Capquest Claimform - OHs old Cap 1 card debt

[dazza3956]

hi

i hope someone can help.my partner received a form from northampton court for a debt that she doesn't know how old it is and this is the first bit of communication she has had for the debt.

she believes she does owe part of the debt but not the amount it states.

can someone please advise on what she does next and what happens if it goes to court.she is unemployed and can't afford to pay this amount .the court letter seems quite straight forward to fill in but would like some advice before doing so.the amount is for £299.she doesn't know when she made a payment last but it has to be close to 6 years ago but not certain.

thanx

daz

Edited October 30, 2008 by dazza3956
forgot to add something

[42man]

Hi Dazza.....can you tell us what the Particulars Of Claim are ? but don't be too specific with the numbers....

 

Also do you know when the last payment was made towards this debt ?

[dazza3956]

hi

i think i had a reply to my post but nothing showing up on here.had an e-mail to say about a reply.i've been waiting to see if it updates but no success so trying again.thanx to the person who replied.just showed up when i posted my second post.hank you 42man.what do you mean about particulars of claim?the amount is for £299 and she is not sure when the last payments were made only that is was a few years but ot sure if it is longer than 6 years.

dazza

Edited October 30, 2008 by dazza3956
needed to add something.

[ScabHunter]

If this is a court claim we need to get some of the legal guys in here quickly.

 

Some questions -

 

1. Do you know how long you have to respond to this court claim?

2. Do you know exactly what kind of account that this relates to?

3. Can you tell us who has issued the court claim?

 

SH

[dazza3956]

hi thanx for the reply .

the respond time is 14 days which takes it to about 18th nov (taking in to account the notes on the form about service date).

the claimant is capquest investments ltd and the debt is for capital one.

what is the worst that can happen after it goes to court as my partner is not working at the moment and couldn't afford to pay hardly anything as she is on income support and has a young toddler to support.

thanx

dazza

 

i don't know if it makes any difference but the debt is in her married name and she has now reverted back to her maiden name(which she has been known as for a number of years).will try to find out how old the debt is .

Edited November 1, 2008 by dazza3956
forgot something

[ScabHunter]

Ah! Crapital One! Or should that be (Al) Capone?

 

My favourite people in the whole world.

 

The first thing you need to do is get a CCA request sent off to Crapquest. If they are trying to enforce an alleged debt through the courts they will need an enforceable agreement.

 

Here is the letter -

 

Your street

 

District

County

Postcode

 

DATE

 

 

The Bank

Street

District

County

Postcode

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. Please note that these funds are not to be used for any other purpose.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents request are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt

 

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfliche or that you no longer hold the file

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request

 

Therefore I look forward to receiving this information within the time frames as indicated above

 

 

 

 

 

Yours faithfully

 

XXXXXXXXXXXX

 

 

Send this by Special Delivery. Don't even risk recorded on this as court is involved. You NEED evidence that this has been signed for.

 

Enclose a £1 postal order. Definitely no cheques and definitely do not sign the letter. You do not want to make them a gift of your signature which they can get creative with.

 

SH

[ScabHunter]

It is a shame you didn't mention these characters in your original post - we could have got that letter off before the weekend.

 

Not that it matters that much as they will still be in default of your request by the time of any court hearing should they fail to provide an enforceable agreement. Get that off Monday morning.

 

At least we are not in a total panic situation here, and have some time to formulate the correct defence.

 

There is a chance that they may not have an enforceable agreement, which should be enough of a defence in itself.

 

You say you think part of the alleged debt is owed but not the rest of it? If there is another reason for dispute, it will all help.

 

I am now going off to have a read of Martin's (one of the site team) thread on Capquest, and I will be back here shortly.

 

You will get the help you need from CAG.

 

As for the worst that can happen - If they do manage to get a CCJ against you, and your partner is on benefits, the court will award a monthly payment based on what is affordable. This could be as little as £1 or £2 a month. Courts are not there to persecute people who owe money. Only if a court awarded a CCJ and you refused to pay it could they then start sending in bailiffs to seize your goods.

 

SH

[dazza3956]

thanx scabhunter,

makes us feel a lot better.will get that letter off monday morning.

thanx

dazza

[ScabHunter]

The next step is to get a demand sent off to Capquest for information under the Civil Procedure Rules.

 

Many people will say that the CCA request in the previous post is unnecessary, as a request for a copy of the actual executed agreement is included in the Civil Procedure Rules request.

 

Personally, I would still send a CCA request, as a default on this is just one more argument that the alleged debt is unenforceable. With a Crap One card of that age, there is every chance that they will not be able to satisfy this stand-alone request, which will in itself be a total defence to the court action.

 

Here is a letter for demanding information under the Civil Procedure Rules -

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have beed duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a County Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

 

 

 

Add amend or delete those parts that do not apply in your case. Send Special Delivery.

 

Get this off as soon as you can. It will be fascinating to see what, if anything, they come back with. If (and it is a big if) they comply with this request, then we will see whether or not the alleged debt is statute barred.

 

My obvious reaction on reading this thread was that it would not be. That it would be just under the six years, and that this court claim was a last deserate attempt to collect on the alleged debt before it went SB. Having read more about Capquest, I am not so sure. They seem to have no reluctance in chasing statute barred debts.

 

I have been reading Capquest threads with interest. They are trigger happy, and quite prepared to launch spurious court claims they have no chance of winning in the hope that the defendant just rolls over and gives them judgement by default.

 

 

I need to stress at this stage that I am NOT legally qualified, and that I hope one of the big hitters on this site will come in to this thread and help within the next two or three days.

 

Do you have access to a scanner? Can you post up the forms, making completely sure that anything which identifies you personally is blacked out?

 

SH

[dazza3956]

thanx again SH

i will scan the court form my partner was sent.i'm sure i will get it done by tomorrow at the latest.thanx again for the letter , it will be in the post first thing monday morning.

dazza

[dazza3956]

i hope i've done this right.please forgive me if i haven't.

 

 

[dazza3956]

hi

just one question .do i send the letter to capquest fleet 27 or the other address hl legal & collections herbert street?

thanx again

dazza

[creditcardmug]

Hi, you need to head that letter "Request for Information CPR 18"

 

Send to HR Legal as on the court claim.

 

You need to acknowledge service, you can do this online using the password on the front of the claim, tick defend all, and print the reciept when prompted, you will then have 33 days from 29/10 to file your defence.

[creditcardmug]

Actually heres a more complete one you can use.

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[ScabHunter]

Thanks creditcardmug.

 

That is a more complete letter. Right, send that off by Special Delivery to HL Legal as suggested.

 

I would still send a CCA request to Capquest as well. This is not part of this court case as such, but if they fail to produce an enforceable agreement, the account will be in dispute by the time of any hearing. This is a stand alone request which you would need to send to Capquest and not HL Legal.

 

Again, this is optional, as a request for the agreement is included in the letter above under the Civil Procedure Rules. As you don't know what silly games HL Legal will play in response to your CPR request, I still think the CCA request is worth sending. It is up to you.

 

SH

[dazza3956]

ok thats great .thanx a lot.

wiil keep you posted and will get the letter off first thing.

thanx

dazza

[42man]

Dazza....If it was me in your position then, I would send them this letter - by recorded delivery

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your 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 / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. 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

 

3 the default notice

 

Your client should ensure compliance with its 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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© 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

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[42man]

If they fail to respond to the above then this is your defence....

 

(but keep us posted at every step)

 

1 The Defendant denies ever having been indebted to XXXX and denies credit has ever been advanced to him/her by XXXXX.

 

2 The Defendant repeats paragraph 1 of his/her Defence and denies a debt was and/or was capable of assignment by XXXXX to the Claimant.

 

3 The Claimant's claim to be entitled to £XXXX for debt, to statutory interest or to any monetary or other relief of any kind is denied.

 

I BELIEVE THE FACTS SET OUT IN THIS DEFENCE ARE TRUE

 

Signed:

 

Dated:

[dazza3956]

hi again.

thanx for the replies .i sent a letter off by special delivery and have had a reply from capquest.i've typed in what the letter says for you to read.we found out the debt is from 2004 so is not statute barred.please could you advise me on the next course of action to take.

thanx again

dazza

letter from capquest:

we thank you for your recent correspondence,the contents of which have been duly noted.

please be advised that as you require Subject Access information in relation to this account ,we require the statutory £10 administration fee.this is in line with the Subject Access Request rules.

this can be made by cheque or postal order ,with your reference number *****, and the words Record Fee Only clearly marked on the reverse.

please also provide proof of your identity,such as drivers licence,and a document that links you to your current address.

[supasnooper]

Hi dazza,

 

Which letter did you send to Capquest ?

 

The CPR 18, CPR 31 or SAR ?

[42man]

Did you send the CPR to HL Legal ?

[ScabHunter]

They are trying to pull a fast one.

 

£10 is the statutory fee for a Subject Access Request. The only thing is, you didn't send them a Subject Access Request, but a demand for information under the Civil Procedure Rules.

 

A Subject Access Request would be useless in this case, because they would have 40 days to comply with it. That is why they are trying to get you to "admit" that that is what you have sent.

 

So, the alleged debt is not Statute Barred. That is one defence out of the window.

 

There are others. The CCA request. Did you send it on Monday 3rd? Have you checked to see whether or not it has been signed for?

 

With a Crap One card of that age it is very unlikely there will be an enforceable agreement, so this is essential evidence. All the more so now that Limitations has been ruled out.

 

So, they have decided not to comply with your request under the Civil Procedure Rules. Exactly which letter did you send, when did you send it, and when was it signed for?

 

SH

[42man]

No they aren't trying to pull a fast one I suspect the poster has sent the CPR to Capquest instead of HL Legal !!!

[dazza3956]

hi

i sent the letter cpr18.i did send it to hl legal not capquest.i didnt send a subject access request.i sent it on monday 3rd special delivery.not sure when it was signed for as i haven't checked up on that.can i do it with the royal mail website?

i haven't done the court form defence on line yet .i wanted to see what you guys said first and to know what to say after this reply.

thanx again

dazza

ps i didnt send a cca request .was that a bad move or can i still send one.

Edited November 13, 2008 by dazza3956
missing info

[ScabHunter]

In my opinion not sending a CCA request was a very bad move.

 

They would need to hold a valid enforceable agreement to get a judgment, and Crap One rarely produce one for an account of this age.

 

This agreement needs to be produced under the Civil Procedure Rules, but, as you can now see, companies like these will play silly buggers with the Civil Procedure Rules.

 

A CCA request is a stand-alone request that they have to comply with. The lack of an enforceable agreement will be a complete defence to this claim.

 

I would very strongly recommend getting a CCA request off to Capquest tomorrow morning. Send it by Special Delivery. Do not even risk recorded as that is bulk-signed.

 

Send it to Capquest and not HL Legal, as the CCA request does not relate directly to the court claim. They will have 12+2 days to comply with this request, so they will still be in default of it before any hearing takes place.

 

Make sure you get this done. As Limitations is no longer a defence in this case, the agreement is of paramount importance.

 

SH