Drydensfairfax/Capital one Court Claim – Help

[ajk1211]

Hi all,
Hoping for a bit of advice regarding a County Court claim received on behalf of Drydensfairfax Solicitors acting for Capital One in relation to a credit card agreement.

The card is from around 2010 and usual scenario often not being able to keep up with payments before being passed to a DCA who i tried to negotiate a payment plan with, but they refused to accept. Perhaps wrongly i left it at that until the court claim has been received from Drydensfairfax.

In short i am looking for information on how best to proceed if possible please. I understand i need to complete the Acknowledgement of Service within 14 days and i intend to do this via MCOL but will the later i do this allow for longer time for a defence?

I also believe i should send a CPR letter (?) to Drydensfairfax in order to request copies of any information they hold such as a copy of the credit agreement, default notice, assignment notice etc?

How does one proceed if they do or dont have any of this information please?

I am happy to repay this money but i can only afford so much and of course really need to avoid a CCJ as it will mess things up in my life considerably

Thanks in advance for your help

[mystery1]

Re: Drydensfairfax/Capital one Court Claim – Help

In short i am looking for information on how best to proceed if possible please. I understand i need to complete the Acknowledgement of Service within 14 days and i intend to do this via MCOL but will the later i do this allow for longer time for a defence?

No you get 5 days for service 14 days plus 14 more for AoS so 33 days in total no matter when you do it.

I also believe i should send a CPR letter (?) to Drydensfairfax in order to request copies of any information they hold such as a copy of the credit agreement, default notice, assignment notice etc?

Probably. Depends on the amount really. For a small amount (not much more than £1000 or under) it'd be best, imo, to start costing them money in an effort to get the claim dropped by asking them to produce a correct statement of case properly signed and then making an application if they refuse. Without a rough guide to the size of the claim it's a guess.

A cca request, if not previously done, is probably a good idea.

How does one proceed if they do or dont have any of this information please?

http://www.legalbeagles.info/forums/...ic-information

M1

[ajk1211]

Re: Drydensfairfax/Capital one Court Claim – Help

Thanks very much M1, really appreciated

Its around £1200 inclusive of whatever charges etc have been added to the account! I will make sure to send the CPR letter asap and have seen a few templates onto what to write on here which is a real help

I honestly do not think they will have a thing and have gone down this route more in desperation than anything else

To clarify, CPR to Drydens and a CCA request to Capital One? Why would you goto Capital One aswell as would the CPR request not cover this already? Also, it means only dealing with the one 'enemy' rather than two!