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

[Diana M]

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

In the Drydens letter it states that they have provided a default notice but all they have is a screen shot from their internal system.

The Drydens letter does not state that they have provided a Default Notice.

It states that they have enclosed "the Default Notice details" (see post # 30)

Di

[Diana M]

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

The recent covering letter was addressed to Mr, as has all the letters from Capquest and Drydens, there has not been any letters sent to Mr's.

Can you just clarify that the claim form is in the sole name of 'Mr' and not 'Mr' and 'Mrs' named as 1st Defendant and 2nd Defendant since this was a joint loan?

It looks like it (the POC mention the Defendant not Defendants)?

And you've only referred to one Defence filed.

Di

[Diana M]

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

I see from your original thread about this claim that you had a PPI dispute going on around the time of the assignment from Lloyds to Capquest. It appears that Lloyds had offered you £6k to settle the misselling claim you'd made against them and they sent you a cheque for that amount.

It then seems you didn't bank the cheque at that point and asked the FOS to take a view of the situation since you believed that Lloyds owed you more than £6k.

What was the outcome of that dispute (assuming it was resolved) which may/may not have an impact on this claim and any SB issues (acknowledgement of the debt)?

If nothing else if PPI was added to the account when it was opened then the Ts & Cs etc for that PPI would need to be produced in order to comply with your current CCA Request (s.18 Multiple Agreements)

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.

It goes without saying that you must not let Drydens know about the PPI claim saga (yet).

Link to your original thread here >

http://legalbeagles.info/forums/show...079#post518079

Di

[MrsJ]

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

Thank you for your assistance Diana

Part 18 request was sent 2nd March 2015 to both Capquest and Drydens

stating please answer the following questions :

1 What date is shown as the last payment made into this account.

2 What was the amount paid ?

3 By what method was that payment made?

Take notice that you are required to answer the above request within 14 days of service of the same upon you. Added to the bottom of the letter.

To clarify The claim and all correspondence is in the sole name of MR.
Yes it was a joint loan.
Mrs has received no info whatsoever from either Capquest or Drydens.

[Diana M]

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

Thank you for your assistance Diana

Part 18 request was sent 2nd March 2015 to both Capquest and Drydens

stating please answer the following questions . . .

. . . Take notice that you are required to answer the above request within 14 days of service of the same upon you.

I see

So their response to your Part 18 Request is a tad overdue since your deadline expired nearly two years ago and you say you've not heard a sausage from them since on this particular legal issue.

When everything becomes clearer you'll be in a better position to decide your next move which may vary from 'do nothing' (because this claim is stayed) to 'time to got on the warpath' .

I make no apology for all these questions because in order to plan your strategy it makes sense to do the research first.

Di

[MrsJ]

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

with reference to the credit card claim that did have PPI. A letter was received from Capquest dated 19th November 2015 stating :
I can confirm we have instructed our solicitors Drydens to discontinue this case. We are no longer seeking to persue a claim against you through the courts and all legal action has been stopped.

Both of these accounts were being dealt with at the same time by Capquest/Drydens. The court papers were issued one day apart.

[Diana M]

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

To clarify The claim and all correspondence is in the sole name of MR.
Yes it was a joint loan.
Mrs has received no info whatsoever from either Capquest or Drydens.

Thank you for clarifying that.

When you say "Mrs" has received no info from Capquest or Drydens do you mean that any CCA Request sent to them was from ''Mr' not 'Mrs' ?

You've sensibility redacted/edited your uploaded documents.

The issue of statutory notices served (or not) on both 'borrowers' may become an issue.

Di

[Diana M]

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

with reference to the credit card claim that did have PPI. A letter was received from Capquest dated 19th November 2015 stating :
I can confirm we have instructed our solicitors Drydens to discontinue this case. We are no longer seeking to persue a claim against you through the courts and all legal action has been stopped.

Both of these accounts were being dealt with at the same time by Capquest/Drydens. The court papers were issued one day apart.

Okay.

So there were two sets of legal proceedings issued days apart in 2015.

Your previous thread (on this potentially resurrected claim for a joint loan) has nothing whatsoever to do with that PPI claim on your credit card and the subsequent legal claim.

So that has eliminated one line of enquiry and also raised the important issue of information posted on the internet. Your previous thread refers to this claim but includes your PPI claim on a completely different product.

So back to the drawing board

Di

[MrsJ]

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

As the court claim was addressed to Mr only he requested any information.

[MrsJ]

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

Sorry for the confusion Di, But we had 2 cases from the same companies ie Capquest and Drydens at the same time.
The first thread Credit card with PPI has been resolved.
This thread the loan is the one being resurrected.

[Diana M]

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

Sorry for the confusion Di, But we had 2 cases from the same companies ie Capquest and Drydens at the same time.
The first thread Credit card with PPI has been resolved.
This thread the loan is the one being resurrected.

No need to say sorry. We're all on the same side

In order to fight this (joint loan) claim you need a strategy. You can't build a strategy without first establishing the facts. Hence my relentless questions.

Correct me if I'm wrong (I'm always happy to be corrected by an internet poster because full information is sensibly not given on view ) but you've not said that the latest letter you've received from Drydens even hints about making an application to the court for permission to lift the stay so that they can go forwards with their (two year old) claim.

I know it's only natural to send a response to a scary letter from lawyers but if/when you do you need to pick your words wisely.

Especially when it's a £23k claim.

Di

[MrsJ]

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

Thanks Di, this was posted earlier, its the latest letter from Drydens addressed to Mr.

[Diana M]

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

Thanks Di, this was posted earlier, its the latest letter from Drydens addressed to Mr.

I saw that earlier on your thread, but what's the date on that letter (you removed that info) which appears to give you 14 days to respond to it?

Di

[MrsJ]

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

Dated 25 Jan 2017,

Sent via 2nd class post, received on the Saturday 28th

[MrsJ]

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

Could someone advise if this statement is true?

The striking out of a claim is automatic in the absence of an order agreeing an extension or judgment or a defence after 12 months

Can the validity of a claim be an issue after 2 years