Capquest/HL - claimform Cap1 debt *OH gave in £30PCM*

[DonkeyB]

Rogermeard, you're obviously keen to keep the ID of the OC and DCA quiet to prevent them snooping, but can you tell us more about the documents you have actually received and what the possible 'tampering' issues are? For example, have they sent an application form and claimed it represents a CCA? Have they generated Notices of Assignment themseves on behalf of the OC? Are they backdating documents to fit their claim?

 

More info would be truly useful if you are to get the help you really need - and you will get it here.

[rogermeard]

The dubious docs refer to alleged incomplete agreement that has been tampered/scanned by them with address and dates not corresponding by over 4 months to reality!!

 

Also title prior to name is wrong.

 

They have generated the alleged deed of assignment......which also conflicts with the dates they have provided on the POC .

 

The amount they are claiming for is higher than it actually was.

 

They are claiming interest for a sum that is less than £5k.

 

A variety of errors on their part i feel.

[DonkeyB]

Without seeing the docs, I tend to agree with Bankfodder. You can only plead on the facts, ie. that the documents are either incorrectly served or improperly constructed. While you can highlight discrepancies to evidence this, you'd be well advised to leave interpretation of these facts open, and not to make allegations that might be difficult to prove.

 

You mention a deed of assignment - is it actually a deed, rather than a notice?

 

Wish we knew who the b*ggers were - I hope you've scanned other threads about them to learn their modus operandum.

[BubbleCat]

Hi Rogermeard - It really is very easy to do your acknowledgement online - this will give you 33 days (please soemone correct me if i'm array here) to compose your defence, with the help you can get from here as well as the literature Bankfodder recommends.

 

To acknowledge online go to Information about - County Court Bulk Centre and you will need the document from Northampton Court for the info. You need to defend all of the claim. Once you have submitted you will see a final page which you can print out for your own records, this says your acknowledment has been received.

 

Then give the court a call on 0845 408 5302 or you can find an 01 or 02 number via some sites who offer alternatives to 0845, 0870 nums - They will give you the date by which your defence needs to be in and make sure you note this date.

[rogermeard]

Thanks for the advice everyone.

 

The Acknowledgement of service has been done yesterday.

 

All i wanted to know was what/how to present a defence.....do i send the court my reasons for defence or ask for a hearing so we can present it?

 

It can't be hard for me to prove they are wrong as i have physical evidence disputing the details that are presented on the alleged agreement .

 

I'm getting confused with peoples inputs conflicting.

 

Can we keep it simple?

 

Oh and Donkey....it was a letter that was a notice of assignment, which i don't think i still have??

Edited March 3, 2009 by rogermeard

[DonkeyB]

Rogermeard, it's very hard to keep it simple when we can't be sure what the specific issues are in relation to specific documents. Is there any way you could redact the information to exclude names etc and post them up? You may have to risk identifying the OC and DCA to get the advice and defence you need. Otherwise everyone is just guessing.

 

While these people may pick up on your postings, there's little they can do if the documents are invalid in any way, and you don't libel them. Perhaps edit your posts and use 'allegedly' a lot. It's absolutely essential that any defence is prepared for you based on the fullest facts available.

 

The experts on here really know their stuff, so maybe you need to take the bull by the horns and get posting. The only real alternative is to seek legal advice which, to be honest, may not match up to the advice you will get here. There are qualified solicitors on here as well as law undergrads and extremely knowledgable laymen.

[42man]

You also need to send this recorded delivery ASAP to the opposing solicitors / claimant....please read it VERY carefully and try and understand what is being said....have a read here also - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[BubbleCat]

Ok - This now gives you time to get your defence in. Take your time and make sure you are happy and understand what you are submitting

 

This is how I presented mine after help from CAGGERS - have a good read through - This is based upon not receiving the info requested (what is known as an embarrassed defence)

 

In the Northampton County Court

 

Claim number: - XXXXXXXXXX

 

between

 

???????????????- Claimant

 

and

[Your Name] - Defendant

 

1. I, [Your Name] of [Address], am the Defendant in this action and make the following statement as my defence to the claim made by [Defendant].

 

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants Particulars of Claim and put the Claimant to strict proof thereof.

 

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

 

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action.

 

(b) The Claimant refers to a regulated credit agreement within the Particulars of Claim but does not substantiate the type of regulated agreement or the date upon which this agreement was executed.

 

(c) A copy of any evidence in relation to any amount outstanding under the agreement has not been served attached to the claim form nor has any attempt been made by the Claimant to substantiate how the amount claimed has been reached.

 

(d) A copy of the purported written agreement referred to in the Particulars of Claim has not been served attached to the claim form, or served under separate cover. In accordance with the provisions of CPR PD 16 paragraph 7.3:

‘where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to, or served with, the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.’

 

 

5. The Claimants claim is based upon a [what ever company are presenting themselves as][state what type of agreement and the act which this is regulated i.e> Consumer Credit Act 1974 (“CCA”) and that agreement being a multiple agreement as defined in section 18 of the CCA shall be regulated accordingly. See Office of Fair Trading v Lloyds TSB Bank plc [2006] EWCA Civ 268 paragraphs 39, 41 and 59.

 

6. The written agreement referred to in [5] must comply with the provisions and regulations of the CCA and if it is to be enforced by a court order it must comply with the minimum provisions of section 127(3) of the CCA. See Wilson and Anor v Hurstanger Ltd [2007] EWCA Civ 299 Paragraph 11 and Wilson v First County Trust Ltd [2001] EWCA Civ 633 paragraph 26.

 

 

7. The prescribed terms referred to in section 127(3) of the CCA are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). See Wilson v First County Trust Ltd [2001] EWCA Civ 633 paragraphs 3, 4, and 5.

 

 

8. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must first serve a Default Notice under section 87(1) of the Consumer Credit Act 1974 and, in accordance with section 88(1), it must be in the prescribed form. The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the prescribed form for such a Default Notice. The particulars of claim refer to a Default Notice served pursuant to section 87(1) and the Claimant is put to strict proof that such a notice in the prescribed form was served and is valid. See Woodchester v Swayne [1998] EWCA Civ 1209.

 

 

9. In a letter dated [Date of last written correspondence and the date it was received if you know this] the Claimant was asked to provide information, in accordance with Civil Procedure Rules and that which is necessary before the Defendant is able to submit a fully particularised defence or counter claim.

 

10. The Claimant has thus far failed to supply any of the requested information or copies of documents and I am unable to submit an adequate defence or counter claim. It is requested by the Defendant that the court, in accordance with CPR part 18, orders the Claimant to comply with the following request for information.

(a) Inspection of the original written agreement upon which the Claimant’s claim is based and/or for the original agreement to be made available in court.

(b) A copy of the written agreement.

(c) A copy of the default notice.

(d) A copy of all statements/transactions showing how the claim of £1354.91 has been reached.

(e) A copy of the notice of assignment sent by the assignee to the defendant in compliance with s136 of the Law of Property Act 1925.

(f) A copy of the assignment, referred to in the notice of assignment, giving the claimant entitlement to the make the claim.

 

11. The Defendant respectfully requests that, upon receipt of the documents requested in [10], sufficient time is allowed to submit an amended defence and counter claim.

 

12. The Claimant’s claim to be entitled to £??????? or any other sum is denied.

 

Statement of Truth

 

I believe the above statement to be true and factual

 

Signed: - [print your name]

Date: -

some other caggers may offer alternatives or suggestions too - go with the one you find most suits or adapts to your circumstances

[rogermeard]

Look at the risk of sounding frustrated.....

 

the DCA has been after on/off a credit card debt after it was allegedlly assigned to them by the CCard co.

 

I have repeatedly req CCA etc from them to which they send out a printout of transactions on the card and a dodgy scanned copy of an agreement which has wrong address and dates etc on. This i can prove. I stupidly wrote a signature on a first letter to them nearly 2 yrs ago before i realised you don't do that.I believe the sig may have been copied/scanned.

 

They have continually on/off offered lower settlement figures etc, further action via SD etc etc. I am surprised they are taking it to court now as they hold very dubious documentation.

[DonkeyB]

What 42man and Bubblecat have posted is a great start - it gives a structure you can work the facts into and also puts the onus on the claimant to provide information. You're moving...

 

The fact that they keep offering low settlements is a good indicator they have a weak case.

[rogermeard]

Thanks 42man and Bubblecat......however which do i send in then?

 

I see 42mans draught goes to the claimant solicitors .

 

Do i send in bubblecats draught as well ?

Edited March 3, 2009 by rogermeard

[zazen.warrior]

I understand your frustration but this is now a court matter and there is no quick resolution. The first thing your must do is send the CPR request to the claiment by special delivery, your next move rests on the response (or lack of) to this.

[DonkeyB]

The CPR request goes to the claimant as soon as possible; the other document is a basis for the specific defence you will file to the court. Its content will depend on the response to the CPR request, so hold fire on this. Hope the frustration is easing!

[rogermeard]

For further background info

Edited March 12, 2009 by rogermeard

[BubbleCat]

I really do know how frustrating and repetative this may seem , but please hang on in there. The more times you show you are trying to resolve the matter and the more times these people fail to comply goes strongly in your favour - it is just a tedious and drawn out process.

 

Any how here's the CPR you need to send:

 

Your Name

Your Address

DCA or Solicitors Name

Their Address Date

 

In the matter of:-

DCA or Solicitor vs Rogermeard

Claim Number:- XXXXXXXXX

In NORTHAMPTON (CCBC) Court

 

Dear Sir or Madam

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company.

 

To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.

 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the (enter date 14 days from day of sending). If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

 

2. All records you hold on me relevant to this case, including but not limited to:

(a) A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

(b) Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

© Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

(d) True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

(e) Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

(f) Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

(g) Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

(h) A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

(i) A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

(j) A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerely,

 

Rogermeard

[BubbleCat]

Sorry 42man I have clashed - but we are on the same wave length to help roger.

[imran]

I would appreciate some urgent advice in complying with court order (3) below (claim against the Met Police for search / entry without a warrant) filing and serving draft directions! How do I!

thanks

Notice of Allocation or Listing Hearing To the Claimant

1. DISTRICT JUDGE XX has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

2. DISTRICT JUDGE XX orders you to attend at xx:xx on the xx 2009 at xx County Court. Time estimate 30 minutes.

3. DISTRICT JUDGE XX orders the parties to file & serve draft directions two days before the hearing.

[DonkeyB]

Imran, start your own thread!

[rogermeard]

I've only sent 42mans draught currently. will await response.

[rogermeard]

UPDATE...........

 

Checked on the Online Court Site.

 

Claim status...

 

It states that a claim was issued against me. (Correct)

 

Then confirms that i sent the Acknowledgement Of Service with date (correct).

 

Then dated 3 days after recieving the above docs it states that the Court is in reciept of my defence. (Incorrect)!!!!!!!!!!!.

 

I've only sent the CPR 31.14 to the claimants Solicitor, thats all. To which i have still not had a reply to it was sent 9 days ago!!

 

Any advice?

[DonkeyB]

Deja vu - another instance of the claimant sending your CPR request in on your behalf as a defence? Frantically searching for the relevant threads - don't panic Roger, seen this before. Hold on there...

 

 

Who is claimant's solicitor?

[42man]

Roger...I would ring the court up and check to see what has been submitted...otherwise carry on as usual....

[rogermeard]

The timescale seems very quick if they have submitted my CPR as my defence, CPR sent on the 3rd ,the defence was filed/submitted and processed by the court on the 5th.

 

I'll give them a call and see whats up?. Will they only talk to the Defendant or will they talk to partners?

 

Also what does Carry on as usual mean....sit tight etc?

Edited March 12, 2009 by rogermeard

[DonkeyB]

Hold on, there are other threads where this has happened - I don't think it's accidental. It may be a cynical attempt to do you over. Hang in there while I search for it. If it's the same people, we have a bit of fun on our hands

 

Roger, I need to know the solicitor, even if you have to PM me - this is important.

Edited March 12, 2009 by DonkeyB

[DonkeyB]

Roger, I have PMed you the thread. They are trying to stitch you - it has been done it before. If you let me post it here, you will really get some amazing help. This is f***ing outrageous. It is NOT an accident.

Edited March 12, 2009 by DonkeyB