old Capquest court claim - was stayed - now looking at Summary judgement? - help

[sarajonsey]

An old debt has been chased and chased by numerous DC's after the original creditor.

A year ago I received a claimform [did say SD-edit by dx]

 

 

I submitted defence.

Heard nothing since.

Had a letter now saying they are going to consider applying for summary judgement?

I would be so grateful for any help and advice this group can give me.

 

 

update see post 13^^ wrong info. here

[renegadeimp]

SD is just their intention to make you bankrupt. However the banrupt min amount is pretty high, and many creditors just threaten it to try and get yout cave in and give them money.

[citizenB]

I thought a Stat Demand had to be dealt with within 4 months.

 

When you received the Stat demand, you would have made an application to set aside, yes ?

 

The court should have sent you a date for a hearing if it didn't automatically set it aside.

 

I am not sure summary judgment applies to Stat Demands, I will leave a message for someone who can help.

[fkofilee]

No Summary Judgements do not apply to Stat ~Demands... thats when a court claim has been issued ...

Edited August 2, 2015 by Andyorch
amended

[dx100uk]

I guess this is your Lowell cap1 debt??

 

They have no CCA?

So can go swing?

DX

[citizenB]

I asked the question - can they apply for summary judgment on a stat demand and the answer I received is below.

 

In a word ...no....only on a court claim CPR 24 ...with regards to the SD there is no expiry period for a statutory demand. However' date=' if more than 4 months has passed since they served the demand, and they tried to resurrect it they will need to explain to the court why you have delayed in presenting a bankruptcy petition. If the delay is too long, they may have to serve a fresh statutory demand.[/quote']

 

If I read your post above correctly it has been more than a year passed since they issued the stat demand.

[sarajonsey]

I must apologise I got this wrong, my brain must have been frazzled after my medication!

It s not a statutory demand ...sorry.....the letter I have received is threatening to apply for summary judgement... this is after receiving a court claim well over a year ago and putting in a defence.

[citizenB]

Ah.. well in that case, if it was a proper claim issued through MCOL, then they can apply for a summary judgment.

 

This is a way of them finding out how strong your defence is .. so you would really need to be prepared as though it is a hearing proper.

 

Have they sent you a copy of the Summary Judgment application, because you are allowed to submit a witness statement up to 7 days prior to the hearing.

[sarajonsey]

Sorry...will start a new thread I'm confusing things .

[dx100uk]

ive made this the thread

keep posting on this one

[dx100uk]

update via PM:

 

The letter is asking me to agree to a consent order and if I don't they will apply to the court for summary judgement.

 

this is the Lloyds one who capquest sent a county court claim form over a year ago...

.I then sent the defence....then nothing ....now they sent letter saying they want a summary defence.

 

This is where the panic set in..

 

..I have been really ill over the past 3 years due to complications with my disability and can no longer walk,

my husband has found this a huge strain and has been suffering with depression

 

( sorry ...this isn't meant to be a sob story just trying to explain why I have been so stupid)...

 

.this letter came in June and only yesterday I opened it

 

...I thought it was just more junk mail.

 

So could you explain to me what summary judgement means in this case

 

and what my options are (I have a feeling its not looking good(

[dx100uk]

well if this is from june

 

it looks like it was simply a threat.

 

why was the claim stayed, no paperwork?

[sarajonsey]

Received a County court Claim back in April 2014.

 

Filed a defence with the help of this group.

 

Heard nothing in meantime....

 

About 16 months later have now received a letter asking me to agree to a consent order

and if I don't they will apply to the court for summary judgement.

 

Having been seriously ill this letter was sent to me a month ago and only now I am opening it.....

I am in a right panic today and don't know what to do, all help will be greatly appreciated.

[dx100uk]

so simple arm waving

 

 

I take it they have no paperwork so you filed that defence?

 

 

dx

[sarajonsey]

Thanks DX

This is an old credit card with Lloyds...been through endless DCs over the years.

 

Now I don't claim to know a lot about this stuff but I don't know how its gone on for so long....there are so many things wrong

 

Its been in dispute since 2010.

It defaulted in 2006 and we made token payments between then and 2010.

 

The account number of the credit card we took out was xxxx xxxx xxxx 1673

and yet the account number they are claiming is xxxx xxxx xxxx 5302

 

The pile of copy statements they sent out...the account suddenly changes account number in 2006 ????

 

I have a statement showing a balance of NIL on the actual account we took out.

 

The new account number they seem to have changed it over to has no paperwork at all..

.obviously ......as we were unaware they had done this.

 

I find this very confusing.

 

By the way

I should mention its capquest that now own the so called debt

and who have said they will now apply for summary judgement if I don't sign a consent order.

[dx100uk]

what defence did you file?

 

 

I cant find an existing thread ?

 

 

dx

[sarajonsey]

Been looking back...no it isn't that one DX.

I cant see anything relating to this one....may have confused me with the 2 different account numbers this one has.

[sarajonsey]

Im going to go get all the paperwork together now...

[dx100uk]

so how can we have helped you do the defence etc puzlled

 

 

ok get scanning

put it all in a multipage word doc

then PDF that and attach it.

 

 

or i'll give you an email to send it all too

 

 

don't put it on photobucket page by page

waste of time.

[sarajonsey]

the CCA they sent has No agreement number printed on it....it is added at the top in handwriting.

 

And the agreement number is the first one (as explained in post 15)

 

Then the old statements they have provided begin with the first agreement number and the card is called Create...

 

.then the remaining ones up to 2007 have the second agreement number I mentioned and is called your mastercard platinum???

 

It would seem that when we wrote to LLoyds saying we were in difficulty and asking them if they would consider writing the debt off ,

we genuinely thought they had as they sent us a statement showing a balance of zero..

 

..BUT it seems they invented a new account and put the debt on there.

Surely they cant do this?

 

obviously there is no paperwork for the new account they invented..

..but it looks as if they merged the two into one, probably hoping we wouldn't notice.

 

I will scan some docs now and email them.

 

What action do I need to take then ???

[dx100uk]

for the card number in the POC of the claimform

is there a signed credit agreement by you with that number typed [not handwritten at the top]

 

 

if not they are trying it on and the case remains stayed

you ignore them until some comes FROM THE COURT.

 

 

dx

[sarajonsey]

Could I have the email address please dx

[sarajonsey]

On the POC form they use the second agreement number, the one they invented.

[sarajonsey]

Im sorry trying to scan to send but im afraid I don't have much knowledge on how to do these things.

[sarajonsey]

Im not having much luck trying to do this pdf file to attach..

 

 

.Ive spent so long now and not getting anywhere I am ready to chuck this computer out of the window!.

 

 

..sorry my computer skills are pretty basic as you can guess.

 

 

...will have to wait til the grandchildren call over

 

In the meantime

 

 

...Please can you tell me if there is anything I should do,

 

 

can decisions be made without me knowing or would the court get in touch first?