Court Claim received for Capquest/Vanquis account

[PippinJ]

Hello,

I'm hoping to get a little advice on a Court Claim letter I received a couple of days ago:

It is from Northampton County Court and is in relation to a debt I have had with Vanquis for a few years now(defaulted in 2012 according to my credit file), which Capquest have now taken on: the amount on the claim is for £1591.60 including court and solicitor(Drysden Fairfax) fees.

The original amount owed was less than £1000. I do not recall receiving anything from Capquest about this, and it's been years since Vanquis contacted me.


Particulars of Claim:


1. The claim is for the sum of £1446.60 in respect of monies owing by the defendant on a credit agreement held by the defendant with
Vanquis
under the account number 68259J upon which the
defendant failed to maintain payments.


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


3. By virtue of a sale agreement between
Vanquis
and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.


Contact drydensfairfax solicitiors on: 0113 823 3430.


I logged into the portal last night and completed the AoS; I figured that with the letter being dated 20/2/2014 I best act. I am not sure if I have done the right thing in completing the AoS but after a little research I thought maybe I could find some reason to defend this:

- I don't recall signing any agreement.

- The amount is much higher than I can remember.

- I can't recall receiving a default notice - I haven't lived at the address on the form for many years(it's my mothers address), however I did use that address when I was at Uni. If I receive any mail at the address my mother gives it to me, and I wouldn't have ignored the default notice if I did indeed receive one.

If the above isn't grounds for a defence can I just pay the amount, or is it too late not I've submitted the AoS? If I can still pay it off what windows do I have to pay the amount without incurring a CCJ. And If a CCJ is awarded against me is there any time to pay it off and get it removed? I'm sure I read one month after it's awarded against me I can pay it all off and stop it going on my file?

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Any advice on what I should do next would be greatly appreciated, even if you tell me to just ring Capquest and pay it. I really don't want a CCJ and will do what's necessary to defend it/get it sorted.

[Amethyst]

Re: Claim received for Capquest/Vanquis account

Completing the AoS is correct so you're fine so far.

It sounds like you might benefit from sending a CCA request to the claimants ( Capquest ?) as they now own the debt.

CCA Request Letters


That should show up whether they are actually in any position to claim the debt at all. Do you recall when the Vanquis account was opened and whether it might have been applied for online?

That will need sending with a £1 postal order.

With regards to the amount you can ask Vanquis or Capquest for a statement of the account showing how the amounts have been made up. They don't tend to answer any questions once they are at court claim stage so you could ask for the information you need under the Civil Procedure Rules 31.14
CPR 31.14 Request Info

You can ask for information mentioned in the statement of claim so the default notice, the agreement, the assignment notice, possibly the sale agreement between Vanquis and Capquest (interestingly maybe) and how the amount is made up.


Asking for all this information doesn't stop you subsequently deciding to make an offer to pay either through the courts or negotiating directly with the claimants but best to get all the information first to see whether they could actually obtain a CCJ in any case.

What's the defaulted amount showing on your credit file?

Shout if you have any problems or questions at all

Kind regards

Sharon

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Thank you very much for getting back, and of course for the advice.

The account was opened back 2009 or 2010, and I applied for it online. I am not sure if they sent me anything to sign...

So I should send the CCA letter to Capquest and the CPR to both Capquest and Vanquis asking for all the information they've stated in the POC?

How long does it usually take for these people to get back with the information, and if they don't produce it can I have the case dropped?

The defaulted amount was for £1,446, so consistent with that they're asking for...

I will report back on this thread if that is ok? I have no idea what grounds I need to have this dropped, or at least reduced.

[Amethyst]

Re: Claim received for Capquest/Vanquis account

Okay thanks for that.

Okay account opened online in 2009/2010 its quite likely they will be able to produce the relevant documents under the CCA - still send the letter to Capquest - but I expect it will come back with the documents.

If you stopped paying the Vanquis card off when it was about £1000 it's not entirely unreasonable that it has increased to £1400 odd with interest and charges etc before defaulting you.

The default notice is quite simple for them to get around so I wouldn't put a huge amount of store in that.

As it is quite recent (in debt terms) then its unlikely, as you don't dispute the debt, that you'll have to sort out paying it. You can negotiate with the solicitors for a settlement out of court (usually under a tomlin or consent order that the claim is withdrawn and your payment is full and final and account closed) I don't know if you are in a postion to do that, but if you'd be admitting through court it's worth a shot offering them a lump sum settlement as they'd rather that than minimal payments over a long period whichyou'd ask for if you admitted through the court. If you can't do a lump sum then they might be happy to accept installments (higher than they'd get through court) on the basis that the claim remains stayed in court and they can have the CCJ if you stop payments.


You have 28 days from when you received the claim form to decide and the acknowledgment and intend to defend isn't binding at all.

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Thanks again for the advice.

Looks like I'm going to have to pay this one way or another. Shall I ring them and see what they are willing to accept to avoid this going to court? I can probably pay a few hundred a month, will that pacify them and stop this going to court?

I have no experience with these sort of people so I'm not sure how reasonable they can be? If my defence is likely to fail then I'd rather start making progress with the people I need to pay off

[Amethyst]

Re: Claim received for Capquest/Vanquis account

I would think so, I don't have much experience with Drysden Fairfax I'm afraid but most solicitors are less scary than they sound, of course you might get an arse, in which case just withdraw politely and email them instead. You want a consent order withdrawing the claim with no costs on the basis you pay £XXX a month for X months. If they send you over a consent order then post it up here before signing anything. It's worth a shot anyway

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ok, thank you.

So I will give up on requesting he information and so on, and just contact them asking for some sort of deal whereby I pay it up in instalments and avoid a CCJ. If only I could ask them to remove the bloody default too!

[Amethyst]

Re: Claim received for Capquest/Vanquis account

lol, might be pushing it a bit.

It really is up to you, you can go through getting the documents etc to help with a possible defence to the claim (eg non compliance with the CCA 1974) but as it's a 2010 online application I think the chances of non compliance (sending you copies or not having prescribed terms) are quite limited.

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ha yes, thought so. This all came to light because of a mortgage application that failed on my end, thus I'm in the bad books with the missus already because of the default which runs until 2018, adding a CCJ to that will only increase her anger.

All the advice I've received so far says I don't have much case for defence and I should try and come to some sort of arrangement, I will bite the bullet and just speak to them directly. I do owe the money but it's the extra £500+ they're asking for that irks me, and the fact I've not received any hassle prior to the CCJ Claim.

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Just spoke to Drydens and they refused to accept any sort of deal. The woman seemed pleasant enough but informed me that I either paid in full or received the CCJ.

If I can't get raise the funds before it's awarded against me I still have a month after I receive it to pay it in full right?

[mystery1]

Re: Claim received for Capquest/Vanquis account

If I can't get raise the funds before it's awarded against me I still have a month after I receive it to pay it in full right?

Yes.

However as it's drysdenfairfax and they are not helping, i'd imagine they have signed the form in the company name rather than an individual (they did with me) and i'd ask them to rectify this, failing which i'd apply for the claim to be struck out.

If you play hard it might ease the negotiations into acceptong a lesser sum or they may even give up.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

i'd imagine they have signed the form in the company name rather than an individual (they did with me) and i'd ask them to rectify this, failing which i'd apply for the claim to be struck out.
M1

They've done exactly that.

I figured I would try and come to some sort of agreement with them and save it being dragged out, but they're not interested/willing so I figure I'll just have a shot at defending this. My logic could be wrong but if I have to pay the full amount I may as well give it a go, if i fail in my defence I'll have bought myself some time to raise the funds to pay it. I can't understand why they would rather it go to court and then receive minimal payments for a prolonged period than to receive much larger sums over a few months.

I did also mention that if it receive the actual CCJ then I will still have time to pay it - she denied this and said that even if I did pay it up within the first month of it being awarded against me then I will be stuck with the CCJ on my credit file anyway.

Any advice on my next move would be really appreciated...

[mystery1]

Re: Claim received for Capquest/Vanquis account

If you pay within 28 days your record is wiped clean (of this one claim). 29 days or more and it should remain on your file for 6 years.


This will end up in the small claims track but there are some costs, all be it they are limited. Small claims track is only after allocation which is after a defence is entered.

Should you wish to contest, the first thing i'd do is to tell them the particulars of claim are not signed and if they don't sort it you'll apply to have the claim struck out.

http://www.justice.gov.uk/courts/pro...es/part22#22.1

Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case;


(6) The statement of truth must be signed by –
(a) in the case of a statement of case, a response or an application –
(i) the party or litigation friend; or
(ii) the legal representative on behalf of the party or litigation friend

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).


http://www.justice.gov.uk/courts/pro.../pd_part22#3.1

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.



Should you decide to go for a strike out you will need to pay for an application (£80 or £45 without a hearing) unless you qualify for fee remission. Should they contest and win the hearing you'll have to pay their costs. They have, as you can see above, broken the rules so if you ask them to fix it and they don't the judge should grant an application for strike out or at worst alter your application to an unless oredr for compliance with the rules. I.E. fix it by xxxx or the claim is struck out.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

If you pay within 28 days your record is wiped clean (of this one claim). 29 days or more and it should remain on your file for 6 years.

Is that within 28 days of receiving the claim form, or 28-days after you have the CCJ against you?


This will end up in the small claims track but there are some costs, all be it they are limited. Small claims track is only after allocation which is after a defence is entered.

Should you wish to contest, the first thing i'd do is to tell them the particulars of claim are not signed and if they don't sort it you'll apply to have the claim struck out.


http://www.justice.gov.uk/courts/pro...es/part22#22.1


Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case;



(6) The statement of truth must be signed by –
(a) in the case of a statement of case, a response or an application –
(i) the party or litigation friend; or
(ii) the legal representative on behalf of the party or litigation friend


Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).


http://www.justice.gov.uk/courts/pro.../pd_part22#3.1


3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.

Should I do that now or after I have request the information using the CCA and CPR letters?

Should you decide to go for a strike out you will need to pay for an application (£80 or £45 without a hearing) unless you qualify for fee remission. Should they contest and win the hearing you'll have to pay their costs. They have, as you can see above, broken the rules so if you ask them to fix it and they don't the judge should grant an application for strike out or at worst alter your application to an unless oredr for compliance with the rules. I.E. fix it by xxxx or the claim is struck out.
M1

If they do amend the document does the process start all over again or do they win outright and I receive the CCJ?

Sorry for my dragging this out, and even more so for my constant questioning, I just don't know what the next step is for me - I have only just completed the AoS so that gives me time to decide on what do next, I just don't want to spaff it up...