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Hi All:beagle2222:
hope you dont mind I have moved my thread to this forum as I was in general debt.
By way of background I have received a ccj claim form from capquest for an HBOS credit card for the sum £9k. The original cc was taken out in 1997/8. I got into a mess in 2006 and entered a DMP at the time the debt was at about 12k but this included PPI and charges ( i didnt claim) they failed to default me for 3 1/2 years and continued to add charges and interest. I stopped paying the DMP in 2011/12. I got the odd threatogram but chose to ignore (stupid yes)
the particulars of the claim are:
the claim is for the sum of £9k in respect of monies owing by the defendent on a credit agreement held by the defendent with
lloyds banking group
under account number XXXXX upon which the defendant failed to maintain payments
a default notice was served upon the defendant and not complied with
by virtue of sale agreement between lloyds banking group and yje claimant, the claim vested in the claimant who has genuine commercial interest. the defendant has been notified of the assignment by letter
any way your help has been invaluable - thank you flaming parrot so far but would just like some futher advice if I am not pushing my luck
*Update and questions*just an update of where i am:
I would be grateful if you could help with a couple of queries:
1) Timings: CCJ claim was issued on 18th Feb therefore i make the latest date for response 22nd March (28+5 = 33 days from date of claim) is that correct?
2) "chasing the CPR 31.14. I sent the letter on 24th it was signed for on 26th - do i count 7 days from postage or receipt? I am assuming i chase the solicitors in the first instance though i suspect they will have just forwarded it to capquest
3) requesting extensions I am assuming that i request the extension to defend my case from 14 days of the section 18 and CCA being sent? (again is that the date of sending or receipt) as i know this can take time - or do i not bother chasing at all and file defence?
4) My defence I very much doubt they will have the signed credit agreement as this was issued in 1997 or 8 - i understand that they can in these instances send an unsigned reconstructed copy am i right that even if the CCJ goes through they can not enforce without this ? i.e they cant make me pay
I want to get my defence up and running this weekend so I have time to prepare adequately. I am preparing on the basis that they will not have the paper work to prove the debt and how it has been calculated . I understand that i must refer to the key points of law so am proposing to draft as follows (will put into legalese over the weekend but just want to make sure I am on the right line)
1) That the particulars of the claim are vague and do not allow me to file a proper defence
2) i cant defend the contract as one has not been supplied despite being requested on XXX I have asked them for it and given adequate time but they have not complied as per CPR 31.14
4) the claiment has not stated when the contract started or how the sums have owed have been calculated
5) the claiment has not supplied documents reasonably claimed for and has yet to show proof of
a) that a credit agreement was entered into with capquest
b) how the sum owed is calculated
c) that they have been assigned the debt
does that sound right
thanks again for all your help - I am so very grateful
hope you dont mind I have moved my thread to this forum as I was in general debt.
By way of background I have received a ccj claim form from capquest for an HBOS credit card for the sum £9k. The original cc was taken out in 1997/8. I got into a mess in 2006 and entered a DMP at the time the debt was at about 12k but this included PPI and charges ( i didnt claim) they failed to default me for 3 1/2 years and continued to add charges and interest. I stopped paying the DMP in 2011/12. I got the odd threatogram but chose to ignore (stupid yes)
the particulars of the claim are:
the claim is for the sum of £9k in respect of monies owing by the defendent on a credit agreement held by the defendent with
lloyds banking group
under account number XXXXX upon which the defendant failed to maintain payments
a default notice was served upon the defendant and not complied with
by virtue of sale agreement between lloyds banking group and yje claimant, the claim vested in the claimant who has genuine commercial interest. the defendant has been notified of the assignment by letter
any way your help has been invaluable - thank you flaming parrot so far but would just like some futher advice if I am not pushing my luck
*Update and questions*just an update of where i am:
- [*=center]AOS done.
[*=center]CCA sent to capquest and copy sent to DF solicitors
[*=center]CPR 31.14 and section 18 sent to DF and copy sent to Capquest - SAR sent to HBOS
all sent recorded all received have printed out confirmation and filed with letters (sent each one separately so they cant deny receipt )
I would be grateful if you could help with a couple of queries:
1) Timings: CCJ claim was issued on 18th Feb therefore i make the latest date for response 22nd March (28+5 = 33 days from date of claim) is that correct?
2) "chasing the CPR 31.14. I sent the letter on 24th it was signed for on 26th - do i count 7 days from postage or receipt? I am assuming i chase the solicitors in the first instance though i suspect they will have just forwarded it to capquest
3) requesting extensions I am assuming that i request the extension to defend my case from 14 days of the section 18 and CCA being sent? (again is that the date of sending or receipt) as i know this can take time - or do i not bother chasing at all and file defence?
4) My defence I very much doubt they will have the signed credit agreement as this was issued in 1997 or 8 - i understand that they can in these instances send an unsigned reconstructed copy am i right that even if the CCJ goes through they can not enforce without this ? i.e they cant make me pay
I want to get my defence up and running this weekend so I have time to prepare adequately. I am preparing on the basis that they will not have the paper work to prove the debt and how it has been calculated . I understand that i must refer to the key points of law so am proposing to draft as follows (will put into legalese over the weekend but just want to make sure I am on the right line)
1) That the particulars of the claim are vague and do not allow me to file a proper defence
2) i cant defend the contract as one has not been supplied despite being requested on XXX I have asked them for it and given adequate time but they have not complied as per CPR 31.14
4) the claiment has not stated when the contract started or how the sums have owed have been calculated
5) the claiment has not supplied documents reasonably claimed for and has yet to show proof of
a) that a credit agreement was entered into with capquest
b) how the sum owed is calculated
c) that they have been assigned the debt
does that sound right
thanks again for all your help - I am so very grateful
Last edited by lowlowlola; Yesterday at 14:31:PM. Reason: factual updates
but you sound like you are on top of things. It is good they haven't replied to the cca request, if the account is from the 90's then it is unlikely the will be able to supply a compliant agreement.
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