Capquest, drydens, lloyds, and me 1 (help)

[MrsJ]

I've had a valentines card from Northampton

This is a Lloyds credit card which has been in dispute since 2008 over a PPI claim, the claim is also with the Financial Ombudsman as Lloyds recently made a payment which I told them was still not good enough, and I will use it as a part payment towards the amount I think is due.

The default date shown on noodle is 17/04/2009

Could you give me any guide lines please on the way forward.

[MrsJ]

Re: Capquest, drydens, lloyds, and me 1 (help)

We sent the letters out, to Drydens and Capquest and have received nothing back at all which is very surprising. We also sent out a section 18 request for further information regarding the last payment made, when it was made and how. Still
nothing from them at all, the defence for this one needs to be in next week as well.
Has anyone any ideas on the way forward?
Thanks.

[FlamingParrot]

Re: Capquest, drydens, lloyds, and me 1 (help)

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

You seem to be well clued up on what to do, having sent all the required letters. :thumb:

There's no need to chase the CCA request but the two other requests to Drydens need to be chased. May be a good idea to email and/or ring them and say you've not received anything from them, they should have replied to one letter in 7 days and 14 to the other (part 18) if you've used the ones posted on this site. I'd suggest asking them to agree to a 28 extension which is the maximum allowed under CPR15.5. They can send you an email with the agreement and you can then forward it to the court as it's up to you as a defendant, to notify the court. :typing:

If they are not agreeable, you may want to state your intention to submit an 'unless order' to the court to force disclosure of the documents. As this claim is above £10k, it won't be allocated to small claims so they haven't got that excuse to refuse to comply with requests under the CPR.

It would be good if you could tell us a bit more about this card. The default would have been recorded at least three months after your last payment, did you pay anything after January 2009? If not, it could well be SBd. :whoo:

[MrsJ]

Re: Capquest, drydens, lloyds, and me 1 (help)

This credit card was sold to me by my business bank manager in around 1993 ish, at the time I was quite new to self-employment and he filled in the forms and advised having the PPI insurance as it would pay out if my company closed and I was jobless.
The amount grew as the wife did less work due to failing health, I sold the business and went to work for the company who bought it, but after 18 months it was closed down .
In 2006 I was jobless for the first time in my life, I couldn't find a job as my age was now an issue.
I couldn't claim a thing, all the insurance cover wasn't worth the paper it was written on. I ended up starting another company and doing what I'm good at but only doing enough to keep us afloat.
This is now the price we are paying as the old debt's have dropped on the mat at the same time.
We claimed for PPI refund from Lloyds in 2008 and stopped paying late in that year, we never had any refund until August last year, Lloyds sent a letter saying I would get a refund 6k, the next day the cheque arrived, we had worked out it should of been more. We had six months to refuse the amount so we did and passed it all to the financial ombudsman. Just after the court claim arrived, since that Lloyds have been in contact again offering more. Nothing has been payed to this account at all since late 2008.

[MrsJ]

Re: Capquest, drydens, lloyds, and me 1 (help)

We received a letter this morning from Drydens, will post it up later as its just a standard reply. We have no time left to send any more letters and get a responce, my question is, how do I word the defence and ask the court to force the disclosure of the requested documents.
Many thanks.

[FlamingParrot]

Re: Capquest, drydens, lloyds, and me 1 (help)

We received a letter this morning from Drydens, will post it up later as its just a standard reply. We have no time left to send any more letters and get a responce, my question is, how do I word the defence and ask the court to force the disclosure of the requested documents.
Many thanks.

You don't have to send more letters to Drydens, you can ring and/or email them, this is what most others do at this stage when time is running out. An email is all that's required if they agree to an extension, and you can just forward that to the court. :typing: That would still be my preferred route, to try and get them to agree to the extension.

You have the option to EITHER submit a defence based on them not having supplied the documents OR an unless order to force disclosure, in most cases it's either one or the other. You may want to look at this thread relating to unless orders: http://www.legalbeagles.info/forums/...order-at-court

[MrsJ]

Re: Capquest, drydens, lloyds, and me 1 (help)

You don't have to send more letters to Drydens, you can ring and/or email them, this is what most others do at this stage when time is running out. An email is all that's required if they agree to an extension, and you can just forward that to the court. :typing: That would still be my preferred route, to try and get them to agree to the extension.

You have the option to EITHER submit a defence based on them not having supplied the documents OR an unless order to force disclosure, in most cases it's either one or the other. You may want to look at this thread relating to unless orders: http://www.legalbeagles.info/forums/...order-at-court

Emailed them this morning, and we haven't had any responce on this or the other claim. :tinysmile_hmm_t2:

[FlamingParrot]

Re: Capquest, drydens, lloyds, and me 1 (help)

In view of the sums involved here, I reckon it would be worth submitting the unless order as per link on post #6.