WON !!! CQ Court Claim received - CCA not received

[6strings]

Re: CQ Court Claim received - CCA not received

:clap2: Would you like site team to move this thread to the VIP area? :thumb:

Yes please FP, I can then chat a little more freely without being so paranoid.

Also, Do I need to start preparing anything to get ahead of the game?

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

Thank you both for your help so far.
I will be joining the VIP subscription soon - even if it's only to show gratitude for the help you've given

I notice you've already joined. :clap2: Would you like site team to move this thread to the VIP area?

I think I've done the online response correctly. I have acknowledged and ticked the box stating my intention to defend in full.
And then clicked "summary", NOT "next".

My CPR 31.14 Request is going in the post tomorrow.

Yes, you've done the right thing. You have a total of 28 days to submit your defence, but if the claimant doesn't respond to your request in a timely manner, they will have to agree to an extension. :thumb:

[jon1965]

Re: CQ Court Claim received - CCA not received

From Aug 14th to Sept 1st there doesn't seem to be enough allowance for service, since the August Bank Holiday would have got on the way. The sum requested should be the arrears at the time the DN was issued.

I didn't think the remedy days were working days and only came into play for service. Thing is with this even paying the arears would not have been enough to stop and breach of the agreement. I am sure I read something about this in one of Pauls Blogs or on the other site

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

From Aug 14th to Sept 1st there doesn't seem to be enough allowance for service, since the August Bank Holiday would have got on the way. The sum requested should be the arrears at the time the DN was issued.

[jon1965]

Re: CQ Court Claim received - CCA not received

I think.but stand to be corrected that this makes the default bad. There is reference to this somewhere. Maybe FP or PT would gave a better idea.

[6strings]

Re: CQ Court Claim received - CCA not received

balance £11'950.45
credit limit £11'100
sum requested £755.31

this would have taken it down to £11'195.14

[jon1965]

Re: CQ Court Claim received - CCA not received

If you had oaid the sum requested would that have put you below your credit limit?

[6strings]

Re: CQ Court Claim received - CCA not received

Thank you both for your help so far.
I will be joining the VIP subscription soon - even if it's only to show gratitude for the help you've given.

I think I've done the online response correctly. I have acknowledged and ticked the box stating my intention to defend in full.
And then clicked "summary", NOT "next".

My CPR 31.14 Request is going in the post tomorrow.
I have re-posted the original DN

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

With the DN as far as i could see if it was sent 1st class the dates were ok if 2nd then no. I bet cloggy could work that out better. Some of it would depend if the judge counted sat and Sunday as postal days.

The problem with the above is that, without the envelope, you'd never know, :confused2: and neither would the judge. :decision: That's why people are advised to keep the envelope the DN came in, unfortunately there's no way to go back in time.

[jon1965]

Re: CQ Court Claim received - CCA not received

With the DN as far as i could see if it was sent 1st class the dates were ok if 2nd then no. I bet cloggy could work that out better. Some of it would depend if the judge counted sat and Sunday as postal days.

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

I hope the scans are ok.

The particulars of claim are clear, the others are not very legible. With the default notice, it's important to see the date and how much time they were giving you to remedy the breach, as well as whether they were asking just for the arrears or the full balance.

I removed the monetary amounts as well - did you need these? I didn't want spying eyes working out who I was. Am I being paranoid?

If you want more privacy, you may want to consider a VIP subscription to keep your thread away from prying eyes.

If you wish to subscribe, go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year £9 or 10 years £25.
See below. :grin: Attached Thumbnails

Do acknowledge the claim now or leave it a few days?

There's no reason to leave it a few days, you have to acknowledge and state your intention to defend in full before you send your CPR 31.14 request as per my post 2 above. As the PoC mention an agreement, a default notice and assignment, you won't have to edit much on that letter, other than the date and your case reference. :typing:

Yes I received a letter before action from Drydens?

Did you reply to it? :confused2:

[6strings]

Re: CQ Court Claim received - CCA not received

I hope the scans are ok.

I removed the monetary amounts as well - did you need these? I didn't want spying eyes working out who I was. Am I being paranoid?

Do acknowledge the claim now or leave it a few days?

Yes I received a letter before action from Drydens?

kind regards,
6strings

[6strings]

Re: CQ Court Claim received - CCA not received

Thank you both very much.
I shall try and scan docs in tonight.

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

I received a County Court Claim Form from Capquest yesterday via DrysdenFairfax Solicitors.
The Lloyds Credit Card was taken out in 2005 and my last payment was March 2009. I asked for a CCA and SAR of my agreement back in August 2009 and received a response stating they could not find one. I never heard anything after that and was happy for the event to vanish.

Have you still got that letter?

A number of Debt Collectors chased me, and I just ignored them. Now CapQuest (and Lloyds), have written saying CQ own the debt.

Could you post up the notice of assignment (removing personal details). :typing:

CQ have entered a Default notice on my Credit File for Sept 2013 with the balance history from Sept 2013.
All Lloyds info has now disappeared.

This is quite normal when a debt is sold, however, the default date should still be in 2009 so it drops off in 2015. Having said that, let's not worry about that side of things for now. Did you receive a default notice from Lloyds back in 2009?

CCA request sent 16th Oct 2013 (postal order and recorded delivery on both)
CQ received 17th Oct 2013
DF received 19th Oct 2013
Yesterday - Sat 26th Oct 2013 I receive a county court Claim Form (issue Date 23rd Oct 2013).
They are demanding £11939.50 (all previous DCA's were demanding £11939.45)
I have NOT received a CCA

They are allowed 14 days to respond to a CCA request so technically they're still not in default yet, however, if Lloyds couldn't find anything 4 years ago, neither will CQ.

Out of interest, what made you send a fresh CCA request? Did you get a letter before action from Drydens Fairfax? :confused2:

Was there any PPI?

[jon1965]

Re: CQ Court Claim received - CCA not received

I would imagine that Capquest have no idea that you sent a CCA request before and that you have a letter saying they couldn't find it. Do you still have that letter?

See what FP suggests but sending a copy of that with a suggestion they may wish to discontinue might be worth while