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**CASE CLOSED** Court Claim - Capquest / Capital One - 15-12-2014

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  • **CASE CLOSED** Court Claim - Capquest / Capital One - 15-12-2014

    Received a claim? Yes
    Issue Date: 15-12-2014
    Amount approx: 12000
    Claimant: Capquest
    Solicitor: drydens
    Original Credit: Capital One

    Particulars of Claim:
    The claim is for the sum of x in respect of monies owing by the defendant on a credit agreement held by the defendant with capital one Plc under account number x upon which the defendant failed to maintain payments.
    A default notice was served upon the defendant and has not been complied with.
    By virtue of a sale agreement between Capital One Bank and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.


    Stat Barred? No

    Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

    Other Info:
    Thank you so much for your help so far.
    Drydens didn't provide the information I requested so the court action has ended for the time.
    However, they have now provided the terms and conditions, signed agreement, statements.

    They have not provided the default notice or assignment that I asked for.

    They write:
    Given that the attached documentation deals with the issues raised in the defence we are clearly in a position to progress our clients claim against you and would therefore invite you to settle this matter without the need for further legal action.
    In the event that we do not hear from you within 14 days we will have no alternative but to apply to the court to lift the stay on the proceedings in order to progress the legal action commenced against you. It is also likely that any such action will include an application for summary judgement, given the evidence which has now been provided to you in support of our clients claim. it goes on to say we may have to pay further costs.

    The last payment to the account was 26/04/2009 then no contact since then.

    I would be very grateful if you could advise me on what I should do next. the letter was dated 25/02/15.

    Thank you
    Tags: None

  • #2
    Re: Court Claim - Capquest / Capital One - 15-12-2014

    So this claim was stayed as a result of the claimants not being able to provide the documents to be able to proceed, and they've since found them.

    Is there any chance you could post up the stuff they sent you, removing all personal details before you do? :typing:

    Comment


    • #3
      Re: Court Claim - Capquest / Capital One - 15-12-2014

      Thank you, I will send you what I was sent over the weekend. ��

      Comment


      • #4
        Re: Court Claim - Capquest / Capital One - 15-12-2014

        I attach a scan of Dryden's letter and of what they sent me excluding the statements. I requested copies of the credit agreement, default notice and assignment and they didn't send me the default or assignment. Can they pursue me through the courts if they can't produce the assignment? The last payment was 26 April 2009.

        Thanks for any advice.
        Attached Files

        Comment


        • #5
          Re: Court Claim - Capquest / Capital One - 15-12-2014

          Hi,

          The Letter says " signed" agreement is included, is it?
          There seems to be only one set of T's & C's, should be two, one at inception one at closure of the account.
          When was the account opened, and when was it defaulted.

          nem

          Comment


          • #6
            Re: Court Claim - Capquest / Capital One - 15-12-2014

            This was all they sent me, their letter, the signed credit agreement dated 27/08/2004 which contains my signature and the terms and conditions I attached. The account was officially in default and terminated by Capital One on 24/10/2008.
            Thank you

            Comment


            • #7
              Re: Court Claim - Capquest / Capital One - 15-12-2014

              Ok, Have any payments or written acknowledgements been mad since the default date of 24/10/2008??
              If you can confirm that no payments were made after the actual default date the debt is statute barred at
              the date the claim was issued, please confirm the details and come back to me.

              Nem

              Comment


              • #8
                Re: Court Claim - Capquest / Capital One - 15-12-2014

                A payment was made 03/2009 and 04/2009. Since then no contact.
                Last edited by Horsey; 9th March 2015, 22:20:PM.

                Comment


                • #9
                  Re: Court Claim - Capquest / Capital One - 15-12-2014

                  If anyone can offer me advice on this I would be very grateful as Drydens have given me 14 days to reply which is up today.
                  The original court action has ended and the court said they would need to start again. I am close to 6 years - end of April 2009 last payment.
                  Is it worth going back to Drydens and asking again for the assignment and default notice as they didn't provide them as a requested in my CPR request? Also Nem said there should be 2 sets of T&Cs? Would the claim be statute barred exactly 6 years on from the last payment being received? They said in their letter they could apply to have the stay lifted but the court told us this action had ended. Thanks everyone.

                  Comment


                  • #10
                    Capquest account closed, legal action by Drydens dropped

                    Just to let you know that following the court action in December 2014, Capquest / Drydensfairfax were unable to provide the documents in my request and have eventually dropped the legal action and closed my account.
                    Thank you so much for the advice contained on this site and also for your help on the forum. :beagle:

                    Comment


                    • #11
                      Re: Capquest account closed, legal action by Drydens dropped

                      Originally posted by Horsey View Post
                      Just to let you know that following the court action in December 2014, Capquest / Drydensfairfax were unable to provide the documents in my request and have eventually dropped the legal action and closed my account.
                      Thank you so much for the advice contained on this site and also for your help on the forum. :beagle:
                      Good result
                      Well done!!

                      nem

                      Comment

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