Capquest County Court Summons re Historical Debt

[RSVPT]

Dear Sir / Madam
Thank you in advance for your help in this Matter.
Many years ago I accrued a few credit card debts and was paying them off between £1.00 & £5.00 per month nominal payments. I tried in vain many times to offer what I thought was a reasonable settlement figure but to no avail. Subsequently and will the feeling that I was getting absolutely nowhere I cancelled these long standing monthly payments with a view to "smoking them out".

Not only did this not work they started barraging me with phone calls morning noon and night from many different company's who have taken on the debts, all of which I have ignored. A county court summons has now dropped through the post relating to the one that hassled the most, namely Capquest. I was under the impression that there was little that these companies could do with unsecured credit card debt and indeed they are still corresponding with me under my previous married name and I have been re-married for nearly 6 years.


Capquest are referring to a credit card with Lloyds Banking Group for which I cannot recall ever having a card with Lloyds plus they I have not given any account number to refer to so I do not even know which of my old credit card debts this relates to. They only give a claim value in the region of £3000 and that they have been assigned the debt.

I do not want the credit rating I have now carefully built up to be ruined and therefore would like to deal with threat responsibly.

I would be very grateful for any help you can give in this connection.

Many thanks & Kind regards RSVPT

[TUTTSI]

Re: Capquest County Court Summons re Historical Debt

When was the last payments made to credit/debt cards?

Your need to send Capquest a CCA request.... I will ask one of our more experienced members in this field to help you further.

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear Sir / Madam
Thank you in advance for your help in this Matter.
Many years ago I accrued a few credit card debts and was paying them off between £1.00 & £5.00 per month nominal payments. I tried in vain many times to offer what I thought was a reasonable settlement figure but to no avail. Subsequently and will the feeling that I was getting absolutely nowhere I cancelled these long standing monthly payments with a view to "smoking them out".

Not only did this not work they started barraging me with phone calls morning noon and night from many different company's who have taken on the debts, all of which I have ignored. A county court summons has now dropped through the post relating to the one that hassled the most, namely Capquest. I was under the impression that there was little that these companies could do with unsecured credit card debt and indeed they are still corresponding with me under my previous married name and I have been re-married for nearly 6 years.

When did you stop making token payments? If it was more than 6 years ago, it is possible the debt is statute barred, which is an absolute defence.

Your first step should be to acknowledge the claim, which you can do online, stating your intention to defend it in full. You have 14 days to acknowledge and once you do so, you get a further 14 days to prepare your defence. :thumb:

Capquest are referring to a credit card with Lloyds Banking Group for which I cannot recall ever having a card with Lloyds plus they I have not given any account number to refer to so I do not even know which of my old credit card debts this relates to. They only give a claim value in the region of £3000 and that they have been assigned the debt.

Could you scan or take a picture of the particulars of claim and post them up here, covering up your personal details. hoto:

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

When was the last payments made to credit/debt cards?

Your need to send Capquest a CCA request.... I will ask one of our more experienced members in this field to help you further.

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

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.

Yours faithfully,

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Once you've acknowledged, you'll need to send a CPR 31.14 request for documents mentioned on the PoC as above, below is such a letter, which you will have to amend to suit. They'll usually refer to an agreement of some sort, a default and, when a debt purchaser issues a claim, assignment of the debt to them, which are the documents mentioned on the letter below.


The letter should be sent recorded delivery. Have Capquest issued the claim themselves? Or are they using Drydens Fairfax?

Dear Sirs,


Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] 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.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

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 othermarking, 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

[volvo]

Re: Capquest County Court Summons re Historical Debt

subbing

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flamming Parrot,

Thank you for your reply and advice. I believe I stopped my nominal payments approx. 1 year ago. Having paid for some 10years plus!

Does this change matters?

Also if and when I send the letter (you kindly provided) to Capquest as suggested, do I sign with my new married name or my previous name in which the summons has been made out to?

Looking forward to your reply

Many thanks

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear Flamming Parrot,

Thank you for your reply and advice. I believe I stopped my nominal payments approx. 1 year ago. Having paid for some 10years plus!

Does this change matters?

Not at this stage.

Also if and when I send the letter (you kindly provided) to Capquest as suggested, do I sign with my new married name or my previous name in which the summons has been made out to?

I'd just use the name used on the claim to avoid confusion. :thumb:

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thank you - very much - I will send the letters as instructed

[ODC]

Re: Capquest County Court Summons re Historical Debt

DO NOT SIGN anything going to a DCA. They have been known to lift signatures and reconstruct agreements. Print your name

[CleverClogs]

Re: Capquest County Court Summons re Historical Debt

DO NOT SIGN anything going to a DCA. They have been known to lift signatures and reconstruct agreements. Print your name

Or "sign" the letter using a script font (such as JohnLennon font - link) in a larger size than the body of the letter and, if possible, blue ink.

With any luck, they'll use that "signature" in their reconstruction. :grin:

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

There are quite a few nice script and handwriting fonts on there:

PW Signature Two
Callie Hand
Celine Dion Handrwiting
Silent Reaction
Can't Write Quickly in Winter
Signerica
Better Heather

...so not everyone signs using the same one! :nerd:

[wales01man]

Re: Capquest County Court Summons re Historical Debt

Why not get someone else to sign it in your name ?

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flamming Parrot,

Not sure whether you got my last question so here it is again:
The Claimant on the summons is Capquest Investments Limited but also stated on the summons under a box that says: "Address for sending documents and payments (if different)" is the name Optima Legal Services Ltd.
My question is - Do I send the CCA request letter with a PO for £1 to the Claimant Capquest or The Address for sending docs as I don't want to make any mistakes?
Also is it important to follow a sequence of response namely:
1 - Acknowledge the summons on line
2 - Send the CCA request
3 - Send the CPR 31.14 Request

please advise Many thanks RSVPT

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear Flamming Parrot,

Not sure whether you got my last question so here it is again:
The Claimant on the summons is Capquest Investments Limited but also stated on the summons under a box that says: "Address for sending documents and payments (if different)" is the name Optima Legal Services Ltd.
My question is - Do I send the CCA request letter with a PO for £1 to the Claimant Capquest or The Address for sending docs as I don't want to make any mistakes?

Optima are acting for Capquest. I'd send the CCA request directly to Capquest, simply because the solicitors would have to send it back to them anyway, so this would save time and, strictly speaking, the CCA request is not a response to their court claim - it's your lawful right to send one at any time, as long as they haven't obtained judgment against you. :thumb:

Also is it important to follow a sequence of response namely:
1 - Acknowledge the summons on line
2 - Send the CCA request
3 - Send the CPR 31.14 Request

Yes to 1 and 3, you should acknowledge online stating your intention to defend in full BEFORE sending the CPR 31.14 request letter, because that letter mentions you have acknowledged service, etc. That request should go to the solicitors (Optima at the address supplied on the claim) recorded delivery, but you should also send a copy to Capquest at their own address. The CCA request can be sent at any time but the sooner the better. :clock: