Capquest Summons court claim received - SUCCESS !

[Wally]

Hope you can help.

On Saturday I received a County Court Summons from Northampton County Court on behalf of Capquest. Have not slept worrying about it.

They are claiming just over £10,000 for an old Lloyds Group credit card debt. Checked on Noodle and all details are on the register Capquest now have taken over the debt.

The debt has been bought from the Lloyds Group and over the last few months they have be phoning and sending letters. I dug my head in the sand hoping it would go away but now I really need some sound advise.

The card was taken out in 2003 and it defaulted in 2009
What should I do?

I really would like to defend this as they have been unrelenting in there approach for example they sent two pre action conduct letters to me 4 days apart.

Many thanks in advance for any help you can give

Wally

[charitynjw]

Re: Capquest Summons received

Hi Wally, & welcome to Legal Beagles.

Have a look at this thread - http://www.legalbeagles.info/forums/...t-Claim-Please - & then post up any further questions you may have.

[FlamingParrot]

Re: Capquest Summons received

On Saturday I received a County Court Summons from Northampton County Court on behalf of Capquest. Have not slept worrying about it.

First of all, try not to worry, I know it's a lot easier said than done but there's always a solution. It is important that you acknowledge receipt of the claim and tick the box stating your intentions to defend the claim in full, otherwise you will automatically get a CCJ against you. You have 14 days to acknowledge and once you submit the claim, you'll have a further 14 days to submit your defence.

They are claiming just over £10,000 for an old Lloyds Group credit card debt. Checked on Noodle and all details are on the register Capquest now have taken over the debt.

Could you scan and post up the particulars of claim on this thread, after removing any personal details?

Could you please answer the following questions to help us assess the situation:

• Did you ever send a CCA request for this account either to Lloyds or Capquest? If so, what was their response?
• Did you get a default notice (DN) from Lloyds when you defaulted?
• Have you got a notice of assignment to Capquest?

I really would like to defend this as they have been unrelenting in there approach for example they sent two pre action conduct letters to me 4 days apart.

Did you reply to either of those letters?

[mystery1]

Re: Capquest Summons received

Indeed more details required.

Read a similar case in terms of amount for clues on what to do. http://www.legalbeagles.info/forums/...-how-to-defend

M1

[Wally]

Re: Capquest Summons received

Dear FlamingParrot

Thanks for replying and your kind words.

1. I have just acknowledged receipt of the claim and have ticked the box stating my intentions to defend the claim in full.


2.

• Did you ever send a CCA request for this account either to Lloyds or Capquest? If so, what was their response? - No The loan was a credit card with Halifax taken out in 2002 - I think it then transfered to Lloyds.
• Did you get a default notice (DN) from Lloyds when you defaulted? No from Halifax in September 2009
• Have you got a notice of assignment to Capquest? No - to be honest I have buried my head in the sand and I did not open anything. - sorry If they sent it I did not open it to read it

3. Did you reply to either of those letters? No - I looked on the web about capquest and they looked like they are not people to talk to - I wanted to avoid them

4. PDF attached Sorry about the snipping


Hope that helps and once again thank-you for looking at this for me

Wally

[mystery1]

Re: Capquest Summons received

Get a s78 request sent pronto.

M1

[mystery1]

Re: Capquest Summons received

You also need as much evedince as possible so if you've got unopened letters open them and keep them and the envelopes they came in.

M1

[FlamingParrot]

Re: Capquest Summons received

Dear FlamingParrot

Thanks for replying and your kind words.

1. I have just acknowledged receipt of the claim and have ticked the box stating my intentions to defend the claim in full.


2.Did you ever send a CCA request for this account either to Lloyds or Capquest? If so, what was their response? - No The loan was a credit card with Halifax taken out in 2002 - I think it then transfered to Lloyds.

OK, in that case this is the letter to send, which should be sent by recorded delivery. Given the time constraints, I would even suggest Special Delivery (next day) if you can afford it. Enclose a PO for £1 and sign using a computer font, not your real signature.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,

[FlamingParrot]

Re: Capquest Summons received

The POC are as vague as they usually are, but they do mention an agreement, being assigned, and failing to comply with the terms (a.k.a. default), so you should send a request under CPR 31.14 for documents they are relying upon, as below. As this claim is not under £10k, they can't argue that CPR 31.14 doesn't apply, because it won't be allocated to small claims, and they will have to comply. The letter should be sent recorded delivery.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On xx/xx/2013 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment notice

3 the default notice Compliant with 87(1) of the Consumer Credit Act 1974

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

---

[TUTTSI]

Re: Capquest Summons received

When you send the letter do not sign in your usual signature.... they have been known to copy this.

Many moons ago I had a run in with CAPQUEST they could not provide me with the documents which I requested, but continually harassed me. Eventually, I wrote to the head honcho at CAPQUEST and told them to stop harassing me, I got a very nice letter back and they backed off completely and I never heard another word since. It is well over 6 years now so it is well out of time. If they don't have the relevant paperwork to satisfy your request they will NOT be able to proceed to court.

[CleverClogs]

Re: Capquest Summons received

When you send the letter do not sign in your usual signature.... they have been known to copy this.

Which debt collecting varmints did that?

The story I read was that the CCA request had been made by an adviser at a Citizens' Advice Bureau on behalf of a client. When the purported agreement came back, it bore the signature of the CAB adviser!

Many moons ago I had a run in with CAPQUEST they could not provide me with the documents which I requested, but continually harassed me. Eventually, I wrote to the head honcho at CAPQUEST and told them to stop harassing me, I got a very nice letter back and they backed off completely and I never heard another word since. It is well over 6 years now so it is well out of time.

Didn't they even sell it to a specialist company such as MacKenzie Hall?

If they don't have the relevant paperwork to satisfy your request they will NOT be able to proceed to court.

They could still go to court, but they should not be successful.

[QCKate]

Re: Capquest Summons received

Dear FlamingParrot

Thanks for replying and your kind words.

1. I have just acknowledged receipt of the claim and have ticked the box stating my intentions to defend the claim in full.


2.

• Did you ever send a CCA request for this account either to Lloyds or Capquest? If so, what was their response? - No The loan was a credit card with Halifax taken out in 2002 - I think it then transfered to Lloyds.
• Did you get a default notice (DN) from Lloyds when you defaulted? No from Halifax in September 2009
• Have you got a notice of assignment to Capquest? No - to be honest I have buried my head in the sand and I did not open anything. - sorry If they sent it I did not open it to read it

3. Did you reply to either of those letters? No - I looked on the web about capquest and they looked like they are not people to talk to - I wanted to avoid them

4. PDF attached Sorry about the snipping


Hope that helps and once again thank-you for looking at this for me

Wally

Dont forget Wally its for them to prove their claim. You can only defend against the evidennce they provide, its not for you to prove a negative.

QCK

[Wally]

Re: Capquest Summons received

Wow I can not belief the response from you Legal Beagles. Thank-you so much.

Dear FlamingParrott

I feel I can get breathing again.thanks

With regards the letters - I will be sending both letters to HL Legal & collection or should it be Capquest in Hampshire or both.

I will send them special delivery enclosing a postal order in each letter for a pound.

I will digitally sign the letters with a different font.

Now should I send the court anything?

Regards

Wally

[mystery1]

Re: Capquest Summons received

Now should I send the court anything?

Not yet. However you should log on the the website with the details on the claim form and acknowledge service which gives you 14 extra days and a total of 33 days from the date of the claim form to submit a defence.

You should also contact the claimants solicitor and ask them to replead their case. As an aside is it a person that signed the claim from ?

M1

[Wally]

Re: Capquest Summons received

Hi Mystery1

Thanks for the advice - I have logged in and acknowledged service. A person name is on the claim form but they have not signed - just has there name and xxxxxxx

Thanks

Wally