Capquest Claimform - old £11k Halifax Loan

[Gonnagetem]

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.

[pt2537]

Right what AQ is it?

 

is it a N149 or N150

 

also have you recieved a copy of the credit agreement or any other documents in reply to the CPR request?

 

regards

paul

[Gonnagetem]

Hi Paul,

 

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

[pt2537]

In the ************* County Court

Claim number **********

 

 

 

 

Between

************* - Claimant

and

 

xxxxxxxxxx - Defendant

 

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

right then, amend the header to suit your case

 

 

and then print it off on plain a4 paper

 

then

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N150 Allocation Questionnaire

 

Section H - other information

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further

 

 

 

 

then do the same with this

 

 

now do you need help with the form itself?

 

 

 

in box H write

 

Please find the following attached to this allocation questionnaire;

 

1) Section H - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the Claimant on **/**/**.

 

 

 

regards

paul

[Gonnagetem]

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

[pt2537]

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? yes and yes

 

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? thats the one,part 2 no preaction protocols

 

DApplications? have you made any applications in this claim?No

 

Which track? small, fast or multi? How much is the claim for? if its 5k or lower then small, if its under 15000 the fast above 15K then multi

 

F proposed directions

Have you attached a list of the directions you think appropriate for the management of the claim? YES and no they havent been agreed with the other parited

 

Sorry about this I just do not understand the form

 

Also in the witness box, put the your name and then write Witness of Facts

 

final trial put 1 hour reading case statements , 1 hour for the trail

 

 

i cant think of anything else

 

regards

paul

[Gonnagetem]

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

[Josie8]

subscribing

[pt2537]

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

 

No at the moment

 

its not going to be needed til later, just the AQ and the directions and other info

[Gonnagetem]

Thank Paul really appreciate your help and advise

[Gonnagetem]

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

[kev100]

Subscribing ... have interest in the outcome of your case as I hace CQ chasing me for debt ....

 

Good luck ..

[ODC]

Are we to assume that Crapquest have yet to supply you with an executed copy of your CCA

[pt2537]

well point 4 really fillets their donkey

 

there is a basic statutory requirement to issue a default notice.

 

without it, there is no right to action (Woodchester & Swain) nor do they have a right to terminate the agreement or demand repayment of a sum for a breach of contract

 

 

silly beggars

 

 

right, what defence did you file to this action?

 

it may be the case that you need to file a response to their amendment

[Gonnagetem]

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?

[ODC]

It seems to me a last pathetic attempt to scare you off. However as Paul says they have shot themselves in the foot

[Gonnagetem]

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??

[Docman]

Hi there,

 

I suspect they probably haven't sent the docs becasue they don't have them.

 

As to meeting the terms of the order, well the judge didn't specifically send the documents but probably implied that. However, they could still send them by hard copy today and claim they met the terms of the court order by sending the amended particulars of claim.

 

As to sending the amended POC by email, if you acknowledged receipt of the original N1 claim form electronically using your personal email address, then I think they could argue they have properly served you.

 

I'd wait now for a few days to see what comes by snail mail.

[gaz2006]

help please http://www.consumeractiongroup.co.uk/forum/legal-issues/128559-help-summons-received-2.html#post1410235

[ODC]

I agree with DOCMAN they cannot send the documents because they dont have them. They respond with a load of legal jargon in the hopes of scaring you off. They are going to learn a costly lesson.

[Gonnagetem]

Hi pt2537,

 

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

[pt2537]

What was the requirement of the Order?

 

did it state what you have to do after they supply a updated set of POCs

[Gonnagetem]

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?

[pt2537]

Ok, well i would check with the court to see if the POCs have been sent to the court , if they have then i would ask if the court has sent a copy out to you. if they say they have or the claimant has informed them they have served a copy on you then we need to look at replying

[Gonnagetem]

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