Court claim received from Drydens Ltd C/O Capquest

[cherrybaby]

Hi all, my husband received a court claim from Intrum Poplar DAC c/o Capquest for an old Barclays card, which he was paying £1 per month until Barclays started to return the payment. The claim states; 1. The claim is for the sum of £3000 in respect of monies owing by the defendant on a Barclaycard under account number xxxxxxxxxxxxxxxxx upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with.
3. The balance owed was assigned from Barclays to the claimant, and the defendant has been notified of the assignment by letter.
Contact Drydensfairfax Solicitors.
We have gone ahead and acknowledged the claim online with the intention of defending it in full and would just like a bit of guidance in the next steps, from what I have gathered so far we need to request CCA and CPR, which I'm in the process of completing both which I hope to send out by Tuesday 05 Feb 24.

Any advice as to what to do following this would be much appreciated.

Thanks
Cherry

[echat11]

Can you fill in the information below, copy / paste back to this thread, leaving out personal details:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

When was the account opened?

a) You need to Acknowledge of Service (fully defend all), that can be done online via MCOL. That will give you extra time to get more information and decide how to proceed / defend the claim. You get 14 + 14 days (5 days postal) to file your defence.

Work out when you defence has to be lodged in a diary. - you've done this.

b)Send Barclaycard a SAR request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) You need to send Drydens a 31.14 request, make sure you get Proof of Postage - you are doing this.

https://legalbeagles.info/library/gu...-of-documents/

d) You need to send Capquest a CCA 1974 request, make sure you get Proof of Postage - you are doing this.

https://legalbeagles.info/library/gu...etter-example/

[cherrybaby]

No thanks for your response, we don't recall when the account was opened. I have sent all the letters out, Dryden sent a letter last Friday to say that the requested information will be sent in due course, and the solicitor sent a letter yesterday to say the case is being put on hold, however, I need to get my defence to the court by Friday, as the date on the court paper is 22 Jan. I thought we had until Tuesday but my mistake so now needs to post defence by tomorrow.

[cherrybaby]

Sorry I posted incorrectly and can't change meant to say (thanks for your response)

[echat11]

Here is an Example Defence, have a go, copy and paste it back to this thread without personal details, I'll take a look at it.

You can file it via MCOL with the Courts but send a copy to their solicitors.

https://legalbeagles.info/library/gu...-court-claims/

[cherrybaby]

Many thanks for the information, so I used the template and sent the defence on 22nd to both solicitor/claimant and court. I then received a Pre-action letter last Friday, however I don't understand this form, as they have already issue court proceedings and still have not responded to my request for documents. Can someone please advise what to do with the pre-Action letter and do I need to respond to it? Thanks

[echat11]

Many thanks for the information, so I used the template and sent the defence on 22nd to both solicitor/claimant and court. I then received a Pre-action letter last Friday, however I don't understand this form, as they have already issue court proceedings and still have not responded to my request for documents. Can someone please advise what to do with the pre-Action letter and do I need to respond to it? Thanks

No, you don't need to respond to it, as they've issued a claim.