capquest/drydens claim form - old LLoyds/TSB Credit Card 'debt'

[rb1elec]

Hi All

 

This Is my first post and would greatly appreciate any advice.

 

I have had a claim form from the county court business centre which says I owe £10,000 to capquest/drydens for a Lloyds credit card debt back in 2009.

 

 

It also says I have been sent a default notice, which I have never received.

 

Unfortunately my wife had a stroke at the time and I had to take time out to care for her.

I was paying only token amounts.

 

 

I am now employed part time and have managed to catch up with my mortgage, c/ tax arrears etc.

 

 

I had set up a payment of £5 pcm with capquest.

I wanted to do a direct debit,

but capquest asked me to set up a automated card payment every month.

I have found out that was stopped because my debit card was renewed

 

I don't have any paperwork for the debt,

should I request paperwork from capquest,

the issue date was the 7th December.

 

 

Any advice would be greatly appreciated.

 

 

Best Regards

Richard.

 

I have already made

a donation and will make more when I get the funds.

What a fantastic site.

[citizenB]

Hello and welcome to CAG - can you please have a read of the thread linked below. Then provide us with answers to the questions, post them here in this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Once we have this information we can then provide further advice

[Bazooka Boo]

Have you acknowledged the claim form yet (via MCOL)?

 

Do you know when you last paid anything toward this?

 

How much of what they are claiming is reclaimable fees/charges?

[citizenB]

I see you have provided the issue date - so your timeline is as follows..

 

Issue date 07.12.2015 + 5 days for service = 11.12.2015 + 14 days to acknowledge = 25.12.2015 + 14 days to submit defence = 08.01.2016

 

Your first task is to acknowledge the claim - you can do this online using the Claim reference and password on the claim form. Have a pen and paper handy because you will be given a new reference which you will then use to log into the MCOL Gateway.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can send a CPR request for information by using the draft linked above. Sadly they do not have to respond - but they might so worth sending. - You send this to the solicitor named on the claim form. Obtain a proof of posting from the post office.

 

I think you will also need to send a CCA request

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

There is a statutory fee of £1.00 that needs to go with this request and it should go to the Claimant. Again obtain a proof of posting from the post office.

[rb1elec]

Thanks very much for the information, will post cca request today and acknowledge the claim.

Will start getting the information requested and will get back to you shortly.

Again many thanks

Best regards

Richard.

[Bazooka Boo]

Make sure you get ''proof of posting'' which is free from the PO counter.

[theoldrouge]

also send the cpr31.14 request to the solicitors, and post up the info required in the link given in post #2

[rb1elec]

Hi

 

I acknowledged the debt on line, and also sent a CCA request to capquest on the 10 December 2015 with the £1 fee and recorded delivery with proof of postage

 

I received a reply from capquest on the 7/1/16 to say they have sent my request over to Lloyds banking group and they will forward Ii over to me when they receive it.

 

should they not have that prior to any Proceedings, or is that normal.

 

Thank you very much for your help so far .

Best regards

Richard.

[Bazooka Boo]

Perfectly normal.

 

DCA's have NO information regarding any accounts they hold/chase, they are simply given names, addresses, phone numbers and a figure they need to chase.

 

So you completed MCOL?

 

Did you send them the CPR request?

[AndyOrch]

Even more important have you submitted your defence ???

 

Andy

[rb1elec]

Hi

I have submitted MOCL but not sent the CPR request or sent my defence I was waiting for the CCA information to get more information about the debt.

I seem to be making a bit of a mess of this, I can only apologise as I seem to have missed a step.

Is there anything I can do or am I out of time.

Again thank you in advance for any advice you can offer.

 

 

best regards

 

 

Richard.

[AndyOrch]

I recon you are about 11 days late with your defence...so check with Northampton if you can still submit...or check MCOL on line and see if it allows you to submit your defence...that is if the claimant has not already requested judgment.

[dx100uk]

who are the sols please?

 

 

can you type up the poc from the claimform

 

 

lets get a defence filed if it will let you on mcol/...

 

 

dx

[rb1elec]

Hi Andy and DX,

Thanks for the advice

Have spoken to Northampton court and they will let me send it in today Have filled out cpr 31.14 and will submit to the court asap, I will have a read through the information again, is there anything else I should include before sending it.

 

Best Regards Richard

 

The Claiment is capquest investments for £ 11624.26 for the Lloyds banking group.

[dx100uk]

nothing to do with Lloyds at all its capquest & their sols.[WHO ARE??}

Lloyds have sold the debt on with all rights

 

 

cpr goes to the claimants solicitors not the court!!

 

 

can you type out here the eXACT Particulars of claim

from the claim form please...

 

 

[minus A/C numbers ofcourse!]

 

 

dx

[rb1elec]

Hi DX

 

There sols are drydens of Bradford ltd,

 

claimant is Capquest investments ltd

Fleet 27

rye close

Hampshire GU51 2QQ

 

Send documents to Drydens ltd

 

2 Humboldt street, shire house

Bradford, West Yorkshire

BD1 5HQ

 

in the County court business centre

claim no xxxxxx

Issue date 07 12 2015

 

My wife became seriously ill which resulted in her giving up work, I had to take time off to care for her.

this was in 2008 and she still requires a lot of care now, but we have a lot of support now.

 

 

i didn't and couldn't pay anything for about 4 years,

I started back at work part time, and could only make token payments £5 pm,

which I was paying up until about a year ago.

 

 

I have not seen any notification from capquest other than the claim form witch I recently received,

I was lookin at form N9D I fill it out and send it to Northampton would that be OK.

 

Really sorry to bother you about it

Regards Richard

[AndyOrch]

Particulars of claim please rb1elec they are in the box to the left of the claim form. We cant advise unless we know what they are claiming for.

[rb1elec]

lloyds banking group

 

 

Defendant failed to maintain payments

 

 

Default notice was served, defendant has not complied with

by virtue of a sale agreement between Lloyds banking group

the defendant has been notified by letter

[AndyOrch]

lloyds banking group

 

 

Defendant failed to maintain payments

 

 

Default notice was served, defendant has not complied with

by virtue of a sale agreement between Lloyds banking group

the defendant has been notified by letter

 

Thats it...verbatim...you have not changed any words or missed anything out?

[rb1elec]

Other than the claim amount which £11624.26 I have mentioned earlier

[AndyOrch]

Still looks abridged to me...or it was drafted by a child or someone with bad articulate skills.

 

So it goes something like this...

 

Particulars of Claim are :-

 

1.Defendant failed to maintain payments.

 

2.Default notice was served, defendant has not complied with.

 

3.By virtue of a sale agreement between Lloyds banking group the defendant has been notified by letter.

 

£11624.26

[dx100uk]

usual drydens POC is:

 

 

Particulars of claim

 

1. The claim is for the sum of £x,xxx,xx in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Bank Group under account number *****, 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 Lloyds Banking Group 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 solicitors on.........""

[AndyOrch]

Excellent, thanks DX...getting there slowly...if we can speed up rb1elec...can you confirm the above PoC? ...before they press the button for judgment.