CCJ Claim received for Capquest/Vanquis account

[gibelatos]

Hello,

 

I'm hoping to get a little advice on a Court Claim letter I received a couple of days ago:

 

It is from Northampton County Court and is in relation to a debt I have had with Vanquis for a few years now(defaulted in 2012 according to my credit file), which Capquest have now taken on: the amount on the claim is for £1591.60 including court and solicitor(Drysden Fairfax) fees.

 

The original amount owed was less than £1000. I do not recall receiving anything from Capquest about this, and it's been years since Vanquis contacted me.

 

I have logged in online and filled in the AoS form. Where do I go from here in regards to preparing a defence?

 

I'm not sure I can offer a defence, however given that I can't recall receiving a default notice and the amount is much higher than what I recall surely I can do something?

 

Any advice on what I should do next would be greatly appreciated, even if you tell me to just ring Capquest and pay it. I really don't want a CCJ and will do what's necessary to defend it/get it sorte

[theoldrouge]

you have 33 days in total to deal with this.5 deemed served, 14 to ack, and a further 14 to submit your defence.Please type up the exact wording of the poc, without personal details. Is this debt on your cra files?

[gibelatos]

Yes it's on my file - it states that the account defaulted 31 October 2012. I have had no issues obtaining credit over the past couple of years, only when me and my partner recently applied for a mortgage and failed did I check my file. Then this turns up at my mother's address.

 

Particulars of Claim:

 

1. The claim is for the sum of £1446.60 in respect of monies owing by the defendant on a credit agreement held by the defendant with

Vanquis

under the account number 68259J upon which the

defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between

Vanquis

and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

 

Contact drydensfairfax solicitiors on: 0113 823 3430.

 

logged into the portal last night and completed the AoS; I figured that with the letter being dated 20/2/2014 I best act. I am not sure if I have done the right thing in completing the AoS but after a little research I thought maybe I could find some reason to defend this:

 

- I don't recall signing any agreement.

 

- The amount is much higher than I can remember.

 

- I can't recall receiving a default notice - I haven't lived at the address on the form for many years(it's my mothers address), however I did use that address when I was at Uni. If I receive any mail at the address my mother gives it to me, and I wouldn't have ignored the default notice if I did indeed receive one.

 

If the above isn't grounds for a defence can I just pay the amount, or is it too late not I've submitted the AoS? If I can still pay it off what windows do I have to pay the amount without incurring a CCJ. And If a CCJ is awarded against me is there any time to pay it off and get it removed? I'm sure I read one month after it's awarded against me I can pay it all off and stop it going on my file?

Edited March 4, 2014 by gibelatos

[theoldrouge]

what was the date the account was opened? You need to send a cca request to the claimant, if you have not previously sent one. In addition you need to send a request under cpr 31.14 to the claimants solicitors for the docs they have mentioned in their poc, ie,the agreement, default notice,notice of assignment and statement of ac-template letter in library, any charges or ins you can reclaim?

[gibelatos]

I opened the account back in 2010. It defaulted in 2012.

 

I contacted Drydens today and they refused to negotiate a settlement out of court, insisted I pay in full or accept the CCJ.

 

It has been brought to my attention that the claim form is signed by the company, not an individual - is this something I can flag?

 

I will send the CCA and CPR to them tomorrow morning, recored and with the correct postal order.

 

Out of curiosity what sort of technicality proves successful in this sort of case?

 

In truth I am just trying to drag this out in order to raise the funs, I have no idea on what grounds I could defend this but if I drag it out and get it awarded against me I have 28 days to pay it in full before it's on my credit file, is that right?

[AndyOrch]

" In truth I am just trying to drag this out in order to raise the funs, I have no idea on what grounds I could defend this but if I drag it out and get it awarded against me I have 28 days to pay it in full before it's on my credit file, is that right? "

 

Yes and is a viable option to avoid judgment.

 

Regards

 

Andy

[gibelatos]

Great stuff. I mentioned this on another forum and got slaughtered for not just paying it.

 

The individual I spoke to at Dryden said once they win the case I cannot do anything to remove it from my credit file, they said that if I pay in full any time after I've received the CCJ it won't make any difference to my file.

[AndyOrch]

No you have a certain period to settle it once judgment is obtained...if its not paid within that time it then appears on the Trust Register as satisfied...but if paid by the stated date it disappears.

 

 

Serves you right for looking at none entity forums:lol:

[theoldrouge]

you may of course win:-)

[gibelatos]

Hahaha, I'm not holding my breath. I've been told the debt is too new for me to have any real chance. That said I've been told a lot of things since seeking advice.

 

I will pay it if it the judgement gets obtained. In the meantime it's thrifty living and stalling tactics.

 

It has been brought to my attention that the claim form is signed by the company, not an individual - is this something I can flag to delay proceedings?

 

You wouldn't believe the hassle I got for posting this message on the forum.

[AndyOrch]

The Claimant, or his solicitor , should sign the “Statement of Truth” at the end of the Claim Form and at the end of the Particulars of Claim if they are contained in a separate document. The full name of the person signing the statement of truth should be stated and if that person is signing on behalf of a firm or company their position in that firm or company should be stated.

 

Regards

 

Andy

[gibelatos]

Exactly what I was told earlier. At present it is signed by company themselves, not an individual from the firm.

 

I rang Drydens and said I want it rectifying and signing by an individual at the firm, the Drydens employee informed me that the court applies the signature (she the backed this up by discussing with a colleague) and they have no involvement with the Claim form. She then told me to call back before 5pm and someone more experienced will be able to help.

 

I took her name and sent her an email to confirm what was said via telephone - no reply as of yet.

 

I am sure they will amend the document, but if they don't can I have this struck off?

 

I was willing to just give up the ghost and pay them until I asked them to settle out of court and I would pay the amount in 5 instalments - flat out refused.

[AndyOrch]

If the claim was issued from CCBC then it can be signed as a firm and applied by CCBC if its served from Salford CCMCC then it would require a Signature.Its not a showstopper so I would let that go and concentrate on the claim.

 

So no you cant get it struck out on that point.

[gibelatos]

No problem, will give them a call anyway and see what they say. If it drags it out a little longer then great.

[theoldrouge]

as you said earlier the ac is too recent for cca issues, they should easily be able to comply, imo, you need to concentrate on lack of default notice or faulty dn, and also any transactional disputes, also if you wish to drag it out and drydens dont reply with docs as your defence deadline looms, request that they agree to a 28 day extension for filing your defence under cpr 15.5. It may help to send a sar to vanquis, can take 40 days but may help later for the sake of £10

[sytra]

If the claim was issued from CCBC then it can be signed as a firm and applied by CCBC

If this is right Andy doesn't it really go against the CPR? and how come other companies (solicitors) can get it right?

[sytra]

you need to concentrate on lack of default notice or faulty dn,

TOR is correct, the Vanquis DN WILL be totally incorrect I would have thought (being from 2012, probably before any amended template)

Chances are Capquest and Drydens will not supply the paperwork in time.

[AndyOrch]

If this is right Andy doesn't it really go against the CPR? and how come other companies (solicitors) can get it right?

 

Well yes it does but the CPR is slowly catching up with the advances in IT and CCBC.

[sytra]

OP did you have any further news on this claim?

 

I only ask because Drydens / Capquest started a claim against me in Jan, and have recently won against them, the case was struck out for failing to sign the POC correctly, failing to respond to CPR31 and a couple of other things, we won with costs awarded.

[AndyOrch]

OP did you have any further news on this claim?

 

I only ask because Drydens / Capquest started a claim against me in Jan, and have recently won against them, the case was struck out for failing to sign the POC correctly, failing to respond to CPR31 and a couple of other things, we won with costs awarded.

 

If you could update your own thread sytra then it has a conclusion and details of the your win...perhaps post up a copy of your General Order and strike out details.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414837-Vanquis-Capquest-Drydens-Fairfax-claim-form-help/page2

 

Regards

 

Andy