Capquest County Court Claim Form Received

[Barnaby1]

Hi,

I received a County Court Claim Form from Capquest today via DrysdenFairfax Solicitors.
It relates to a Lloyds Credit Card. The strange thing is that I believe it is actually for a different credit card debt that I have been disputing since 2009.

The Credit Card I believe it relates to was taken out in 2002 and my last payment was May 2009. I asked for a copy of my agreement back in May 2009 and received a response stating they could not find one and then one saying they had sent it. After weeks of backwards and forwards I received a default notice on the 23rd July 2009 and a letter of termination on 5th August 2009. I complained to the Financial Ombudsman which was a waste of time. I also sent off for an SAR and only received a load of statements. The outstanding sum is around £9000 and I have never received a notice of assignment.

I am not sure what to do because the County Court Claim Form cannot be for Lloyds as the sum is different and it is also in my maiden name which Lloyds was not. I actually have a Statutory Demand on another thread from Lloyds running at the moment?

Could anyone give me some advice as to what to do?

thanks
Barnaby1

[FlamingParrot]

Re: Capquest County Court Claim Form Received

Could you scan or take a picture of the particulars of claim with a digital camera or phone, hoto: covering up all personal details, and post up here. :typing:

Your first step should be to acknowledge the claim and tick the box stating your intention to defend in full. You can do this online using the p/w that would have been supplied on your PoC. You have 14 days from the date of the claim to acknowledge (+ 5 days for service), once you do so you'll have a further 14 days to submit your defence.

Once you've acknowledged, you need to send a CPR 31.14 request for documents mentioned on the PoC as above, below is such a letter, which you will have to amend to suit. They'll usually have to alude to an agreement of some sort, a default and, when a debt purchaser issues a claim, assignment of the debt to them, which are the documents mentioned on the letter below.

The letter should be sent recorded delivery to Drydens Fairfax, I'd also send a copy to Capquest.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Capquest County Court Claim Form Received

The Credit Card I believe it relates to was taken out in 2002 and my last payment was May 2009. I asked for a copy of my agreement back in May 2009 and received a response stating they could not find one and then one saying they had sent it. After weeks of backwards and forwards I received a default notice on the 23rd July 2009 and a letter of termination on 5th August 2009.

Could you post up the documents, covering up your personal details? :typing:

I complained to the Financial Ombudsman which was a waste of time.

What was the nature of your complaint? The FOS doesn't get involved in issues regarding enforceability or lack of compliance with a s.78 CCA request.

I also sent off for an SAR and only received a load of statements. The outstanding sum is around £9000 and I have never received a notice of assignment.

This is what you'd normally be after when you send a SAR. Was there any PPI?

Did you ever get a letter before action from Drydens Fairfax? :noidea:

[Barnaby1]

Re: Capquest County Court Claim Form Received

Could you scan or take a picture of the particulars of claim with a digital camera or phone, hoto: covering up all personal details, and post up here. :typing:

Your first step should be to acknowledge the claim and tick the box stating your intention to defend in full. You can do this online using the p/w that would have been supplied on your PoC. You have 14 days from the date of the claim to acknowledge (+ 5 days for service), once you do so you'll have a further 14 days to submit your defence.

Once you've acknowledged, you need to send a CPR 31.14 request for documents mentioned on the PoC as above, below is such a letter, which you will have to amend to suit. They'll usually have to alude to an agreement of some sort, a default and, when a debt purchaser issues a claim, assignment of the debt to them, which are the documents mentioned on the letter below.

The letter should be sent recorded delivery to Drydens Fairfax, I'd also send a copy to Capquest.

Hi FlamingParrot.

Thanks for the prompt response again.

I have attached the County Court Claim Form as requested.

thanks
Barnaby1

[PlanB]

Re: Capquest County Court Claim Form Received

You need to remove your personal details from that

[Barnaby1]

Re: Capquest County Court Claim Form Received

Could you post up the documents, covering up your personal details? :typing:



What was the nature of your complaint? The FOS doesn't get involved in issues regarding enforceability or lack of compliance with a s.78 CCA request.

The complaint was due to lack of compliance with CCA request.

This is what you'd normally be after when you send a SAR. Was there any PPI?


Did you ever get a letter before action from Drydens Fairfax? :noidea:

I have attached the default notice and the termination letter.
I thought that they should send you any information that the c/c company has on you not just statements? I cannot recall any PPI or see any detailed on the statements.
I did receive a letter before action from Drydens Fairfax.

regards
Barnaby1

[Barnaby1]

Re: Capquest County Court Claim Form Received

Hi Plan B

I have double checked my end and cannot see my personal details?
Not sure what to do?

Barnaby1

[wales01man]

Re: Capquest County Court Claim Form Received

For some strange reason you can see your name and address when you scroll the image the details flash on and of with the black box doing the same?

[Amethyst]

Re: Capquest County Court Claim Form Received

You need to erase the personal bits on PAINT or photoshop then print to pdf before uploading. Putting a box over the top does sometimes do a reveal trick.

[Barnaby1]

Re: Capquest County Court Claim Form Received

ok thanks I have now deleted attachments and will try and upload again.

thanks
Barnaby1

[PlanB]

Re: Capquest County Court Claim Form Received

Hi Plan B. I have double checked my end and cannot see my personal details?
Not sure what to do?

I can see your home address. The good news is we're almost neighbours

I've flagged this up for site team to edit for you :typing:

[Barnaby1]

Re: Capquest County Court Claim Form Received

Ok guys hopefully these uploads will be better, you cannot beat a good old marker pen!!!

Please find attached DF, termination letter and County Court Claim form.

thanks
Barnaby1

[FlamingParrot]

Re: Capquest County Court Claim Form Received

The PoC mention the agreement, the default notice and assignment so it's fine to leave the CPR 31.14 request as is, just edit the date and claim details. You'll need to acknowledge online and state your intention to defend before sending the letter.

Looks like the default notice is compliant, they did give you enough time to remedy and only asked for the arrears. Let's see what they produce in response to your CPR request, especially with regards to the elusive agreement. :thumb:

Did you respond to Drydens' letter before action?

[Barnaby1]

Re: Capquest County Court Claim Form Received

I have now acknowledged online and stated that I am to defend.

Do I send the CPR to Drydens or to Capquest?

I did not respond to Drydens letter before action.

Barnaby1

[FlamingParrot]

Re: Capquest County Court Claim Form Received

I have now acknowledged online and stated that I am to defend.

Do I send the CPR to Drydens or to Capquest?

I did not respond to Drydens letter before action.

Barnaby1

I'd send the recorded delivery letter to Drydens and a copy to Capquest to keep them in the loop.