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Court Claim - capquest investments / capital one bank - 15-12-2014

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  • #16
    Re: Court Claim - capquest investments / capital one bank - 15-12-2014

    just rang them and it is stayed thankyou for your advice Anakat :tinysmile_grin_t:

    Comment


    • #17
      Re: Court Claim - capquest investments / capital one bank - 15-12-2014

      hi received this letter today
      the agreement included is a poor copy hardly readable
      and where it says my signature my name has been typed in ?
      how do I stand with this please
      also no default notice has been provided as I requested
      Attached Files

      Comment


      • #18
        Re: Court Claim - capquest investments / capital one bank - 15-12-2014

        There is no requirement to have your signature on the copy agreement. Any chance you can upload a copy of the agreement ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #19
          Re: Court Claim - capquest investments / capital one bank - 15-12-2014

          here is the agreement they sent
          Attached Files

          Comment


          • #20
            Re: Court Claim - capquest investments / capital one bank - 15-12-2014

            how do I stand please they say contact them or they will have the stay lifted and continue with court
            also what about the default ?

            Comment


            • #21
              Re: Court Claim - capquest investments / capital one bank - 15-12-2014

              Originally posted by peter s View Post
              here is the agreement they sent
              Originally posted by peter s View Post
              hi received this letter today
              the agreement included is a poor copy hardly readable and where it says my signature my name has been typed in ?
              how do I stand with this please also no default notice has been provided as I requested
              I'm not able to read the text on that agreement, is your own copy as illegible as the one you've posted up?
              The one thing I could see was 17/11/2011, was your credit card applied for at that time?

              Originally posted by peter s View Post
              how do I stand please they say contact them or they will have the stay lifted and continue with court also what about the default ?
              What was your defence? Was it based around the lack of documents? I see no mention of the default notice in their letter.

              If your own copy is as illegible as the one I've seen, that certainly is an issue, they should supply you a legible copy. See this: http://www.legalbeagles.info/forums/...932#post396932


              Is the date correct?

              Comment


              • #22
                Re: Court Claim - capquest investments / capital one bank - 15-12-2014

                Originally posted by FlamingParrot View Post
                I'm not able to read the text on that agreement, is your own copy as illegible as the one you've posted up?
                The one thing I could see was 17/11/2011, was your credit card applied for at that time?


                What was your defence? Was it based around the lack of documents? I see no mention of the default notice in their letter.

                If your own copy is as illegible as the one I've seen, that certainly is an issue, they should supply you a legible copy. See this: http://www.legalbeagles.info/forums/...932#post396932


                Is the date correct?
                yes my own copy they sent is as illegible as that and I think that date is correct
                yes my defence was based on lack of documents
                and yes no mention of default notice in their letter but it was requested

                Comment


                • #23
                  Re: Court Claim - capquest investments / capital one bank - 15-12-2014

                  any advice on what I should do please

                  Comment


                  • #24
                    Re: Court Claim - capquest investments / capital one bank - 15-12-2014

                    Originally posted by peter s View Post
                    yes my own copy they sent is as illegible as that and I think that date is correct
                    yes my defence was based on lack of documents
                    and yes no mention of default notice in their letter but it was requested
                    Did you open the account in 2011? Did you get a default notice when you stopped paying?

                    Even though you have received a copy of the alleged agreement, it fails on legibility. Otherwise there isn't much to argue with regards to prescribed terms, etc. as it's so recent (2011). If you have your own DN and it was non-compliant, it could also help.

                    Unless you are willing to settle with them, you'll just have to wait and see if they do apply to the court to lift the stay and move forward with the case. :clock:

                    Comment


                    • #25
                      Re: Court Claim - capquest investments / capital one bank - 15-12-2014

                      I have no copy of a default notice and do not remember ever getting one
                      yes account was opened in 2011
                      and I cant afford to settle I only work part time and struggle as it is

                      Comment

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                      SHORTCUTS


                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
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                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

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                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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