Taken to Court by CapQuest - HBOS Credit card debts

[Nomad938]

Hello

When I ran into credit card problems in 2009 two of the cards were with HBOS. I went through various attempts to deal with Halifax & BOS but neither were at all interested in my plight. The cards dragged on for the few months and then defaulted as they do. I then got hit by various collection agencies threatening this and that and the end of my world etc.

After finding Legal Beagles I hit the company of the time, Wescot, with CAR requests, the fee etc. All sent by recorded delivery, I have the proofs of receipt from Royal Mail for these along with copies of the letters, the payment etc.

This pretty much stopped the on going harassment though it did go through a few further companies. Now HBOS / Lloyds banking group have sold the debt on to CapQuest. I have received notice of assignment from Lloyds Banking Group and then of course the deluge of texts. phone calls and letters from CapQuest.

I finally wrote a very brief letter back to CapQuest advising that I would not communicate over the telephone and that all contact in writing only, further that I had submitted CAR and had no response in 2010 and dealt with subsequent agencies again yielding no response and that unless they could add anything further to this I considered the debt unenforceable and would not spend any further time on the matter. Seemed quite reasonable to me.

However apparently not to CapQuest! I had no personal acknowledgment to this letter and instead received notification that the matter was being passed to HL Legal and I assumed more chasing to clarify the situation. In fact I have now received two County Court summons for the debts, totalling about 16k

I have filed acknowledgement of service with County Court while I sort through my documents here. I have all correspondence relating to this matter. I am under the impression that having failed to supply the Credit Agreement in response to my request and fee paid and then failed to address the issue despite further correspondence with various agencies that this debt is essentially unenforceable now.

Can you help please? Do I defend the claim by outlining all that has gone on or is a brief description required with the copies of the CAR and signed documents to prove delivery was made.

Any advice welcome please.

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

When you say "CAR" do you mean a Subject Access Request (SAR) or a CCA S78 request?

The creditor cannot enforce while in breach of a s78 CCA, but the can start proceedings.

First, be sure of the date when you must file a defence, but DON'T do this yet. You should request copies of documents mentioned in the particulars of claim under CPR 31.14. You should do this quickly and be prepared to apply to the court to force the issue if they don't respond.

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

However apparently not to CapQuest! I had no personal acknowledgment to this letter and instead received notification that the matter was being passed to HL Legal and I assumed more chasing to clarify the situation. In fact I have now received two County Court summons for the debts, totalling about 16k

Could you scan or take a picture with a digital camera or mobile phone of the particulars of claim and post them up here? hoto: Remove or cover your personal details before taking the picture or scan.

I have filed acknowledgement of service with County Court while I sort through my documents here. I have all correspondence relating to this matter. I am under the impression that having failed to supply the Credit Agreement in response to my request and fee paid and then failed to address the issue despite further correspondence with various agencies that this debt is essentially unenforceable now.

Can you help please? Do I defend the claim by outlining all that has gone on or is a brief description required with the copies of the CAR and signed documents to prove delivery was made.

Did you send a s.77/78 CCA request or was it just a SAR (Subject Access Request under the Data Protection Act)? Did they respond with anything? How long ago was that?

Did you receive a notice of assignment to CapQuest?
Did you receive a default notice?
Did you receive previous letters from HL legal saying they would be issuing a claim?

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Below is the CPR 31.14 request letter mentioned above, which should be sent by recorded delivery and amended to suit your particulars of claim:

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On 15th June 2013I 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 assignment notice

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 £5,000.00 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

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Good afternoon.

Thank you both for the response.

I do mean CCA request. I used the template letters from this site and sent them with the £1.00 fee by recorded post to the agent handling the debt at the time. I think Wescot but I will go back and start scanning and upload the information.

I received a letter from HBOS confirming they had sold both to CapQuest.

I have not spoken directly to CapQuest and never wrote back to all ' you must call us now' letters. Sent one letter listing both cards numbers explaining status assumed they would contact me regarding my letter.

Will get busy with the scanner and master the uploading.

Thanks again

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts


Good morning.

Further to my post and request for help last week. Please find below copies of the documents relating to one of the Credit cards in question. This debt is over 5k. Both cards followed a similar path and the actions of CapQuest have been identical. I have located various collection letters from Bank of Scotland but cannot locate a default notice as such. I have various letters from different agencies and have copied the correspondence I believe is relevant here. Please tell me if you think I am missing anything.

This all went wrong for me in 2009 so the correspondence starts about this time. I was under pretty intense pressure from various agencies with no constructive help until I came across this forum. It's great. From here I was able to determine the need to submit CCA letters to the various companies and went through a process of doing this with the folk who were chasing me. This BOS debt was in the hands of Wescot at the time so I forward a CCA request to them.

Now I have a technical problem, how do I upload a file? I can see the image up-loader, is this all there is? I am struggling to upload these files, am I missing something... HELP!!! OK I have switched to the advanced window and been able to upload some of the files but not the CapQuest letters, am I doing this wrong?

On with the story. After the CCA request was submitted. I heard nothing further from Wescot. I know they received the letter I have a signed recorded delivery receipt. It then moves into the hands of various other agencies over a period of time. Eventually I write to GPB Solicitors (08/11)and advise that CCA request was sent, paid for and not supplied with no communication from either BOS or Wescot. THE GPB Letter details these events. From here on very little happens. I get a few statements from BOS come through but no collection activity.

Lloyds Banking Group who have at some point now acquired BOS then sell the debt to CapQuest. (07/13) I receive a notice of assignment from LBG and immediately letters, phone calls and text's from CapQuest. I write to CapQuest (08/13 - One letter detailing both accounts) Explaining that the cards had been subject to CCA request and not complied with. Next letter from CapQuest suggests makes repayment offer but must have been sent on the day my letter reaches them. I wait no further correspondence from CapQuest until letter threatening court action via HL Legal.

Assume this is just a threat as why would they take court action when CCA request not dealt with previously. Frankly have had numerous threats of court action regarding the account but no action taken. What would have changed? Surely the unfulfilled CCA request nullifies this claim?

An almost identical course of events has taken place for the Halifax Credit Card (£9.8k)

Since my original posting on here last week I have had further bad business news. I am self employed and use space belonging to a business colleague, who has also leant money to my business. Said colleague is himself now in trouble and down sizing and advised I need to vacate the premises he has let me use. I am unable to afford to resolve these issues, I am also involved in a long running dispute with Nat West bank, again for business, added to my card woes I am being advised by others that Bankruptcy is the best way forward for me.

I cannot see a way of rescuing the business, we have struggled for the last 2 -3 years and I have no time to effect a sale. If I file for bankruptcy in the coming days will it prevent further CCJ action. I already have one CCJ for a an old business debt which I am slowly paying, that was for about £900.00 3 years ago and I have barely cleared half. 16k of CCJ would severely knock me.

I appreciate this deviates from the original posting, I am in real trouble and advice would be welcome. L

Please advise on the uploading issue if you want to see the other paperwork. Thanks for your time and trouble.

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

With regards to the county court claim, I think you still to send a request for documents under CPR 31.14. The PoC is also badly pleaded e.g. no mention of a default notice, so you might need to ask them to re-plead or request further info under CPR part 18. This needs to be done ASAP to give them time to respond before a defence is due.

The non-compliance with a CCA request doesn't "nullify the claim" it would only prevent the creditor from entering judgement while the breach continues - it doesn't stop them issuing the claim. The creditor not providing requested information is not in itself enough to fully defend the claim - you need to force them into providing documents and then look for errors within them

If you are considering bankruptcy, I think you need to get specialist advice straight away. CAB or StepChange might be able to help you. Bankruptcy is a pretty drastic measure as you would lose any assets, such as your home. Definitely not a decision to be made lightly.

I understand that fighting on multiple fronts can be pretty exhausting. Hopefully someone from the site team or an experienced member can help you more than me.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks for the details.

I don't fully understand the process described here. Do I send the CPR 31.14 to CapQuest or the court or both and does it matter that the amounts are over 5k? The template letter above makes mention of being under 5k. 'The PoC is also badly pleaded' Please explain.

Sorry if I am missing the obvious, it's nearly 3.00am and I cannot sleep so trying to deal with this now!

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

The template provided is out of date. The small claims limit is now £10000 and not £5000 as it was.

The request goes to H&L as mentioned on the claim form.

Particulars of claim should tell a story. It isn't a full story though. Did they send a default notice which they must do ? Not according to the PoC even though they probably did. Etc.

M1

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks M1.

Have posted up the letters I was unable to upload yesterday. This is all I have received from CapQuest and relate to the BOS card.

Do I need to submit anything to the court so they know that a process is taking place?

Regards

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

You have acknowledged service haven't you ?

Otherwise not yet.

M1

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello. Yes I have acknowledged service, did this online last week. Sent the CPR via recorded delivery yesterday (16/10).

Just sit and wait now?

Thank for looking in on me!

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Yes. Keep an eye on delivery and then give the 7 days you said then chase them.

M1

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

You cant do much until the 7 days you gave the claimant in the CPR 31.14 request expires. Check the RM tracking website to ensure the letter was delivered and print out confirmation for your file

Worth thinking about the next move though - start drafting your defence or an application for an unless order, if they don't respond to the 31.14 request.

[TUTTSI]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Is that 7 working days or just 7 days?

Yes. Keep an eye on delivery and then give the 7 days you said then chase them.

M1