Is this type of print out a modern day CCA agreement?

Signature of customer (Yes box ticked)

Date of signature 09/07/2015

Signature on behalf of newday Ltd (Yes boxed ticked)

Date of signature 09/07/2015

Customer I P address 10 151 xx xx xx

seems a bit strange as they failed to supply a valid CCA agreement. Can they be asked to do this by an independent arbiter?

I would never be able to pay this in full at mediation though.

This is a well documented as a case. I did not receive a n180 but I did receive Overdales copy to me.

Im still getting my head around what I must do and need to work out a good reason for it not being necessary to go to court.

Many thanks for your intervention .

 The defendant must file the directions questionnaire with the CNBC on or before 7 days from the service of this order. If the defendant does not comply with this notice your defence will automatically be struck out without further order od the court and subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement.

A party making such an application must file the application with the CNBC together with any appropriate fee within seven days of service of this order'

Dated 18 October 2023

"Capquest Debt Recovery Limited is registered in England and Wales with company number 03772278. Its registered office is Belvedere, 12 Booth Street, Manchester, M2 4AW. "

There are two addresses at the bottom of their letters though.  You will know better than I do which address to post the official notification of my current address.

12 Booth Street Manchester M2 4AW

The Omnibus building, Lesbourne Road, Reigate, Surrey RH2 7JP

Their actual letter...

21 June 2023

Capquest

Dear Overdone 2

Notice of assignment

Please read this notice carefully as it contains important information about your account with reference number xxxxxxxxx

As of 31 May 2023, your Credit card account (previously between you and Capital One with a reference number of xxxxxxxxxxxxxxxx has been assigned from Capquest Investment to Intrum Poplar designated activity company.

On this date all the rights and obligations of Capquest Investments LTD as owner of the debt. Transferred to Intrum Poplar Designated Activity Company.- and the balance on your account was £21xx.xx. Any payment made on the date of assignment have been forwarded to Intrum Poplar Designated Activity Company. At the same time, Intrum Poplar Designated Activity Company decided to appoint Cap Quest Recovery LTD as the administrator of your account. This means that going forward, all communication in relation to this account which you would normally receive from the account owner will come from Cap quest directly.

At present your account is being managed by Opus LTD and they will continue to do so until we notify you of any changes to the servicing arrangements. For support with your account please contact Opus LTD. Their contact details are 2nd floor, 15 Meadowbank street, Dumbarton,  0141 428 3990

Cap quest Debt Recovery

Yes the penny did drop. Im sorry I did not make that more clear to you.  I shall officially notify Cap Quest that this is my new address.

21 June 2023

Capquest

We are writing to let you know that on 31st May 2023 we (Capquest Investments Ltd) assigned ownership and legal rights to your credit agreement previously between you and Capital one to Intrum popular design Activity company.

As Intrum Popular Design Activity Company will now own all interest and rights to the credit agreement, they have appointed Cap Quest Recovery Ltd as an administrator of your account going forward

The outstanding balance at the time of assignment was £21xx.xx. Any payment made towards the balance should now be paid towards Cap Quest and any payments made to Capquest Investments Ltd will be forwarded to Cap Quest.

There is nothing you need to do as a result of this change. Please read the enclosed letter from Cap Quest issued on behalf of Intrum popular design activity company which gives further details on the transfer and further details on the transfer and further information on what this means to you.

As a result of the change in ownership and in line with the data protection act 2018, Cap Quest is now the controller of your personal data contained in the records of this account. Capquest Investments LTD will no longer control or process any further personal data in relation to your account.

Cap Quest Investments LTD

Thank you for your information.  I take your point thoroughly. I wonder why they have written to me here though. Is it to lure me into a state of false security perhaps?

My new address has obviously been recorded by Cap Quest

I had guessed that they were on their last legs and this is a desperate last-ditch attempt.

I can see on my personal level that the CPR is not built for purpose as some items are missing, It is down to me to itemize this and put it in writing for their records.

I have previous experience of doing inadequate S.A.R. But that was 15 years ago using C.A.G. I remember that you were on here even that far back so, I thank you for your help.

I don't have many years left to live. They should assess that too.

I understand what you are saying so let me just think.  Also, my income and expenditure sheet shows I can only afford one pound a month so it looks pretty much like a lose-lose situation on their side. Surely they take this into account.

accompanying letter reads...

26th July

Dear Overdone 2

We have received from the court a copy of your defence from which we note that you have requested the documents to substantiate our clients claim.

Please find attached

1 credit agreement

2. Terms and conditions

3. Statements of account

4 Notice of assignment

We are still awaiting a copy of the default notice and as soon as this is received we will arrange for this to be forwarded to you.

From the documents provided, our client is confident that the sum claimed is properly due and owing.  However, in an effort to bring this matter to a swift conclusion, we have been instructed to enter into settlement negotiations.  We have therefore been instructed to put forward the following offer of settlement:

£1,900.00 in full and final settlement by installments of £50.00 per month or any reasonable installment offer you wish to put forward.

This above offer remains open for acceptance until 10 August 2023

Should you be unsure of your position, we would recommend that you seek independent advice from a solicitor of your choice or a citizen's advice bureau.

If the above offer is acceptable to you, our client will require the agreement to be formalized by way of a Tomlin Order signed by both parties and filed at court.  This will bring the court proceedings to an end and will prevent a County court judgment from being entered against you providing the agreed monthly installments are maintained. The court charges a fee of £108.00 to consider a Tomlin order and this fee will have to be met by you.

Please do not hesitate to contact us should you have any queries.

Overdales

Yes I have moved in the last few years but this is posted to my new address. I do not owe this to cap one.  Both of my cards with cap one are in order.  I suspect this refers to an account with vanqis I reneged on four or five years ago. Is is confusing as I have to establish what this debt is about.

Just got a letter from Cap Quest who say they have acquired an alleged Capital One account.  I suppose I send a C C A request to Cap One.

I don't have a scanner but I think I can work this out as being an inadequate c.p.r request. I.e. Missing statements, and no valid CCA enclosed etc.

Well they sent me a very thick envelope today but none of their pages have my signature on.  How can I be sure they sent me a CCA agreement that is a copy of anything I allegedly signed?

17th May 2023

Dear Overdone 2

We refer to the matter to the left of this letter and confirm that we have received a copy of your defence from the court. We have also received a copy of your financial statement.

As previously stated, we have requested the requisite documents from the original creditor. New day Ltd and as soon as these are to hand we will contact you further.

In the meantime please find enclosed a copy of the directions questionnaire which we have now sent to the court.  The court will shortly send you your own directions questionnaire and confirm a date by which it must be returned.

We have agreed to mediation in our directions questionnaire which may result in settlement without further legal actions and costs. Mediation would be conducted over the telephone by an independent mediator.  If you agree to mediation, please ensure you tick the Yes box in part one of your own Directions questionnaire.

If you would like to settle this matter directly, our client invited you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement may avoid a hearing or judgement and also additional costs being added to your debt.

We recommend you obtain independent legal advice in order to fully understand your rights in relation to this claim.  You can instruct a solicitor of your choice or obtain legal advice from A Citizens advice Bureau or other legal advice centre.

Overdales solicitors.

you did not overtly draw my attention to this as I frequently stated I am new to CCJ defence. I do not fear paperwork coming through my door. Should I be?

On 04/05/2023 at 23:01, overdone2 said:

 The best my confused mind can come up with at present.

 

On receipt of this claim form I could not recall the details of any agreement or debt and therefore reasonably sought clarity and information from the claimant.

 

On the 00/00/00 I formally requested via CPR18 and s.77 CCA 1974:

 

A copy of the original agreement

A statement of account

A copy of the Terms and Conditions as applicable at the time of the agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to take action

 

Having made a claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

I used the defence posted 4 above as the best I could think of.

Dear Overdone,

I acknowledge receipt of your defence. A copy is being served on the claimant.  The claimant may contact you direct to attempt to resolve any dispute.  If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed.  The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

H M Courts and Tribunal service.

Well, I don't mind admitting I am biting my nails over this. 

I sent them an I and E statement showing them sod all funding left over after my bills are paid and I hope it weakens Overdales resolve to sue for anything.

Defence submitted. 

Fingers crossed.

They say the first one of anything is the most difficult.

 The best my confused mind can come up with at present.

On receipt of this claim form I could not recall the details of any agreement or debt and therefore reasonably sought clarity and information from the claimant.

On the 00/00/00 I formally requested via CPR18 and s.77 CCA 1974:

A copy of the original agreement

A statement of account

A copy of the Terms and Conditions as applicable at the time of the agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to take action

Having made a claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.