Capquest Claimform - old £11k Halifax Loan

[Gonnagetem]

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.

[Gonnagetem]

Can anybody help with this please?

[Gonnagetem]

Update on this case - help with amended defence would be greatly appreciated as they are obviously not going to give up.....I have today received in the post a General Form of Jdgement Order N24 It says the following:

 

before DEPUTY DISTRICT ********* sitting at ******* County Court

 

Upon considering the Claimants application

 

ITI S ORDERED THAT

 

1 The Order of District Judge ****** dated **** is set aside and the claim is re-instated

 

2 The Defendant shall file and serve an amended defence by 4.00pm on *****, thereafter the matter will be re-considered by a District Judge

 

3 This order was made as a result of an application by the claimant without notice. If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

In the attached Application Notice from Capquest solicitors in Part C the following:

 

******* make the following statement believeing it to be true and in the knowledge that it will be used in evidence in Court.

 

I am a Partner of ******, I practise from the above address, I have conduct of this matter on behalf of the Claimant and am duly authorised by it to make this Statement on its behalf. The facts and matters set out in this Statement are within my own knowledge, in which case they are true, or have been acquired by me from the Claimants documents, records and employees, in which case they are true to the best of my knowledge and belief.

2 The Court record will ;show that on ****** District Judge ***** ordered that the Claimant to file and serve Particulars of Claim which fuly complied with the provisions of the Civil Procedure Rules 1998 by ***pm on ******* in default of which the action be struck out.

 

3 I refer to District Judge ****** order made on ******, also dated **** and received by us on *****. The order strikes out the action stating the Claimants Amended pleading was not received by the court until ******.

 

4 I confirm that at **** on ****** the Amended Particulars of Claim were sent to the court by fax. I annex to this statement marked * a copy of our letter to the court dated **** together with a Transmission Verification Report confirming details of the fax.

 

5 I also confirm that on ****** at **** we served a copy of the Amended Particulars of Claim upon the Defendant by his email address being ******* being an address stated in his Acknowledgement of Service to which documents should be sent, I annex to this Statement marked * a true copy of the email and attachments.

 

6 The Claimant regrets the lateness in complying with District Judge **** Order of **** which was unfortunately due to a delay in receiving information from teh original debt owner.

 

7 In teh circumstances I would ask the Court to accept that the Claimant did comply with the Distrct Judge's Order in time and that as a consequence thereof the action shoudl be re-instated.

 

Where do I go from here and what should put on the defence forms, am at a loss now, I know that they still haven't provided me the original documents on which to base my defence as they probably don't have them.

[Docman]

OK, I think the Court is making sure that Crapwest have no grounds for appeal etc. I wouldn't be surprised that the judge made the Order with a big sigh.

 

They must know that without the agreement they cannot win and that their argument in para 4 of the amended POC (no need for a Default Notice) is a complete load of tosh. The only reason I can think they have gone on with this is the hope that you will fail to respond and they can go for judgement by default.

 

Assuming you are not going to give up, I think you need to decide whether you respond to the court immendiately (ie within 7 days of the order you have just received) and ask for the order to be set aside because it was without notice. Or you can play their game and lodge an amended defence pointing out that they have failed to supply any documents and that they cannot win because the Act and case law is in your favour. You might like to ring the court to find out when they could list a set aside hearing as opposed to a full hearing if you submit an amended defence.

[stapeley]

WOW complicated stuff , but looks like they are playing hard ball without a bat !

[Docman]

Softball actually and hoping the audiance (ie us) will go home bored so they can claim the game when no one is around!

[Gonnagetem]

Thanks Docman, I think in the first instance I will try to apply to have it set aside, any have any clue as to what I need to say?

[Docman]

Thanks Docman, I think in the first instance I will try to apply to have it set aside, any have any clue as to what I need to say?

 

What date does your defence have to be in by? It may be easier to defend rather than ask for a set aside.

 

doc

[stapeley]

Just a quickie , would a creditor have to supply all monthly statements on a card debt ?

[vandermerwe]

Thanks all - this thread is being of great help to me but I don't want to but in so am starting my own about Robinson Way.

 

Good luck.

 

Regards.

 

Vandermerwe

[Gonnagetem]

Once agan thanks docman, the defence must be with them by the 7th May. Anyone any ideas on how I word this back to them. I assume it will be based on their point 4 no default, and the fact they they have yet to supply documents, credit agreements to me.

 

Thanks guys

[Gonnagetem]

Thanks again Docman, the advise is invaluable at the moment!! Could anyone spare a few moments to help me with the wording of my amended defence?

 

I know I need to mention the part regarding the defaut (Para 4 as mentioned by Docman)and that they have still failed to supply the original credit agreement and documents etc, but how do I go about this.

[Gonnagetem]

Sorry for duplicate thought it hadn't posted it! Duhh

[pt2537]

Hi there

 

Re your message, can you point me to the documents that they have served upon you along with the amended defence,

 

i cant give an opinion on any new documents until i can view them and check if they are compliant

[Gonnagetem]

Hi pt2537,

 

Thanks for the swift response, below are details of the forms I have received from the court: Form N24

 

Before District Judge ***** dated ****** sitting at ********

 

Upon considering the Claimants application

 

IT IS ORDERED THAT

 

1 the Order of District Judge ****** dated ****** is set aside and the claim is reinstated

 

2 The Defendant shall file and serve an amended defence by ****** 0n ****, thereafter the matter will be re-considered by a District Judge

 

3 This order was made as a result of an application by the Claimant without notice. If you object to the order you mus make an application to have it set aside, varied or stayed within 7 days of receiving it. (this time has now passed)

Dated ******

 

On form N244 completed by HL Legal on behalf of Capquest in part A they have put

1 The Order dated ****** be set aside (This was in response to the case being struck out due to them not responding in time, however they did)

2 The Claim be reinstated

because

 

the Claimant complied with the Order of District Judge *** dated ***** by filing and serving Amended Particulars of Claim in Time

 

Part B

They have stated that they wish to rely on evidence in Part C in support of my application.

 

Part C

We wish to rely on the following evidence in support of this application

 

I, *******, Solicitor of ********** make the following statement believeing it to be true and in the knowledge that it will be used as evidence in Court.

 

1. I am a partner of Messrs HL Legal & Collections, I practice from teh above address. I have conduct of this matter on behalf of the Claimant and am duly authorised by it to make this statement on its behalf. The facts and matters set out in this statement are within my own knowledge, in which case they are true, or have been acquired by me from the Claimants documents, records and employees, in which case they are true to the best of my knowledge and belief.

2. Th Court record will show that on ***** District Judge **** ordered the Claimant to file and serve Particulars of Claim which fully complied with the provisions of the Civil procedure Rules 1998 by **** on ****** in default of which the action be struck out.

3. I refer to District Judge *** Order made on the ******, also dated ****** and recieved by us on ******. The Order strikes out the action stating that the Claimants Amended Pleading was not received by the Court until *******.

4. I confirm that at 2.43 on ****** the Amended Particulars of Claim were sent to the Court by fax. I annex to this statement marked A a copy of our letter to the court dated ***** together with a Transmission Verfication Report confirming details of the fax.

5. I also confirm that on ******** the Amended Particulars of Claim were served upon the Defendant by email to his address given in his Acknowledgement of Service/Defence. I annex to this statemnt marked B a true copy of the email and attachments.

6. The Claimant regrets the lateness in complying with District Judge ******* Order of ***** which was unfortunately due to a delay in receiving information from the original debt owner.

7. In the circumstances I would ask the Court to accept that the Claimant did comply with the District Judge's Order in time and that as a consequence thereof teh action shoudl be re-instated.

 

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 Agreement: *******

ii Parties to the Agreement: ******* and the Defendant

iii Number of Agreement: ***********

iv The Agreement is a reglated Credit Agreement under The Consumer Credit Act 1974

v The total amount payable under the Agreement: *******

Vi The sum paid up: *********

vii Balance outstanding under the Agreement: *******

viii The term of the Agreement: *****@ ** per month

 

3 In breach of the Agreement the Defendant failed to maintain instalment payments as they fell due

 

4 It is averredd that it is not necessary for the Claimant to rely upon service of a Default Notice pursuant to section 8 (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 teh daily rate of £2.37

 

AND THE CLAIMANT CLAIMS

 

1 The said sum of *******

2 Interest thereon as aforesaid

3 Costs

 

DATED *******

 

Sorry for such a long post, this was all that was contained, thanks for your help in advance

 

[Docman]

Hi there,

 

sorry I've been away for a few days and not had a lot of time to post.

 

Cohen's MUST be hoping that either you don't turn up or that they get before a complete duffer of a DJ who doesn't know anything about consumer credit. How otherwise could they state in the amended POC

 

"4 It is averredd that it is not necessary for the Claimant to rely upon service of a Default Notice pursuant to section 8 (1) of The Consumer Credit Act 1974 as all sums payable under the Agreement are now overdue for payment."

 

I assume there is a typo and that the reference is to s87 (1) which states

87. —(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum,

That's quite plain langage. No default notice, no termination. I would file an amended defence reminding the court that no docs produced and also quoting s87.

[pt2537]

Hi there Gonna

 

right, give me a couple of hours and i will see what i can come up with,

 

im assuming that the documents they refer to in the POCs ie credit agreement and notice of assignment havent been attached to the claim form

[Gonnagetem]

Thanks docman & pt2537, I can't quite express how much I value all your help over this matter. No credit agreement or documents attached the amended defence whatsoever and still no response to original request.

 

Thank you look forward to receiving details later

[stapeley]

Are they taking it to a deadline in hope they cant find all the required paperwork in time . My guess is they will withdraw at the 11th hour !

[Gonnagetem]

Oh I hope so stapeley, I am guessing that they cannot locate the documents and are hoping I will not respond so they win by default. However I am determined not to give up on this!!

[stapeley]

Could you just sum up the position you are at now for us all?

[Gonnagetem]

Hi Stapeley,

 

I will give brief details of what has happened with this, however the majority of it is on this thread.

 

When I met my partner he had been left in a lot of debt following a divorce, I endeavoured to try and help him sort it all out and came up with monthly payment plans etc, Crapquest being one of the debtors, however after agreeing a plan with them (I did all this and teh payments came from my account) it became clear that they were not very nice people, I was constantly harrassed to up the payments etc, even asked to sell my own vehicle, and it wasn't even my debt. This prompted me to look online for some advice regarding these people, I then found this forum and realised that they hadn't given my partner notice of this debt by way of letter of assignment and he had never received a default letter from Halifax or any other.

 

Anyhow cut it short my partner received County Court Summons, we responded in our defence stating that we had sent request for copies of original credit agreement etc, they have now amended their Particulars of Claim and I am about to issue an amended defence myself. I am prepared that we may have to attend Court in order to defend this further and we will do that if necessary.

 

Hope this explains it all

[ODC]

Yet again the sheer GREED of a DCA sends someone here. Not content with a reasonable monthly payment they make ridiculous demands for more and issue all sorts of threats. As a result people google them and find out all about the CCA and paperwork from sites like this. As a result it usually turns out that the greedy DCA dont have the required paperwork and the debt becomes unenforcable

[steven4064]

Gonnagtem

 

I see pt is on the case. I will keep an eye out but this is pt's forte

[pt2537]

Hi Gonna

 

Sorry but i got side tracked yesterday and it meant that i never got the time to post up anything,

 

i will look at this case this eveing and get a reply to their claim posted as soon as i can