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

[6strings]

Hi,

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

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
What do I do now? I've now hit a brick wall and am panicking.
what do I need to write in my defence in the claim form?

kind regards,
6strings

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

Hi and welcome to LB!

First of all, don't panic. You have 14 days (+ 5 for service) to acknowledge the claim, which you can do online using the P/W supplied. :typing: Once you've acknowledged and ticked the box stating your intention to defend in full, you'll have a further 14 days to submit your defence. You don't need to submit your defence now, what you'll need to do once you've acknowledged online is to send a CPR 31.14 request letter, asking for documents mentioned on the particulars of claim. Could you scan or take a picture of the particulars of claim, covering up all your personal details, and post it up here. hoto:

This is the CPR 31.14 letter which should be amended to suit your PoC, it should be sent recorded delivery to Drydens Fairfax. I'd send a copy to Capquest as well.

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 notice of assignment.

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

[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

[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?

[6strings]

Re: CQ Court Claim received - CCA not received

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

[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

[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:

[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

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.

[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

[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

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

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.

[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

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