of Postage.

In the Northampton County Court Business Centre
Claim No: [XXXXX]
Capquest Investments LTD
Claimant
And
[Defendants Name]
Defendant
DEFENCE

1.The Defendant received the claim [Claim Number] from Northampton County Court on 08/04/2023.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Capital One for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant's Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from Capital One to Capquest but fails to give a date. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 09/04/23 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. Drydensfairfax has not sent any of these documents to the Defendant.

12.On the 09/04/23 The Defendant sent a formal request for a copy of the original agreement to Capquest Investments Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14.The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however to date the Claimants has failed to do this.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________
Dated ________

[Mischief10]

Hi, thanks for that. Do we put anywhere that we have the SAR info from capital one? And do I admit I know the dates, as I only know some of them from the SAR info, and the fact there are anomalies with the dates? Do we not mention any of this at this stage?

Many Thanks

[echat11]

Hi, thanks for that. Do we put anywhere that we have the SAR info from capital one? And do I admit I know the dates, as I only know some of them from the SAR info, and the fact there are anomalies with the dates? Do we not mention any of this at this stage?

Many Thanks

a) Do we put anywhere that we have the SAR info from capital one?

No, the SAR wasn't essential to send, but gives you a lot of information on the account.

b) And do I admit I know the dates, as I only know some of them from the SAR info, and the fact there are anomalies with the dates?

No, because you are responding to their statement of case, which appears on the claim form, they don't state any dates.

c) Do we not mention any of this at this stage?

No, you are still waiting for them to comply with your requests, i.e. CCA and CPR31.14.

[Mischief10]

Hi

We have received two letters this week. One is from the court saying the following:

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.


The other, is from Drydensfairfax saying they acknowledge receipt of the defence/part admission (????) filed in the County Court Business Centre. We are currently seeking our clients instructions and we will write to you upon receipt of the same. No further action in respect of this claim will be taken until we have our client's instructions.

Also this week, another letter has appeared from Capquest saying his account will now be managed by Opos Ltd, and its about a Shop Direct Mail Order with a balance of £165. Where are these coming from? Again, he has no idea what it is, or who its from as his ex wife used to apply for everything in his name! How do I find out if this is statue barred (if thats possible) before it goes to court, and who do i ask for the info?

Again, i am so very grateful to you for all your help

[echat11]

a) The Court's letter is standard.

b) The Drydensfairfax letter is standard.

c) Where are these coming from?

I don't know, but as you say, might be accounts the wife set up, but just left to accumulate debt.

d) Again, he has no idea what it is, or who its from as his ex wife used to apply for everything in his name! How do I find out if this is statue barred (if thats possible) before it goes to court, and who do i ask for the info?

Send a SAR request to Shop Direct. Make sure you get Proof of Postage.