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

[DonkeyB]

Here we go.

 

Start at post 118.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166301-received-letter-northampton-court-6.html

 

surfaceagent suggested in this thread that you have to tread carefully as it may be a genuine mistake. You might think that, but I couldn't possibly comment.

 

I think this marks a very worrying development.

[DonkeyB]

A quick summary: rogermeard sent his CPR31.14 request to the claimant's solicitor, and the solicitor appears to have forwarded this to the court as his defence. Points:

 

1. Has the solicitor pretended to be rogermeard to the court?

2. Why have they done this?

3. Have they done this before?

[rogermeard]

We also got this letter from the courts............

 

"i acknowledge receipt of your defence.a copy is being served on the claimant(or the claimants solicitor).the claimant may contact you direct to attempt to resolve any dispute.if the dispute cannot be resolved informally,the claimant will inform the court that he wishes to proceed.the court will then inform you of what will happen.

where he wishes to proceed ,the claimant must contact the court within 28 days after receiving a copy of your defence.after that period has elapsed,the claim will be stayed.the only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

 

 

It was dated the 5th Mar, 2 days after we CPR31.14 the claimant solicitors. We just assumed it was a confirmation that we wished to Defend, how daft are we??

[DonkeyB]

Just glad we picked it up. I feel a complaint or six coming on...

[DonkeyB]

Maybe another one for Watchdog! Shame they only have half an hour.

[rogermeard]

This is a nightmare, i don't know what to do. I am phoning the Court Centre today to find out what has been submitted but i don't hold out much hope in finding out. So what will i do then, the claim was issued against us on the 27 Feb so because of the timescale i only have a little while to sort this out.

 

How can i present a Defence when the court states a defence has been submitted i have no idea?

 

I'm off to work now, i will be back online after 1400 today.

 

I am soooo frustrated, surely this will go to a local County court for a hearing, or a judge will at least look at it and see that (if indeed it is my CPR 31.14 request presented) the CPR is in no way a defence?

[DonkeyB]

Roger, don't panic - I've alerted PT and 42man to this, and I've reactivated the similar thread, so hopefully we'll soon have the heavyweights wading in with excellent advice. What we have here is clearly not on, and it seems like an attempt at abusing the system. Once is a mistake, twice a coinceidence, but three times? And that's all we know about. Hang fire and stay cool. You'll be well looked after.

[42man]

My feeling is that you carry on as normal.....you have done everything correct so far. Just keep everything in order - rec delivery slips.....Is it an attempt to miselad the court ? or are they really that bad !! I seem to remember (I think it was) Nottsdave had the same problem..... - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171510-help-please-court-papers-2.html

[42man]

Ring the court, find out what has been submitted, get the name of the person you speak to, and if indeed they have filed a defence then you need to write to the court.....

[DonkeyB]

Thanks 42man, I was sure there was another identical case out there - that's the third. Have PM'd dazza to see where he's at. You'll see from dazza's thread that he had some difficulty overcoming the bureaucracy of the courts, even though someone else submitted a 'defence' on his behalf.

 

The solicitors need some serious b*llockings for this - as do their client - I'm still struggling to believe it! Once we sort the proper or holding defence then it's worth getting an awful lot of complaints in.

[Nottsdave]

Hi Roger

 

Have a look at my thread, the same thing happened with me but after chasing the court it turned out that no dodgy defence had been submitted.

The current state of play with my case is that the Judge has ordered that HL Legal must (within 5 days which is up today) file there AQ or the case will be struck out, even though they sent me a copy of there AQ which I found very odd.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171510-help-please-court-papers.html

 

If theres anything else you need to know post and I will reply.

 

Good Luck

 

Notts

Edited March 13, 2009 by Nottsdave

[ScabHunter]

I have just been alerted to this thread (thanks DonkeyB), and it appears we have a third case in which a defence has appeared on a case where no defence has been submitted.

 

The solicitors involved in all three cases are the same.

 

For the sake of completeness, I will provide links to other threads which relate to this issue -

 

dazza3956 -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166301-received-letter-northampton-court.html

 

Nottsdave -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171510-help-please-court-papers.html

 

My own thread in the Legal Issues forum -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/172507-hl-legal-claimants-filing.html

 

I would dare to suggest that a third identical incident, identical even to the exact amount of time between the CPR 31.14 being submitted and the imaginary defence appearing, tends to suggest that there is something happening here which goes beyond coincidence.

 

I would also suggest that some form of proactive action is now necessary.

 

I will be making some further posts to these threads as soon as I have fully digested these latest developments.

 

SH

[DonkeyB]

Good to have you on board ScabHunter, and thanks for pulling all the relevant threads together. Now I think HL should be worried.

[rogermeard]

Update............

 

Spoke to the Court Centre today who said they would look into it and call me back.....which they actually did surprisingly.

 

The woman (didn't think to get her name) confirmed that the court has a copy of the CPR 31.14 i sent to the claimants solicitors, she also confirmed that it has a letter attached stating that the claimant wishes to accept our letter(CPR) as our defence?????????

 

She then said after i pointed out we did not send any defence etc that we can still add/submit to our defence as its still within time scale.

 

 

I have still not had a reply to my CPR 31.14 from the claimants solicitors and we sent that 10 days ago recorded delivery.

 

Also thank you all for contributing and helping with my problem.

Edited March 13, 2009 by rogermeard

[DonkeyB]

Update............

 

Spoke to the Court Centre today who said they would look into it and call me back.....which they actually did surprisingly.

 

The woman (didn't think to get her name) confirmed that the court has a copy of the CPR 31.14 i sent to the claimants solicitors, she also confirmed that it has a letter attached requesting that the court accept our letter(CPR) as our defence?????????

 

She then said after i pointed out we did not send any defence etc that we can still add/submit to our defence as its still within time scale.

 

 

I have still not had a reply to my CPR 31.14 from the claimants solicitors and we sent that 10 days ago recorded delivery.

 

Also thank you all for contributing and helping with my problem.

 

This has them very firmly by the short and curlies I would think. Sounds like a complaint needs to be made immediately - ScabHunter, can you advise? Did she say if the letter was from HL, or did it appear to be from you?

 

Any chance of you getting a copy of that letter? This is outrageous!

[rogermeard]

I have just phoned the court again and got the same person, she was very abrupt sounding . I asked what the letter contained she said it was a covering letter stating that the claimant solicitors wishes to accept our letter to them (CPR) as our defence.

 

I asked her if i could have a copy of the letter and she got quite abrupt, she stated i didn't need it and can still put in our own defence, she then said thats its gone, to which i asked why would you bin something in a court case , she then said that it's back in their filing section and repeated that we can still send in our defence.

 

I am sorry but i got so annoyed i forgot again to ask for a name. Something doesn't feel right though?

[Nottsdave]

OMG, this is truly unbelievable.

[42man]

Roger.....keep your recorded delivery slip safe that you sent to the claimant's solicitors....a complaint to the SRA would be good too...they are attempting to mislead the court by doing this...a firm of solicitors should know FULL WELL what a CPR request is....record the time of the call you made today, with the name of the lady you spoke to which you can report to the judge...!!

[42man]

It's a shame you cant ring the opposing solicitors and record the call asking them why they have submitted a CPR directly to the court as your defence when the letter is clear enough in it's content....

[rogermeard]

42man, i didn't get her name as i was so frustrated i wasn't thinking straight.

 

What should my next course of action be?

 

I can't just sit here waiting for a reply to my CPR that won't come, i need to defend this as well?. or should i just sit tight and see what next?

[DonkeyB]

I feel their nasty little scheme is unravelling. But yes, you need to defend as if this hasn't happened.

Edited March 13, 2009 by DonkeyB

[42man]

A few here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188838-gktp-embarassed.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185771-howard-cohen-tries-again.html

[rogermeard]

So to sum up.........

 

I ignore what is happening regards the CPR 31.14

 

I continue to provide a Defence.

 

What sort of defence should i provide, in my own words or a standard statement. Also do i state in the Defence the problems with the POC and Docs provided by claimant etc or is that a court day thing?

 

I assume this will go to a hearing or can they be granted a ruling without a hearing?

[42man]

After the defence goes in, it should be Allocation Questionnaire time....or they may withdraw.....

[rogermeard]

I have currently no defence done yet

 

I have no idea what an AQ is?