Hello All

[marvind]

Just a quick Hello to both moderators for their help and to all users hoping to find some help

[marvind]

Re: CCJ and Response to CCA / CPR31.14 response

I received a CCJ and responded as advised from scanning through many blogs and I have so far managed to cope with the claim up till now and desperately need some advice on my next action. Please find below details of my actions to date (formatted as per previous blogs I read) and I hope you would be able to advise.

1. Received a CCJ claim? Yes
   Issue Date: 12-02-2015
   Amount approx.: £18,000
   Claimant: Capquest
   Solicitor: Drydensfairfax
   Original Credit: Lloyds Bank

Particulars of Claim

1. The Claimant claims payment in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Banking Group upon which the defendant failed to maintain payments.
2. A default notice was served on the defendant and has not been complied with
3. By virtue of a sale agreement between Lloyds Banking Group 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.
4. 16-02-2015: Request for CCA (s 77/78/79) sent to Capquest
5. 16-02-2015; Request for CPR31.14 sent by recorded delivery to Drydensfairfax ( Solicitors)
6. 23-2-2015 Received responses from both Capquest and Drydensfairfax informing that my request had been referred to their client for copies of the documentations
7. 16-03-2015: Submission of Defense application made on Money Claim Online
8. 18-03-2015:Letter from HM Courts & Tribunal Service acknowledging receipt of my defence stating that a copy of defence had been served on to claimant’s solicitor and that the claimant must contact me within 28 days of after receiving my defence
9. 21-03-2015: Letter from Drydensfairfax Solicitors acknowledging receipt of defence and stating that no further action was being undertaken until further instructions from their client.
10. The 28 days given elapsed as they did not reply
11. 25-04-2015: Received documents dated 22-04-2015 which included the following:

1. Copy of statement of Account
2. A 9 page credit agreement Regulation of the CCA Act 1974 and
3. A copy of a default Notice with all the details blanked out. i.e. Name, reference, Account Number, Credit Limit, Outstanding Balance and signature of sender

Other Info:

I noticed that they had not sent me anything indicating or showing my name or my signature apart from the statement of account which has my address details and payments made up till 14-12-2009 but the default letter is simply a copied letter not have they sent me any document with my signature on it.

Like many people on this forum, I was going through a very bad period in my life and especially a divorce that left me broke and penniless. I lost my job and was literarily walked out of a contract job in the financial services because I was deemed not credit worthy even though I explained at the time to the client my situation and needing the job. I have since never been able to get back into any FSA controlled organisation due to bad credit but have to date managed to survive with miscellaneous jobs and also paid off some of my other debts.

I desperately need some steer and would genuinely appreciate any advice on the matter as I now have another deadline to respond to this last communication with drydensfairfax and their client

Kind Regards

[nemesis45]

Re: CCJ and Response to CCA / CPR31.14 response

Hi,

What you have received is a " reconstituted" agreement, this is made up of the information that would have been provided
to you at the inception of the account.

The recon must contain the following information.

1. Your name and address as it was when the account was opened.
2. The Creditors name and address " " " " ".
3. The T's & C's at inception of the agreement.
4. The T's & C's at closure of the account.
5. Any other documents mentioned in the T's & C's.
6. There should be a " current " statement of the account.

A recon agreement does not have to have any signatures.

The Default Notice is also a " copy " of what you would have received. DN's are not routinely archived as hard copy, the creditor can rely on a " NOTE" made on a customers internal records showing a DN was sent on a specified date.
Are these documents in reply to the CCA request or CPR31.14?

Now to the history of the alleged debt:

1.What type of account is this?
2.When was the account opened?
3. When was the account defaulted?
4.When was the last payment or written acknowledgment of the account made?

What is your proposed defence to the claim?

Check with the court on Monday to find out the status of the claim.

nem

[marvind]

Re: Hello All

Thanks Nemesis45 for the response. I have called the court this morning and the status on the case is Stayed as informed.

The documents I have received are as stated previously from the solicitors which I am assuming is in response to the CPR31.14 as the letter was addressed to them but the documents has Capquest written o the first page which I am guessing is to reference the documents being sent.

1. Copy of Original Document
2. Copy of default notice and
3. Copy of Statement of Account.

The CCA letter was addressed to Capquest but I am yet to receive any response from them

Other questions :

1.What type of account is this? - A credit card with Goldfish which was taken over
2.When was the account opened? Not sure of the date but the statement goes as far back as 21/05/02
3. When was the account defaulted? 01/05/09 as per statement received
4.When was the last payment or written acknowledgment of the account made? Not sure

Regards

[nemesis45]

Re: Hello All

Ok,
Regular checks with the court from now on, in case the stay is lifted.

Can you please post redacted copies of the documents you have received here,
it will help us to advise more easily.

nem