Capquest, drydens, lloyds, and me 2 (help)

[MrsJ]

This is my second valentines card from Northampton

What a start to 2015, busy year by the looks of it, what will be will be.

This was a Halifax loan taken out before the Lloyds take over, the default date on this was 20/05/2009

Same with this could you have a look and advise on the way forward.

Many thanks

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

We have received these letters, 1 from Drydens and 1 from Capquest last week, not much help and the defence has to be in next week. We have sent letter 2 reminding them of their responsibilities and again asking if they need more time, and still know reply.
What should our defence be, lack of information or non compliance to CPR request, or both?
Hope someone can have a look.
Thanks.

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

We have today received a letter form Drysden regarding this claim made by Capquest in Feb 2015,<br>Could someone please advise me if this claim can be re-opened?<br>Many thanks in advance,<br>MrsJ

[charitynjw]

Re: Capquest, drydens, lloyds, and me 2 (help)

Hi MrsJ

Could you give a timeline, esp have you sent CPR 31 &/or 18 & CCA requests, plus responses (if any).
What is the current status of the claim? (Stayed?)

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

Thank you for your response.
County court claim 14 Feb 2015
CPR 31.14 CRP 15.15 sent 25 Feb 2015
Capquest responded 5 & 7 March 2015 they acknowledge receipt of request and that the account was now being managed by Driydensfairfax .And all correspondence would be forwarded to them.
Drydens responce dated 3 March 2015 . Your account has been placed on temporary hold.
Our defence was submitted to the court by the due date.
We have not received any correspondence until a letter dated 25 January 2017. containing a copy of agreement supposedly addressing the issues we raised in 2015.
Claim was stayed.

[charitynjw]

Re: Capquest, drydens, lloyds, and me 2 (help)

Ok

If it were me I'd now send a CCA request tothe Claimant. (Example, top of this thread).
For good measure, send a copy to the solicitors (no fee) to the solicitors, for information only.
As it's for a loan, s77 is applicable.
When was the loan originally taken out?
Keep copies & get proof of posting.

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

Sorry for the delay getting back, the following pictures are of the information received from Drysdens on Saturday. Is this the CCA?

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

Can this be classed as the letter of assignment as its not on headed paper.(Looks like something I could type up !)

- - - Updated - - -

This surely can not be a default notice as its just a computer screen snapshot.

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

Hi,
We have added a few pictures to the thread, would it be possible to give us your opinion before we send any letters out, we are not sure if the first 2 pictures already show the CCA.

[Kati]

Re: Capquest, drydens, lloyds, and me 2 (help)

tagging [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Capquest, drydens, lloyds, and me 2 (help)

Hi,
We have added a few pictures to the thread, would it be possible to give us your opinion before we send any letters out, we are not sure if the first 2 pictures already show the CCA.

Good evening Mrs J responding to [MENTION=49370]Kati[/MENTION] nudge.

The agreement is not easy to read is the original bad?

The Notice of Assignment is probably a reconstituted one.

The default notice is nonsense it's just a screen shot from their system.

When was the account opened?

Do you know when it was defaulted and the date of the last payment?
Is that all the terms and conditions or is there more on the reverse are these pages numbered?

For information this claim will be allocated to the Fast Track court process which is for claims above £10K this is a more formal process and in the event that the claim succeeds you will be liable for all the claimants costs.

Was the claim stayed for nearly a year?

Signed by Halifax in 2007.?
Is your name and address on the " agreement" as it was when the account was opened?

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

The copy we received is as the screen shows and has a strip missing off the right hand side. You have to read it slowly and guess the missing word.

The original loan was taken out with Halifax. The account was opened in 2007. Possible last payment early 2009 but not sure.

Default date was 21/10/2008.

No numbered pages and nothing on the reverse of pages.

Names and address are correct.

The claim has been stayed as per a letter from Drydens dated 13th March 2015.

[Diana M]

Re: Capquest, drydens, lloyds, and me 2 (help)

before we send any letters out, we are not sure if the first 2 pictures already show the CCA.

I wouldn't send any letters in haste on a £23k+ claim. You need a proper analysis of the situation first.

You say before "we" send any letters. Who is "we"? Was this a joint loan?

It appears the Halifax loan was opened in July 2007 and was due to run for a term of 86(?) months so possibly expiring in September 2014. This may be relevant when considering any DN or SB issues.

People often feel the the game is up when a creditor sends paperwork, but sometimes the game has only just begun

What did the covering letter from Drydens say (roughly) - was there anything about kickstarting these stayed legal proceedings in it?

And was there any PPI on this loan?

Di

[charitynjw]

Re: Capquest, drydens, lloyds, and me 2 (help)

Could you clarify?

The original loan was taken out with Halifax. The account was opened in 2007. Possible last payment early 2009 but not sure.

Default date was 21/10/2008.

[MrsJ]

Re: Capquest, drydens, lloyds, and me 2 (help)

To Charitynjw
We missed two payments in late 2008 hence the default. we paid a few payments after that.