Drydens Fairfax/Citicard/Capquest

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

The account number quoted doesn't look anything like a Citi card number, but I'm guessing that's the number Capquest have assigned it

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

You are lucky in that they mention credit agreement, default notice and notice of assignment in the claim, this means you are fully entitled to ask for this in the CPR31.14

(you can only ask for documents detailed (or alluded to) within their particulars of claim)

I would imagine a request for statements showing how the balance claimed has been reached would also be reasonable in the CPR 31.14 request.

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Ok I am going to sit down and do all this tomorrow morning, when my braiin is a bit clearer. I have managed to delete the attachments (I hope) - I don't need to repost them I presume? Thanks for your help tonight - much appreciated, no doubt we will speak again tomorrow.

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

OP,

I need to go at 9PM, but I'll be back on late tomorrow morning and hopefully others will look in

Follow the instructions I've put above and I'll answer any Q's (to the best of my ability!) tomorrow

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

LOL, just seen your post

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

If you can repost the docs minus the personal details, account number, claim number, barcodes and amounts then others can assist as well as me

Have a good evening

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Have replied to all your questions in one reply, as I got bombarded with emails last night.

1. Have defended the claim online now.
2. This might be my debt but it was prior to 2007 and certainly nowhere near that amount (could be £1000) and I have heard nothing since 2007.
3. Have re-posted the letter and claim here (with personal details deleted this time).
4. Can't recall having received default letter - if so, it was prior to 2007.
5. I am almost certain I never received a letter of assignment.
6. I moved house in 2007 (from the address where I had the Citicard), again in 2009,and again in 2012. (NB on my credit file there are no records of any searches for me relating to this). All of my debts/accounts etc. came with me.

It might be worth mentioning that I had major illness/hospiitalisation/surgery in 2006 which resulted in me falling behind with many payments. As far as I am aware everything is sorted now, and I have taken out credit since with no problem (surely if this was on my credit file I would not have been able to do this?)

That's as far as I have got - do I now need to do the CPR 31.14?

Many thanks.

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Hi,

OK, so it's quite possible they'll claim the Default notice, Notice of assignment etc was served at an old address (but then how come the managed to serve a court claim to the new address?!)

This is certainly interesting in that I can't see anyway that a debt of £1k (or below) could have ballooned to £3k+

So yes, for now, please carry on and compile a CPR 31.14 letter granting them 7 days to supply the information, then post here minus your personal details so we can advise if it needs editing

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Err...have to say, your details are quite visible under the post it!

:tinysmile_aha_t:

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Have deleted the 2 attachments now, will attach later - thanks for that.
Will do the CPR 31.14 later - do you mean let you see it before I send it?

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Yep!

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

I haven't got Word on my laptop so can't do the document on there. I have tried and tried to print but am unable to do so. Surely if I just send the letter without alteration just inserting my details you don't need to see first? Am presuming it is the first letter on your templates I need to do? Then I can send to Drydens by 1st class mail? Do I also need to send a copy to Northampton Court? Sorry but I've never done anything like this before and am totally confused. Did you need to see what I wrote on the dispute part of the claim form (I already sent it online to the Court).

Sorry to be so thick!

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

I haven't got Word on my laptop so can't do the document on there. I have tried and tried to print but am unable to do so. Surely if I just send the letter without alteration just inserting my details you don't need to see first? Am presuming it is the first letter on your templates I need to do? Then I can send to Drydens by 1st class mail? Do I also need to send a copy to Northampton Court? Sorry but I've never done anything like this before and am totally confused. Did you need to see what I wrote on the dispute part of the claim form (I already sent it online to the Court).

Sorry to be so thick!

Hi,

re the response, so long as you stated an intention to defend all, should be fine



As for the CPR 31.14, yes, should be able to go with this:

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

1. Agreement / Contract with original terms and conditions
2. Default Notice (including proof of service)
3. Assignment (including proof of service)
4. Formal Demand
5. Evidence of how the balance claimed has been calculated

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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely




Your Name

[ncf355]

Re: Drydens Fairfax/Citicard/Capquest

Note that I have added 5. to the above as I think it's entirely reasonable to request this within the CPR 31.14 request

(especially in your case where at least £2k of the amount appears to be a mystery)

[rehtaeh57]

Re: Drydens Fairfax/Citicard/Capquest

Thats brilliant will type up and send to Drydens - do I need to send to Court as well?

What date do I put for filing defence ?