Capquest Claimform - OHs old Cap 1 card debt

[dazza3956]

Is It The Acknowledgement Of Service I Fill In Which Gives You 28 Days From Service Date?

Sory For Being A Pain

Dazza

[creditcardmug]

Just go online at the web address given on the front of the claim form, and log on using the password which is also on there, it should be a simple matter then of acknowledging service, i cant remember exactly how the webpage is made up.

 

It just givves you an extra 14 days to file your defence i.e. 5+14+14 giving 33 days from the date on the claim.

 

Dont worry theres plenty of us here to help with your defence.

[dazza3956]

ok thanx.i got that ,it had a few options but i wasnt sure whether i had to just say i was defending it or another one was acknowledgement of service.which gives you 28 days.

thanx again

dazza

[creditcardmug]

Yes i think theres one which asks "do you wish to defend all of the claim", thats the one

[dazza3956]

acknowledgement of service done .now to get a nother letter off to hl legal.what will happen now?will i get a letter of some kind off the court or hl legal to let me know the next step?

thanx

dazza

Edited November 15, 2008 by dazza3956
missing info

[creditcardmug]

Looks like you were in time then, otherwise i dont think it would have given you that option.

By my reckoning your defence will be due in by the 2nd december, but ring the court monday to confirm.

[creditcardmug]

The issues as i see them are,

 

1 Have you had a Default notice from Cap1? if so can you scan it up?

 

2 Have you had a Notice of Assignment from both Cap1 and Capquest?

 

3 did you get a Letter Before Action from capquest?

 

4 They are not entitled to s69 interest

 

5 They have not served a copy of the agreement with the claim

 

6 They are not allowed to split claims

 

7 The POC does not show how the sum claimed is made up

 

Thats just for starters.

 

 

Can a mod move this to the legal forum please

Edited November 15, 2008 by creditcardmug

[dazza3956]

ok great.

its my partners debt and she hasn't had any letters to her knowledge for this apart from the court claim.so she hasn't anything i can scan to show you sorry.she knows she hasn't signed for any letters at all.the debt is in her old married name so she said maybe she didnt take any notice of them.

dazza

[creditcardmug]

Thats ok, you can put them to strict proof that they sent them, so much the better.

 

You have some time now to prepare a defence, why not have alook around the legal forum and have aread of some defences to get an idea of how all this works, have a look at the legal successes forum as well.

 

Meanwhile we will work on a defence

[dazza3956]

ok thanx.

i will have a look later .have to go out for a while .thanx for your help.

will get the cpr31.14 letter off straight away.

thanx

dazza

[ScabHunter]

Phew! It looks like we were in time here.

 

The CPR 31.14 letter demands copies of the agreement, the default notice and the notice of assignment.

 

As it looks as though they have cut corners on this one, and not complied with the regulations, it will be interesting to see what comes back.

 

They are even admitting on the PoC that they have split the claim. The very first word is "Part".

 

Now we've got a bit of time, we should be able to prepare a defence with multiple points, any one of which would be enough to defeat this claim.

 

I would start a thread in the "Legal Issues" part of the forum, post up the PoC again in the initial post, and then just give a brief description of what you have done so far.

 

SH

[creditcardmug]

Sh ive asked a mod to move the thread to legal in post 57

[dazza3956]

hi again

sent cpr31.14 request by special delivery.will i receive anything from the court to say about what happens next ?will it be transferred to a court nearer to us?what would be the next move for us to do?

thanx

dazza

[ScabHunter]

It will be transferred to your local court.

 

If you have acknowledged service, then you won't hear anything else. We now have to prepare the defence and get that submitted in time.

 

SH

[dazza3956]

hi.

how will i know when it will be going back to court?do i contact the local court in our area and also do i have to wait for a reply from hl legal before being able to make a defence?(see what they come up with).

thanx

dazza

[supasnooper]

dazza,

 

Let's see what HL send back as a result of your CPR31 request before you have to submit a defence.

How they react will set out the path for the defence.

 

Looking back through the thread I think your defence needs to be submitted by 2nd December. I would phone the court to confirm the date though to be sure

 

By the way, have you managed to locate any of the documents listed in post #55 ? if so then please post them up ( Minus personal details, barcodes, etc. )

Edited November 20, 2008 by supasnooper
typo

[dazza3956]

hi

thanx for the advice.my partner has nothing in regards information about the debt as previously asked about.it is from a few years ago and she changed her name also.she says she doesn't recall any letters from them but to be honest she may not have even bothered opening them and just binned them .she knows she hasn't signed for any letters in the past as i imagine if she had she would have remembered having a letter from a dca.

thanx again.will phone court to find out abot the claim and what date it is.

thanx

dazza

[creditcardmug]

Hi dazza, the way it works is, when you file your defence the court sends a copy to the other side, they then have 28 days to decide whether to continue, if they do the court will send you a notice to say its been transferred to your local court and a form to fill in called an Allocation Questionaire, where each side proposes directions, then the judge looks at everthing and makes an order for directions.

 

So once you say when the defence has to be filed by we can sort one out fot you

 

Hope this helps.

[dazza3956]

hi

yes thanx creditcardmug it makes more sense now.was panicking a bit as i didn't know what i had to do next.i think someone said i had 33 days from the date on the court claim.it was dated 29th october so that takes it to 2nd dec.but on the back of the court claim it says you have 5 days from the date on the front.that would make it the 6th dec.i hope i'm right but if not could someone let me know.

thanx again

dazza

Edited November 20, 2008 by dazza3956
more info

[creditcardmug]

Phone the court tomorrow mate to make sure, it only takes a minute, and you know where you are.

[dazza3956]

hi.

had a letter from the court today.it says:

 

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.

 

 

when i filled in the form online it didnt ask for any defence ,only that i was making a defence.what copy of the defence can they send to capquest if they haven't had the defence yet?

please could someone advise on the next step.

thanx again

dazza

[creditcardmug]

When you acknowledged online, did you print out a receipt when prompted,

 

Something must have gone wrong here, we need to try to find out what has happened

[dazza3956]

yes i printed a receipt when filled in court form.

[creditcardmug]

The possibilities as i see it

 

1 the court has inadvertently sent out the wrong notice

 

2 you have completed the wrong form online

 

3 you were out of time to acknowledge so the software assumed you were defending (instead of just acknowledging).

 

Either way you need to phone the court, find out whats happened and ask if you can still file a defence, and how long have you got.

[creditcardmug]

yes i printed a receipt when filled in court form.

 

ok i have one of those in front of me,

 

Summary details

claim number xxxxx

response type AOS

 

Does yours have that?