Taken to Court by CapQuest - HBOS Credit card debts

[mystery1]

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

Calendar days unless stated as far as i'm concerned.

M1

[Nomad938]

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

Thanks to all. Letter to HL Legal was delivered yesterday, have signature detail printed and saved.

As indicated earlier in thread have very serious problems elsewhere. Realistically bankruptcy is the route I will have to follow and this will happen before this matter is resolved, likely next week.

Presumably this will prevent CapQuest being able to proceed and obtain a CCJ?

[littlebert8]

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

I'm not sure it matters much. If you are going bankrupt then all your affairs get taken over by the OR. If capquest get a judgement against you then the OR would deal with it. Tbh, I don't see any point in trying to defend the claim if you are declaring BR - I can't see how you would be any better off.

[Nomad938]

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

Well to clarify the above for you.

1. These claims above are part of about 55K of unresolved Credit Card problems going back to 2009 / 10. They are 'boxed up' a little through the help obtained here but every now and again something rears it it's head, now it's CapQuest.
2. Wescot as an organisation are lying incompetent scumbags and keep hassling me as well. One ICO compliant upheld, about to file another!
3. There is then 18k of Nat West business debt that has been in dispute. FOS have upheld that I have several genuine complaints but are awarding peanuts against the money I feel is owed for my time sorting it out. FOS are useless as well, BCOB's would be the route but......
4. A business colleague has invested 41.5k into my concern. it came with some 'steering advice' and latterly use of his premises to help me out. The advice has proved poor, He himself is now in trouble and tells me of impending administration and whilst not applying pressure for the cash I can no longer house the business at his premises or afford to move them away.

This has led to various stress and relationship problems and I need to take the pressure off somehow.

I am grateful for your time and help to date. Your CCA letters in the past made a significant difference and your site has helped me better understand the problems and bring some clarity to the problems I had. All this when I have been unable to access 'professional' advice, which may not have actually been any better.

I have tried very hard to avoid Bankruptcy, my problems have only ever been financial and could have been resolved through the success of my business venture. It simply hasn't worked, for lots of reasons, a number of which have been beyond my direct control.

I need to survive somehow and clearing the slate now will hopefully allow me to get on with life.

[FlamingParrot]

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

Sorry about that, missed that bit when I pasted it.

[FlamingParrot]

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

Thanks to all. Letter to HL Legal was delivered yesterday, have signature detail printed and saved.

As indicated earlier in thread have very serious problems elsewhere. Realistically bankruptcy is the route I will have to follow and this will happen before this matter is resolved, likely next week.

Presumably this will prevent CapQuest being able to proceed and obtain a CCJ?

Any reason why it has to happen so quickly? BR is a very big decision and you'll need help from an official organisation such as the CAB. In my experience, you often have to wait a long time before you even get an appointment. :clock:

Well to clarify the above for you. These claims above are part of about 55K of unresolved Credit Card problems going back to 2009 / 10. They are 'boxed up' a little through the help obtained here but every now and again something rears it it's head, now it's CapQuest.

Credit cards taken out before April 2007 are not always enforceable, do keep that in mind. There are people on here with a lot more debt than that who wouldn't consider bankruptcy for that reason. Are you a homeowner?

Wescot as an organisation are lying incompetent scumbags and keep hassling me as well. One ICO compliant upheld, about to file another!

Indeed, they are at the bottom of the DCA pond. I dealt with them two years ago and, after a few bright red FINAL DEMANDS, they just flew off, never to be seen again.

There is then 18k of Nat West business debt that has been in dispute. FOS have upheld that I have several genuine complaints but are awarding peanuts against the money I feel is owed for my time sorting it out. FOS are useless as well, BCOB's would be the route but......

What kind of business was this? Sole trader? Limited company? Partnership?

[Nomad938]

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

Good morning. Not really rushing this as have been mulling it over for some months. There are lots of pieces to the problem. What remains of my business stock and assets will need to be rehoused somewhere, I simply do not have the money to move them let alone taking on premises, it needs about 65-70 sq mts, hence cannot fit into a garage. The business hasn't sold more than £60.00 over the past week or so. To some degree a seasonal issue but I have simply not got the resources to keep the thing going, let alone move it and try to start up again. It's a web business, it's re-locatable but not worth a great deal in it's current state. I would be fighting all the above Finance issues if moving it was not necessary to move the business. Had a family summit last week, really cannot see any other option and some support there for myself, partner and daughter when BR things start to happen. I am not looking forward to it but very tired now and simply need to be able to focus on something else. Will keep you up to date, this may help others. BR should clear out all the debt, there is a life beyond it.

[FlamingParrot]

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

Had a family summit last week, really cannot see any other option and some support there for myself, partner and daughter when BR things start to happen. I am not looking forward to it but very tired now and simply need to be able to focus on something else. Will keep you up to date, this may help others. BR should clear out all the debt, there is a life beyond it.

Indeed there is a life beyond it, and you can start again. :thumb: If you think BR is for you, you'll need to approach an official organisation such as the ones below, where you can also find a wealth of information regarding the process:

• http://www.adviceguide.org.uk/englan...bankruptcy.htm
• http://www.nationaldebtline.co.uk/en...=01_bankruptcy
• http://www.stepchange.org/Debtinform...ankruptcy.aspx

[Nomad938]

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

Thanks for the details. Will take a look at them. Business problem / situation seems to be very fluid at the moment with business colleague now suggesting there is a way forward, trouble is I think he is going the wrong way and only going to delay the inevitable for a few months. Waiting on some news from that source. Need to keep an eye on the Court / CapQuest issue as well. No news from CapQuest yet. HL Legal signed on 17th for the CPR 31.14 letter. I should in theory hear by tomorrow latest then? (Mail not received here today yet). If request not met should I start a defence? Cannot afford to find myself BR and wearing two new CCJ's. Previously no answer to original CCA request in 2010, other later correspondence with representatives of HBOS and no documents supplied, how long can various dca's keep dragging me around?

[FlamingParrot]

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

Thanks for the details. Will take a look at them. Business problem / situation seems to be very fluid at the moment with business colleague now suggesting there is a way forward, trouble is I think he is going the wrong way and only going to delay the inevitable for a few months. Waiting on some news from that source.

As BR is such a big step, it's wise to exhaust all avenues first. :thumb:

Need to keep an eye on the Court / CapQuest issue as well. No news from CapQuest yet. HL Legal signed on 17th for the CPR 31.14 letter. I should in theory hear by tomorrow latest then? (Mail not received here today yet). If request not met should I start a defence?

No, the whole point of the CPR 31.14 request is to obtain the documents necessary for your defence. If you haven't got them, you can't prepare one. :nono: CPR 15.5 allows parties to agree to an extension of time to file the defence. Rule 15.5 states:

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Cannot afford to find myself BR and wearing two new CCJ's. Previously no answer to original CCA request in 2010, other later correspondence with representatives of HBOS and no documents supplied, how long can various dca's keep dragging me around?

They can't obtain a CCJ without providing documents, that's the whole point of the letter you sent requesting them.

[Nomad938]

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

OK Thanks. This may help me a little then.

So do I need to send (and what is) a CPR15.5 to the court now? I have had no communication from HL or CapQuest, does mean they have agreed to an extension by default?

Too much to hope that they have given up I suppose....... Will the court ever get cheesed of waiting for HL to produce the documents and throw it out?

[FlamingParrot]

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

OK Thanks. This may help me a little then.

So do I need to send (and what is) a CPR15.5 to the court now? I have had no communication from HL or CapQuest, does mean they have agreed to an extension by default?

Too much to hope that they have given up I suppose....... Will the court ever get cheesed of waiting for HL to produce the documents and throw it out?

No, they wouldn't have agreed to an extension by default, it has to be explicitly agreed and the court notified. You don't actually send a CPR 15.5 to the court as such, you agree it with the other side first and then inform the court.

http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

I would suggest reading this thread because it relates to a similar situation: http://www.legalbeagles.info/forums/...237#post381237

[Nomad938]

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

Hello. Thanks for the links, I have had a look. To confirm I understand this.

I need to write to CapQuest and request an extension to the time frame and then need to notify the court.

I need to check the court dates but time is getting on and if CapQ and HL are dragging their collective feet it appears to put me at a disadvantage? If I do not get a response to my letter and any extension agreement from CapQ or HL what should I say to the court, or is the a defence?

What I still don't understand is if the CCA was ignored and not complied with back in 2010 how they can proceed with this action. If that was irrelevant why have a formal CCA request process in place. Any card provider can ignore the request, sell on the debt and let someone else collect all the money.
Dazed and confused!

[littlebert8]

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

First, you need to chase the claimant for agreement to an extension. Might be worth telephoning them, rather than risk them simply ignoring another letter. Remember to ask for written confirmation of the extension, but don't wait for it to arrive - inform the court of your verbal agreement by email if time is tight.

If you can't negotiate an extension, then you absolutely must avoid missing the deadline to file a defence. The court will not like this and the claimant may apply for judgement in default. You can either file a defence as best you can raising the unreasonable behavipr of the claimant in nor responding to your CPR requests and the outstanding CCA request. Alternatively, you could try applying to the court for an order compelling disclosure of the required documents and giving you further time to file a defence. The latter is probably the better option, but it may already be too late and you will need to draft the application, pay a fee and present it at a hearing

It may seem confusing, but the court isn't aware of the outstanding CCA request. At the moment, it only has the claimants side of the story - the particulars of claim. Its up to you to challenge the claimant. The court rarely acts on its own initiative, it responds to requests made by the parties.

It may seem unfair, but there is nobody to stop the claimant issuing the claim and indeed obtaining judgement other than you. They SHOULD have complied with your CCA request, but the court will not ask for this or any other substantiation of the claim. Its up to you to raise the issues either through your defence or an application for directions.

[Nomad938]

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

Thanks for the advice. Need to look at the dates and get on the phone quickly.

Seems wholly wrong that they are allowed to ignore the legal process but could still obtain judgement through the same legal system. Shocking really.