CCJ BY capquest and CCA request

[Diana M]

Re: CCJ BY capquest and CCA request

yes I may send them a letter today, but since I'm dealing with their solicitor fairfax, shall I send them or capquest it self ?

Ive already requested a CCA as mentioned previously, the request was formally send to fairfax solicitors along with £1 statutory payment on 20th May 2016, they send me a letter of acknowledgement on 27th May 2016.

The letter suggested by Amethyst in post # 26 should go to Fairfax solicitors today by Royal Mail Recorded Delivery (so you can Track & Trace it). In the very least get Proof of Posting from the post office.

I'm glad to hear you've already sent a formal CCA Request.

What exactly did the letter of acknowledgement say (word for word). Did it simply say "We've got your request" or did it also say that they didn't have the documents and were asking their client for them?

Have you had any letters from Capquest since you contacted Fairfax solicitors about all this?

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

The letter suggested by Amethyst in post # 26 should go to Fairfax solicitors today by Royal Mail Recorded Delivery (so you can Track & Trace it). In the very least get Proof of Posting from the post office.

I'm glad to hear you've already sent a formal CCA Request.

What exactly did the letter of acknowledgement say (word for word). Did it simply say "We've got your request" or did it also say that they didn't have the documents and were asking their client for them?

Have you had any letters from Capquest since you contacted Fairfax solicitors about all this?

Di

i havnt had any letter or any form of communication since the request was made. I think in post#26 is suggesting to send capquest ?

The letter says as follows,

"We refer to the above matter and your letter dated 20th May 2016, the content of which are noted.

we note your request under the consumer credit act 1974 and confirm we have contacted our client for the relevant documentation and confirm in the meantime this matter has been placed on hold

we trust this is in order, however, should you require anything further, please do not hesitate to contact our office further"

[charitynjw]

Re: CCJ BY capquest and CCA request

Why not send a copy to both & cross-refer?

That way they can't do the usual "We have passed your correspondence to......blah blah"

[Diana M]

Re: CCJ BY capquest and CCA request

The letter says as follows,

"We refer to the above matter and your letter dated 20th May 2016, the content of which are noted.

we note your request under the consumer credit act 1974 and confirm we have contacted our client for the relevant documentation

Well, they should have had the "relevant documentation" before they issued the claim in the first place (in January 2015). It may become helpful to have them confirm in writing now that they didn't. (Unless they did and archived it.)

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

Since the request was made under consumer credit act 1974, is there any statutory limit to response ? and how long shall I wait to have a response from fairfax ?

[charitynjw]

Re: CCJ BY capquest and CCA request

Under normal circumstances, a CCA s77-79 request has to be complied with within 14 days (12 + 2 for postage), as per your query in post #1).
After that, the claimant cannot enforce the debt until/unless they do comply fully.

But in this isn't normal circumstances, as there is already a county court judgment.

I'll give @Diana M a nudge................she may have a different plan for this case! :confused2:

[Diana M]

Re: CCJ BY capquest and CCA request

Under normal circumstances, a CCA s77-79 request has to be complied with within 14 days (12 + 2 for postage), as per your query in post #1).
After that, the claimant cannot enforce the debt until/unless they do comply fully.

But in this isn't normal circumstances, as there is already a county court judgment.

I'll give @Diana M a nudge................she may have a different plan for this case! :confused2:

Yes she does. I've figured out (with a little help) why Fairfax solicitors asked the OP to send a CCA Request to them

Send the letters to Capquest and Fairfax asking them to consent to a set-aside quickly. That's the priority.

You could tell them that you want their response within seven days (from the date of your letter) or you'll be making a formal application to the court for a set-aside of the Default Judgment.

Your next step depends on their reply or non-reply to your letter.

A CCA Request can be sent as many times as you want as long as there's a 30 day gap since the previous one. Yours was sent 20th May 2016 which means you can send another if appropriate after you've achieved the set-aside (if you do).

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

Yes she does. I've figured out (with a little help) why Fairfax solicitors asked the OP to send a CCA Request to them

Send the letters to Capquest and Fairfax asking them to consent to a set-aside quickly. That's the priority.

You could tell them that you want their response within seven days (from the date of your letter) or you'll be making a formal application to the court for a set-aside of the Default Judgment.

Your next step depends on their reply or non-reply to your letter.

A CCA Request can be sent as many times as you want as long as there's a 30 day gap since the previous one. Yours was sent 20th May 2016 which means you can send another if appropriate after you've achieved the set-aside (if you do).

Di

hi Di,

thank you for support. Please se the draft I'm sending,

"With reference to the letter send on dated 20 May 2016, I made a request of the consumer credit agreement along with £1 payment made to your client (CapQuest Investment Ltd.) for this alleged debt. This request was made under the Consumer Credit Act 1974 [sections 77-79], where I am entitle to receive a copy of signed credit agreement and a statement of account within 12 working days of the request. As of today, I have not received any documents to satisfy this statutory requirement.

I am aware that a CCJ was issued against me on January 2015, without serving the claim to my correct address. As a result a default judgement was issued without my knowledge. There is no reason why this claim was not brought to my attention, serving into correct address while I moved out from previous address on 4 April 2014, 10 months before the judgement date. As such, the claim form wasn’t served correctly precluding an opportunity to acknowledge the service and defend the claim.

I have noticed this CCJ on March 2016 when was checking my credit file and acted promptly to identify the claimant. Having unable to identify this debt, I tried to contact you several times without any success of getting further information about this alleged debt. I believe your client should have all the relevant documents to support this claim against me before making any formal application to obtain a county court judgement.

Therefore, this claim didn’t satisfy CPR 6.9 paragraph 3 and CRP 12 where claim form wasn’t served correctly. In addition, claimant has failed to provide information requested by defendant under Consumer Credit Act 1974 [sections 77-79]. For those reasons, I request a written clarification of why a consumer credit agreement for the alleged debt hasn’t been provided within statutory time limit and your consent to set this CCJ aside."

ill keep you posted...

[charitynjw]

Re: CCJ BY capquest and CCA request

Lol [MENTION=87380]Diana M[/MENTION]

https://www.youtube.com/watch?v=AsXKS8Nyu8Q

[Diana M]

Re: CCJ BY capquest and CCA request

"With reference to the letter send on dated 20 May 2016, I made a request of the consumer credit agreement along with £1 payment made to your client (CapQuest Investment Ltd.) for this alleged debt. This request was made under the Consumer Credit Act 1974 [sections 77-79], where I am entitle to receive a copy of signed credit agreement and a statement of account within 12 working days of the request. As of today, I have not received any documents to satisfy this statutory requirement.

I am aware that a CCJ was issued against me on January 2015, without serving the claim to my correct address. As a result a default judgement was issued without my knowledge. There is no reason why this claim was not brought to my attention, serving into correct address while I moved out from previous address on 4 April 2014, 10 months before the judgement date. As such, the claim form wasn’t served correctly precluding an opportunity to acknowledge the service and defend the claim.

I have noticed this CCJ on March 2016 when was checking my credit file and acted promptly to identify the claimant. Having unable to identify this debt, I tried to contact you several times without any success of getting further information about this alleged debt. I believe your client should have all the relevant documents to support this claim against me before making any formal application to obtain a county court judgement.

Therefore, this claim didn’t satisfy CPR 6.9 paragraph 3 and CRP 12 where claim form wasn’t served correctly. In addition, claimant has failed to provide information requested by defendant under Consumer Credit Act 1974 [sections 77-79]. For those reasons, I request a written clarification of why a consumer credit agreement for the alleged debt hasn’t been provided within statutory time limit and your consent to set this CCJ aside.".

Why not move your first paragraph further down your letter to after the third paragraph.

You're seeking a set-aside on the grounds that they issued the summons to an address where you no longer lived and they should have checked that before issuing. That should be your starting point. So begin with your second paragraph.

The fact they have not complied with your CCA Request is not the reason (and can't be because it was sent after the CCJ was granted) why you seek this set-aside but it may be worth mentioning it even though it can't be the reason for any set-aside. The fact they've failed to provide you with documents (regardless of what method you may have used to ask for them) may be useful later but you can't 'play the s.78 card' at this stage. Personally I wouldn't have included it in the letter.

Remember to give them a seven day time limit for responding to your letter and let them know if they don't agree by consent you will be making an application to the court for a set-aside.

I have only glanced at your draft letter and picked up on a couple of things. Others may wish to add their thoughts. At this stage it's just a letter, when(if) you get to the application stage you will need more detailed help.

Di

[nafiz333]

Re: CCJ BY capquest and CCA request

Why not move your first paragraph further down your letter to after the third paragraph.

You're seeking a set-aside on the grounds that they issued the summons to an address where you no longer lived and they should have checked that before issuing. That should be your starting point. So begin with your second paragraph.

The fact they have not complied with your CCA Request is not the reason (and can't be because it was sent after the CCJ was granted) why you seek this set-aside but it may be worth mentioning it even though it can't be the reason for any set-aside. The fact they've failed to provide you with documents (regardless of what method you may have used to ask for them) may be useful later but you can't 'play the s.78 card' at this stage. Personally I wouldn't have included it in the letter.

Remember to give them a seven day time limit for responding to your letter and let them know if they don't agree by consent you will be making an application to the court for a set-aside.

I have only glanced at your draft letter and picked up on a couple of things. Others may wish to add their thoughts. At this stage it's just a letter, when(if) you get to the application stage you will need more detailed help.

Di

hi Di,

thank you for your kind attention. I will adjust this letter as per your advise.

since I can here some crowds by using consumer credit act 1978 card, am I not right to say that, because the claim wasn't served properly and didn't brought to my attention before judgement, I didnt get an opportunity to excercise my statutory right. In light of RETROSPECTIVE effect of law this request might be one of the reason for set aside ?

[nafiz333]

Re: CCJ BY capquest and CCA request

Hi Di,

Since its been 2 weeks I have send the letter as per your advise and have not heard anything back from them, could you please advise the next step forward to remove this CCJ ?

Thanks in advance.

[nafiz333]

Re: CCJ BY capquest and CCA request

Why not move your first paragraph further down your letter to after the third paragraph.

You're seeking a set-aside on the grounds that they issued the summons to an address where you no longer lived and they should have checked that before issuing. That should be your starting point. So begin with your second paragraph.

The fact they have not complied with your CCA Request is not the reason (and can't be because it was sent after the CCJ was granted) why you seek this set-aside but it may be worth mentioning it even though it can't be the reason for any set-aside. The fact they've failed to provide you with documents (regardless of what method you may have used to ask for them) may be useful later but you can't 'play the s.78 card' at this stage. Personally I wouldn't have included it in the letter.

Remember to give them a seven day time limit for responding to your letter and let them know if they don't agree by consent you will be making an application to the court for a set-aside.

I have only glanced at your draft letter and picked up on a couple of things. Others may wish to add their thoughts. At this stage it's just a letter, when(if) you get to the application stage you will need more detailed help.

Di

Hi Di,

They have finally came back with letter saying client doesn't have the CAA in hand and not obliged to provide on as the judgement was made ! ( I suppose the judgement was made based on a valid contract which they have failed to provide) However, as gesture of goodwill they have made a request of this document to the original creditor.

They have also mentioned that proceeding took place as per CPR 6.9 last known residence of individual.

Please advise the next step.

Thanks.