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.

[Nomad938]

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

Good morning.

Thanks for the confirmation on the defaults.

The CCJ is not having interest added. But the claimant stuck quite a big fee on the action at the beginning, bless them... What was a £700.00 debt ended up in access of £950.00. The court accepted my plea, I had no reason to dispute claim and they awarded £1.00 per month in accordance with my offer. I have worked this down over the past 3 years or so and have tried to pay at least £5.00 per month sometimes more. I maybe able to step this up again and wondered if it alone would improve my situation bearing in mind that there are still 9 other defaults showing.

I guess the insurance industry is another law unto itself. Yet another organisation that has managed to shift the liability from itself to ensure it has all the facts onto the individual to disclose every last piece of information. It then suggests that an individuals hard luck may make them a criminal... Nice!

Dealing with FOS was a disaster. Because I am a sole trader and the problems were business related they tried to fast track my complaint which I thought was good. I sent lots of details to them, notified NatWest etc. The FOS agent rang me and we chatted, I filled in more details but I got the sense there was no real understanding of the issue or that they had really looked at the paperwork they I sent. When the judgement came through, whilst partly in my favour it was essentially worthless in the context of the overall problem. And within a few days they were on the phone trying to almost cajole into accepting the deal just to get me of their backs. I am a little stubborn when I being shoved around and I rejected their conclusions and sent it back to them for a review.

This dragged on, for some while in fact and even though NatWest new the process was going on decided to farm the debt out to a couple of debt collection agencies. Both of these agencies dropped it like a hot potato when they became aware the issue was at FOS. Anyway FOS accepted that the first result was flawed and carried out another review. This seemed to back all my complaints and agreed that my time spent had amounted to 70+ hours. I felt that £35.00 per hour was very reasonable. Bearing in mind my time and effort involved my work hours, other costs as a result of NatWest handling, lost business, distress etc. I pointed out that NatWest felt £35.00 was a reasonable fee for missed direct debits from my account. Apparently not the case in FOS-land

Once again I felt pressure from FOS to settle. The letter arrives giving me 28 days to make a decision and almost within a week I get a call, then a few days latter an email, then another letter. They simply were not interested in anything other than getting my complaint of the books. When I pointed out a number of NatWest actions that I felt were not in line with FSA guidelines, still not interested. 'That's not our remit'. So it's all right for NatWest to trample over everybody and ignore regulations and laws.

I am not surprised the only information that any bank or CC company sends out is to do with FOS. As an organisation I believe they are not fit for purpose. I am pretty certain that if they increased the awards given to folk like me the whole banking sector will work much harder to get it right in the first place.

I have digressed slightly, sorry if I have bored anyone!

[Amethyst]

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

It sounds like things are on the up for you and you're getting everything sorted out Good news !

Defaults should drop of your credit file after 6 years indeed- so you have a year or so until those will be gone.

Getting £10 an hour out of FOS is quite good - not many manage to get their time compensated half as well

On the CCJ's - If you speak to the Claimant who you are paying before increasing payments it might be wise, but otherwise yes good idea to get them settled....they will still stay on your file till the 6 years is up though, so up to you, if interest is being added then of course paying it off quicker will be beneficial.

I'm not sure on the rules on Insurance tho sorry.

[Nomad938]

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

Hello Flaming Parrot.

Thanks...

The above accounts were only part of the problem but were driving the time frame in which I had to make decisions. Once they could take no further action it then gave more time for other matters to work through.

There have been small but positive changes elsewhere as well, so whilst problems not fully solved I am at least moving forward (just about) again.

Am I right in thinking that after 6 years the defaults are no longer displayed on the credit file? I have 9 cards defaulted from around Dec 2009 through to April 2010 as the financial problems really hit and my business took a dive.

Further to this has been an on-going dispute with NatWest over business debts. They have admitted errors and mishandling of my accounts. This went to FOS who investigated and themselves messed up, admitted, and reinvestigated and agreed with my points of view second time round. Oddly no apologies from them, nor would they agree to my request for £35.00per hour charges for my time dealing with it. 'Not in line with the awards given by this organisation' apparently. They recognised my claim and in excess of 80 hours of work bringing it to them but thought it worth no more than £10.00 per hour! FOS are an overpaid bunch of wasters, and don't get me started on NatWest...

I am just hoping now that I can start getting some business in and earning some cash to support the family, luckily my partner has kept working and we stayed on top of the mortgage and my CCJ.

Regarding CCJ's. I have paid something every month to meet the minimum requirements is it worth my while to try and boost this monthly payment to clear it any quicker? It probably has about £450 left to clear and I cannot do it instantly but if work picks up I may be able to knock it down over the course of this year.

The CCJ seems to cause the most problems (at the moment) when I am seeking insurance, even though I am paying in full, not taking a credit option. Insurers want full disclosure (I don't disagree with this) and then ask for details about the CCJ. Apparently they feel that 'someone with a poor credit history is more likely to commit fraud to recover there financial losses' I was told last year by one company. That I do not agree with, being in debt does not make someone dishonest or a fraudster. Others have offered me cover without issue after disclosing the facts.

Advice and opinion welcome. Thanks again.

[FlamingParrot]

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

Thanks for your feedback, it's much appreciated and it helps us all!

Hope you have managed to sort out your other debts without resorting to BR as you were considering last year, if you need any more help, just shout! :director:

[Nomad938]

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

The Aftermath.

To avoid one of those threads that doesn't seem to reach a conclusion leaving you wondering what happened... here goes.

CapQuest have failed to provide the agreements as requested. I decided to write to the court explaining that I was unable to file a defence against the claim due to lack of paperwork. I went into a lot of detail with this letter and explained how I had previously sought these documents over a period of time from others as well but they had never been forthcoming. I sent copies of all this correspondence to the court to back up my explanation. I did this for both claims, the letters were similar but I made sure the details and copies were correct.

I received acknowledgement from the court for both letters thanking me for filing a defence! I had made clear on both counts that it wasn't a defence and that I could not file a defence. Anyway I left it as is. The letter from the court advised that if no further submissions were received from CapQuest then the case would be 'Stayed' after 28 days.

Here we are in February 2014 and no further communication has been received from the Court or from CapQuest. They clearly do not have the documents they need.

So.... The advice I have received through this site has on the whole been very good. I made a couple of errors and one piece of advice received here was not quite right. In my case I received two claims (Two defaulted accounts) I made the mistake of sending a response to both cases back to the solicitor involved in the same envelope. This went recorded delivery so I know it was received, however they claimed to have only received one letter. They were either inept in their mail handling or simply dishonest, I am uncertain of which.

Also the response sent to the solicitor should have gone to CapQuest as well, not as I was advised here. The reason being is that the letter gets forwarded onto CapQuest from the solicitor and this is eating into the response time that you have to deal with it.

I never spoke to the solicitor involved. I spoke to CapQuest on the phone, I found the chap I spoke to polite and courteous and was assured a particular course of action would be followed. The follow up letter from CapQuest did not reflect the phone call. I wrote back to CapQuest and advised them of this and the actual content of the phone call and conclusion. If you can record any calls made this will help you but make notes of names and times of calls. Oddly the individual I spoke to wouldn't give his surname but by keeping track of dates and times you should in theory be able to obtain this information if push came to shove. I would imagine that CapQuest have a call recording system in place.

I am uncertain what will happen now, I hope nothing. There has been no further communication from the Court or CapQuest, I have looked at my credit file and there are no changes there.

Remember, Clear detailed letters: Keep copies: Send recorded delivery: Send cases separately: Keep notes of conversations: Read through all letters downloaded from this site and make sure they make sense and are correctly abbreviated: Keep a file of all correspondence relating to the claim from the year dot if you can: Don't panic.....

Good luck.

[FlamingParrot]

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

With Retrospect the CPR request should probably have been sent to both HL Legal and CapQuest would you think?

Definitely. Normally they are sent to both the solicitors and the DCA because they often don't communicate with each other.

I am not in a position to much about this today. My defence would be around either no CCA supplied or the fact that the supplied docs do not conform etc etc.

They simply don't have the paperwork yet seem to be able to go ahead with a legal process whilst lying to the defendant and taking up time along the way. What a bunch of scumbags.

They are issuing claims like confetti! :mad2: :mad2: :mad2: Sounds like they're trying to earn their Xmas bonu$.

• http://www.legalbeagles.info/forums/...t-Claim-Please
• http://www.legalbeagles.info/forums/...mmons-received
• http://www.legalbeagles.info/forums/...-Form-Received

Still having trouble with the up-loader here on the site, have tried to put the letter letters up again today and the response is that your site is not working correctly. Do you know if this is the case or is it something at my end.

There have been a few problems with the site: http://www.legalbeagles.info/forums/...575#post383575

You could try uploading to a free image hosting service and just linking from there. This is one of them: http://postimage.org :nerd:

[Nomad938]

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

Thanks for the response, I wondered if they were going this route.

I actually got a response together yesterday to CapQuest and sent it to them by Recorded delivery, so they should have it today. I sent copies of the letters previously sent to HL Legal along with a copy of my previous letter to CapQ from August outlining the failed CCA request from 2010.

I also pointed out that their letter failed to accurately represent our phone call and noted that they record for training and monitoring. I have asked for a transcript of this call. I also advised them that I have outlined to the court the reasons for an extension and that the court had acknowledged my contact.

With Retrospect the CPR request should probably have been sent to both HL Legal and CapQuest would you think?

I am not in a position to much about this today. My defence would be around either no CCA supplied or the fact that the supplied docs do not conform etc etc.

They simply don't have the paperwork yet seem to be able to go ahead with a legal process whilst lying to the defendant and taking up time along the way. What a bunch of scumbags.

Still having trouble with the up-loader here on the site, have tried to put the letter letters up again today and the response is that your site is not working correctly. Do you know if this is the case or is it something at my end.

[littlebert8]

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

Capquest are playing games with CPR15.5. This is the second recent claim on the forum where they have agreed, or implied agreement, with a request to extend the date for filing a defence over the phone, but then gone back on this in subsequent letters. See here http://www.legalbeagles.info/forums/...m-Please/page3

If you've got contemporaneous notes of the phone calls, then keep hold of them.

If they are saying that the defence is due by tomorrow, then there is a distinct possibility that they might try to obtain judgement in default if you don't file one. If the court are saying that you need to make an application for an extension, then I don't think they will block a request for judgement if they get one. So, you either need to file a defence ASAP or be prepared to apply for a set-aside if you get a judgement

[Nomad938]

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

Hello.

Having trouble with the uploading tool today!

Have a letter from CapQ this morning referring to part of our conversation on Monday. They have advised me that they are waiting on a response from Lloyds Banking Group to obtain the documentation I have requested and then go on to say that my defence is due by 1/11/2013 and that they have not received it?!!

No mention or reference of the second account that was discussed. This letter feels like a 'fishing expedition' to see what I have but equally would they really proceed with the County Court process when they don't have the documents and a formal CPR 31.14 request has been made.

Thanks.

[Nomad938]

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

Thanks for the details, I will get the writing head on in the morning and send details to both CapQ and HL.

I have just checked my e-mail and see that the court have got back to me, pretty quickly in fact, and have sent through a form (N244 - Application Notice) if I want to apply to a district judge for an extension. I have read through it but not really sure if it applies? If the claimants are not moving forward at this time I gather the court will do nothing yet?

Thanks

[littlebert8]

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

Its bloody annoying when a claimant has representation, but does most of the work themselves. I would agree that its best to cc any correspondence to the solicitors at the address noted on the claim form if dealing direct with the claimant.

I presume they work like this because they only use the solicitors for bulk issuance and requests for judgements in undefended cases.

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

I would also copy HL in with your email request to Capquest .

[Nomad938]

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

Oh good, there I was getting worried again....

I will drop CapQ a line tomorrow to confirm todays conversation and ask them to get a hurry along. I know both were taken out in 2002 sometime so HBOS will have to dig through the archives to get the details.

[littlebert8]

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

Not really, I was just wondering whether you'd received something regarding allocation or transfer to your local court as it's been a while...

I wouldn't expect the AQ or transfer until after the defence has been filed.