Capquest after a CCJ..Any advice pls

batmanforever

New to this board so I'll be as brief as poss.

Was paying Capquest £10 a month on a debt that was originally from AMEX.

They applied to Northhamptom CC for a CCJ and in my defence I wrote a standard letter asking for...

1. A true copy the executed agreemant etc.
2. All records they hold etc.
3. Any other docs they seek to rely on in court etc.

Didn't here from Capquest but the court wrote back to advise that Capquest wish to proceed but that it is being transfered to my local CC. They included am Allocation questionaire (small claims track).

Qu 1. Is this normal proceedure?
Qu 2. What are my chances of putting up a defence bearing in mind they have been unwilling to provide this information?
Qu 3. Are they likely to attand the hearing at my local CC?

Any other advise appreciated.

Thanks in advance.

OliveOyl_2

I'll bump you for the morning crew.

But I believe there is a deadline for producing a correct CCA and if you've asked for it (sent it by recorded???) then the debt isn't enforceable withoout it....someone I'm sure will know for certain.

Good luck

stapeley

Hi , DCA,s rely on people not defending a court case . In many cases when you enter a defence , example non production of a true signed CCA , they withdraw the case . In the court papers , like you say , you can request all imformation they will produce in court . The main thing to request, is the CCA , WITHOUT THAT THEY ARE STUFFED .

batmanforever

Cheers for the advise folks, think I'll "tough it out" with them & go to court if ness. The request for a CCS etc was sent direct from me & via the courts about 6 weeks ago. They've come up with nothing since so I'm banking on them not having it.

I'll keep ya's in touch but if you've got ant more thought I'd be glad to here.

RAS

Hi

Unless the debt was acquired recently (since April 07), then without the CCA, they cannot win this court case. One OP here defended a case regarding a CCJ which was not paid for and won the case because the CCA was not produced.

batmanforever

Hi All,

Hoping someone may have some answers.
Capquest have stated they wish to continue with the court case & have sent some info relevent to the case including...

1. A poor quality copy of a document they are claiming to be a signed CCA.
2. A letter from Capquest advising me they had aquired the debt from AMEX in 2006.
3. Copies of credit card statements showing how the money was spent.
4. Copies of the terms & conditions.
5. (Odd as this sounds) copies of financial details of 2 debters on their books! I can only assume this to be an error!

Qu 1...With this info provided, is in not looking good for with regards to defending the case in court or have I missed anything?

Qu 2...If the above answer is NO, any advise on the best coarse of action?
PS...The case in court is currently on til 11/11/08 to allow for dialogue between 2 parties as advised via the court.
PPS...Anyone got any idea what this process is & who should start the dialogue?

Thanks in advance

shinyhead

What details does this 'CCA' have on it? Does it have your signature?

Is it legible?

There must be prescribed terms on the CCA itself. One is the credit limit or how it is to be determined. How payments are worked out and a couple of others such as the interest rate when the account was opened and another that now completely escapes me!!

Take a look at stapelely's 'CCA requests updates please' thread. Do they provide any evidence from AMEx, or do you have any that they passed this debt on? Not being told is a breach of OFT guidelines.

Take it to the wire. You might find they don't turn up on the day or pull out at the last minute.

stapeley

There is a absolutely brilliant thread on the CAG website . It is very much the same situation you face . It went backward and forward until the day before the court hearing when the case was withdrawn . It is a very long thread but well worth reading it . You can point out to Clapquest that the form they have sent is eligible. That you believe that the terms and conditions they sent should be within the four corners of an agreement and not in a separate document . The solicitors will try and tie you in knots , but if the form they say is a CC AGREEMENT looks dodgy , insist they produce the original document for clarification.
Please keep me informed how this goes , I will keep a eye out for news .

stapeley

Can you post the form they sent on here for us to look at ? Delete personal details .

batmanforever

Thk for advice folks,

Trying to post the form but struggling with tech stuff, will try tomoz if I can't do tonight.
Basically the form is the application I made for the credit card but it's almost unreadable.
Also the details they sent about the transfer of the debt was just a letter from them, nothing from the original creditor.
Should I be asking for the proper CCA & better proof that they own the debt.

Soz for being so quick, trying to juggle work stuff at the mo but if anyone's got any more advice it would be V appreciated.

Cheerz & update date you ASAP.

stapeley

Did you send the default letter to them . If it went to court you need to show you followed the correct procedures . They will say what they sent you is compliant, but point out you believe it is not .