Can anybody help with this please?

Hi pt2537, They have indeed sent them to the court and advised them that they have served a copy on me so I will need to draft a response, I assume I am picking them up on the fact that they have still not provided the credit agreement and basically admitted they haven't sent a default notice as you picked up on point 4 in the amended POC's? Would be grateful of your help again if possible as would need to get this off tomorrow because of the bank holidays.

Great thanks pt2537 i will check with the court tomorrow and see what they say.

Hi pt2537, It does not state what I need to do on the order should I respond anyway? I have not received anything from the courts yet either? Please could you advise as to what I should do next?

Hi pt2537, Do I need to respond to their amended poc yet or wait until I get a response from the court?

Thanks ODC I hope this is their last attempt they do keep trying to hang on don't they??!! Why not just send the documents requested??

Hi pt2537, Thanks for your response and ODC, the defence I originally filed was as on page 1 here that someone kindly gave me requesting the credit agreement etc, then as you pt2537 gave me on pg 2 I have had no other correspondence other than suggested on this thread. I take that they do not have the credit agreement and hence this written amendment? Is it deemed as served before 4pm if it has gone to my personal email address?

Hi Guys an update on the Crapquest case and some help required please... Firstly after submitting the details as provided by Paul (thanks Paul) I received form N24 from the courts stating as follows: Order In the ********* County Court Parties Capquest Investments Ltd Claimant ******************* Defendant On ******** District Judge ********* sitting at the Court House ********************** considered the papers in the case and ordered that: 1) The action shall be deemed to be struck out at *** on **** unless the Claimant files and serves a particulars of claim which fully complies with the provisions of the Civil Procedure Rules 1998 2) Because this order has been made by the Coourt without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order. Now I have had no written posted correspondence from Capquest or from the court since so today thought great they haven't produced the Credit Agreement, however I have had an email addressed to my personal email address, which my partner has never used (this is his debt) with the following (below) in a letter, this was delivered at 14.41 before the 4 pm deadline but still no credit agreement, how do I now respond? Should I respond saying that the email has been incorrectly delivered after all I am not the defendant or do I ignore them? Details of email below: Amended pursuant to the IN THE COUNTY COURT CLAIM NO. B E T W E E N: CAPQUEST INVESTMENTS LIMITED Claimant and ********* Defendant ________________________________________ AMENDED PARTICULARS OF CLAIM ________________________________________ 1. These amended Particulars of Claim are filed in substitution and replacement of the Particulars of Claim first filed on ******* 2. The Claimant seeks payment of the unpaid balance of sums due under a Loan Agreement (“the Agreement”) made between ****** and the Defendant. PARTICULARS i) Date of the Agreement: ********* ii) Parties to the Agreement: ******** and the Defendant iii) Number of the Agreement: ************ iv) The Agreement is a regulated Credit Agreement under The Consumer Credit Act 1974 v) The total amount payable under the Agreement: £******** vi) The paid up sum: £********* vii) Balance outstanding under the Agreement: £******** viii) The term of the Agreement: *** months @ £****** month. 3. In breach of the Agreement the Defendant failed to maintain instalment payments as they fell due. 4. It is averred that it is not necessary for the Claimant to rely upon service of a Default Notice pursuant to section 87(1) of The Consumer Credit Act 1974 as all sums payable under the Agreement are now overdue for payment. 5. The rights and duties of passed to the Claimant pursuant to an assignment dated ***** notice of which was given to the Defendant on ***********. 6. The Claimant seeks interest pursuant to section 69 of The County Courts Act 1984 at the rate of 8% per annum from the date of issue and continuing at the daily rate of £******* AND THE CLAIMANT CLAIMS: 1. The said sum of £****** 2. Interest thereon as aforesaid; 3. Costs. DATED this ********** Statement of Truth The Claimant believes that the facts stated in these Particulars of Claim are true. I am duly authorised by the Claimant to sign these Particulars of Claim. Full Name: Name of Claimant’s Solicitors: H L LEGAL & COLLECTIONS Attached to email: *********** Dear Sir re: Capquest Investments Ltd -v- Yourself In accordance with the Order of dated ********, we enclose herewith by way of service upon you, Amended Particulars of Claim and confirm that a copy has been filed at Court. Kindly acknowledge safe receipt. Yours faithfully HL Legal Signed ……………………………………… Position or office held: Solicitor

Thank Paul really appreciate your help and advise

Thank you very much. Do I send them a copy of the original CPR letter and recorded delivery proof? they haven't sent anything so am assuming they do not have it at the moment

Thanks Paul your a lifesaver!!! Yes I do not understand the form at all, I hope you don't mind will list below the bits not sure of: Section A have you sent a copy of this completed form to the other parties? Do I tick yes and send it to Capquest? C Pre Action protocols? The ******** (name which) protocol applies to this claim. have you complied with it? or No pre-action protocol applies to this claim. Have you exchanged iformation/documents with the other party? DApplications? have you made any applications in this claim? Which track? small, fast or multi? F proposed directions Have you attached a list of the directions you think appropriate for the management of the claim? Sorry about this I just do not understand the form

Hi Paul, Thanks for responding so quickly, it says at the bottom of the page its a N150 Allocation Questionaire, 4 pages of questions.

Please some help guys no response from my last post and I have to return this to the courts tomorrow by recorded delivery to ensure it meets its deadline off 1st Feb. Unsure of how to proceed and if I don;t reply they are going to win.

Right guys need your help again, I have had no response from Capquest and my request, so now need to know what the next step is in relation to making a complaint that they have failed to respond to my prove it letter. Also I have now received 'Notice that a Defence Has Been Filed Form' and allocation questionnaire and require desperate help unsure how to fill form in and what I should put feel that may be I am out of my depth a bit here now...............please hep I have to return this by the 1st February. Thank you

Hi Guys have now received a letter from Scot Call on behalf of Capquest stating that they are now dealing with the debt and are sending a debt collector, this is the day after I received a letter from Capquest stating that the debt is on hold for 28 days whilst they deal with my prove it request. I know that they can't do anything is this another of their templates they buy or amm I going to get a debt collector turn up??

I still haven't heard from the court or Capquest re this do I still just sit tight and wait??

Thanks Guys will just sit and wait and ignore their letters!!!

Ok guys, I sent the CCA off to Capquest they will have received it on Wednesday, now today I have received a letter from HL legal on behalf of Capquest, I have re-typed the letter below omittng all personal details: Capquest Debt Recovery Limited has appointed this firm to act in the above matter, following your failure to respond to their letter of XXXXXX. Contact must be made to Capquest Debt Recovery on telephone number XXXXXXXXX with a satisfactory payment arrangement to clear this accoount no later than 10 Dec 07. Alternatively, a ne off payment of XXXX can be made to clear your account as full and final settlement. This payment must be received by 10 Dec 07 or the offer of settlement will be withdrawn and the full balance will become due. It then goes on to say what costs etc they will add I assume that this is in response to my CCA letter, what do I do send a copy to HL Legal??? Help please.

Fantastic Curly thanks very muchx

I have received a letter from Capquest in which they have my first name correct but the surname is my ex partners, we seperated 6 years ago, they have also addressed it as Mrs. We were never married. It is for a debt they say is owed to Littlewoods Finance Company and is certainly not mine. I would like advise on how to respond I was just going to fire off teh standard CCA letter then thought I had better check wth you guys as this really isn't my debt. Also is this not now time barred??

ok guys have sent the defence didn't have time to post on here but have sent as above with amendments to dates etc. Will wait and see what happens now. Will I just have a response back from the courts?

Ok guys sorry for not posting the response that I sent back, has now been filed online and I await the courts response, does anyone know how long it will take to hear from the court?? What is llikely to be my next move?

Thanks guys will prepare the defence this morning and post on here for checking before sending!!

Please could someone advise I now have only two days to send my defence.

Ok guys, a bit past the ten day mark I gave them but have been away. Needless to say I have had no response from Capquest not even an acknowledgement of my letter which was sent the 5th and have have proof of Guaranteed delivery, after checking the royal mail website this was delivered on the 6th. I now have to prepare my defence how do I word this and what do I need to do now? Any help greatly appreciated.