Court Claim - Capquest investments ltd / Capital one - 6-10-2014

[stevebo]

Received a claim? Yes
Issue Date: 6-10-2014
Amount approx: £1064
Claimant: Capquest investments ltd
Solicitor: Drydensfairfax
Original Credit: Capital one

Particulars of Claim:
1. The claim is for the sum of £934.82 in respect of monies owing by the defendant on a credit agreement held by the defendant with capital one bank plc under account number xxxxxxx upon which the defendant has 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 Capital One bank (Europe ) Plc 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.

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
Have previously obtained my signed credit agreement from capquest prior to receiving court papers

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

capquest court papers recieved
Hi guys I really hope you can help, bit of a long story but here goes,
I took out a credit card with cap1 in 2004, in 2008 I lost my job and tried to claim back charges on my card and was offered £200 of around 700 plus interest I declined this offer.
at the same time I defaulted on my payments and the debt was passed to capquest
I informed capquest the debt was under dispute they investigated and passed the debt back to cap 1
cap 1 then sold the debt back to capquest
capquest have been hounding me for payment since Jan 09 and I just keep responding with the alleged debt is under dispute
my last payment was in april 2008 the default was served in may 2008 so I assume since I have made no further payments nor acknowledged the debt it should be statute barred?
I recently received a letter from drydensfairfax solicitors threatening court action if I did not pay and on Oct 6 received court papers from Northampton
I have acknowledged the court papers online and said I intend to defend all the claim £934.82, I just need some advise on wording as I would like to defend on two points 1, the debt has always been under dispute and 2 it should be statute barred
thanks in advance

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Anybody on here able to help please not sure what to write ?

[FlamingParrot]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Anybody on here able to help please not sure what to write ?

Welcome

I'm sorry your thread seems to have been missed.

capquest court papers recieved
Hi guys I really hope you can help, bit of a long story but here goes,
I took out a credit card with cap1 in 2004, in 2008 I lost my job and tried to claim back charges on my card and was offered £200 of around 700 plus interest I declined this offer.
at the same time I defaulted on my payments and the debt was passed to capquest
I informed capquest the debt was under dispute they investigated and passed the debt back to cap 1
cap 1 then sold the debt back to capquest
capquest have been hounding me for payment since Jan 09 and I just keep responding with the alleged debt is under dispute
my last payment was in april 2008 the default was served in may 2008 so I assume since I have made no further payments nor acknowledged the debt it should be statute barred?

It certainly should be! :grin:

I recently received a letter from drydensfairfax solicitors threatening court action if I did not pay and on Oct 6 received court papers from Northampton
I have acknowledged the court papers online and said I intend to defend all the claim £934.82, I just need some advise on wording as I would like to defend on two points 1, the debt has always been under dispute and 2 it should be statute barred
thanks in advance

You've taken the first step which is to acknowledge. Normally you'd send a CCA request to the creditor (Capquest) and a CPR 31.14 request for documents to the solicitors (Dryden Fairfax) as noted below:
2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

However, if you are positive the debt is statute barred, you could just submit a SBd defence, SBd is an absolute defence. :thumb:

See here for an example: http://www.legalbeagles.info/forums/...957#post390957

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

thanks so much will get onto this straight away and keep you posted

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hi guys just a quick update I still haven't received anything from Fairfax or capquest! Am I right in thinking I have to submit the defence by 08 Nov ( 06 Oct + 33 days ) ? Thanks

[Amethyst]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Yes that's right. Best start on drafting the defence then to put in next week.

When did you get the signed agreement through from Capquest - how long before the court claim ?

Are there any issues with it ?

Do you have any examples of the letters you sent since 2008 regarding the account being in dispute - to see if they constitue acknowledgment - I'm thinking they will as you have been stating that the account is in dispute due to charges.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Thanks for replying that's a bit worrying you may be right, I got the signed credit agreement from capquest probably about 2 years ago I cant see any problems with it ill try and post a couple of letters I sent to see what you think

[Amethyst]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hiya, Sorry I think that would be construed as acknowledgement of the debt. See what others reckon though.

If the last time you got the credit agreement was 2 years ago, they still have to produce the agreement now for it to be enforceable. So that isn't an issue, but of course if you got one then, from the same company, it's likely they'll be able to send it again.


Sharon
xx

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Yeah Im tending to agree with you not sure what to do now

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hiya, Sorry I think that would be construed as acknowledgement of the debt. See what others reckon though.

If the last time you got the credit agreement was 2 years ago, they still have to produce the agreement now for it to be enforceable. So that isn't an issue, but of course if you got one then, from the same company, it's likely they'll be able to send it again.


Sharon
xx

That letter would surely be classed as an acknowledgement of the debt even though it starts off with "alleged debt". Basically its challenging the amount of the debt not its existence or the defendants liability. Unfortunately that makes Limitations a non starter.

It's not possible to comment on the agreement without seeing it and I don't think you've posted it?

Your letter implies that in 2009 the amount due back from the charges was 19p more than the balance, but it's not clear how that was calculated. If that was the case then what is the reclaimable figure now for charges + interest at 8%? I'm presuming that you didn't reclaim the charges then, is that correct? If that's the case then there becomes a Limitation issue with you reclaiming them now as some of them look to be over 6 years old.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hi Ill try to get a copy of my credit agreement up.
the charges were around £700 + interest at that time. ive got no idea how to work out the interest to present date

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hi Ill try to get a copy of my credit agreement up.

That's just an application form for a card that doesn't contain all the prescribed terms or have the full terms & conditions applicable at the time. Is that all they sent you? Was this in response to a CCA request and when was that done?

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

the charges were around £700 + interest at that time. ive got no idea how to work out the interest to present date

Here you will find a calculator to work out the total of the charges + interest at 8% since they were applied.
http://www.legalbeagles.info/forums/...ffice-versions

The problem now is that you have left these so long and Limitation looks like it will have pushed a lot of them back beyond 6 years, making it much more difficult. Years ago you could argue against Limitation on the grounds that the true nature of the charges was concealed, so you could not have claimed them earlier, but as you started a claim so long ago that probably won't work.

Another alternative might be to see how many charges still come within 6 years to date, and how the interest tots that up. You could also look at claiming compound interest on the charges within the 6 years, but I'm not up to date on how that options looks at present.

What I'm thinking here is that if the charges + interest can be shown to exceed the claim then that's another line of defence, or rather a counterclaim to cancel out the claim.

Interested to see what the charges are within the last 6 years and also what others think.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

no sorry this was attached as well it was in response to a CCA request that was around 2 years ago