CAPQUEST Claimform AMEX debt

[Dot1]

Hello Dot1!

 

Arsemex have only recently started to sell off Card Debts, probably because they have only recently become a bank, and only recently worked out some gamble or trick to sell off Debts that they have previously Securitised.

 

But it's a new strategy for them, and may be explained by this:

 

AMERICAN EXPRESS RELEASES U.S. CARD SERVICES DELINQUENCY AND WRITE-OFF STATISTICS

 

It's all written in banker-speak, but what they are fessing up to is most of their Cards were Securitised, and the ones they had previously had to write-off as bad debts, can now be brought back to life again by the magic of banking...and sold on to grasping DCAs like capquest who are only too eager to buy something for beggar all, and then chase people to make a fat profit.

 

OK, the issues as far as I can see are that they seem to have a crabby copy of an Application Form, and then a page of Terms that capquest will no doubt swear blind were on the back of the Application Form.

 

Unless they have the original, then it's Hearsay Evidence, and you need to bone up on The Civil Evidence Act 1995, and also get your head around Document Management issues, i.e. read this:

 

Legal Admissibility, Document Management, Document Imaging, Document Scanning | Archival

 

The point being, to get a handle on what any responsible group would do if they wished to destroy documents and rely upon copies instead.

 

Arsemex may well provide their DCA mates with some sort of Witness Statement to say they too swear blind the crabby copy is Kosher, but don't let them invent things. Put them on the spot, and demand to cross-examine any Witness they try to offer who claims to know all about this copy.

 

Read Shakespeare62's Thread to see what sort of strokes Arsemex are trying to pull with copy Agreements...and DP77's Thread too.

 

OK, that's the start of the Agreement, i.e. the making of it. Unless capquest can prove there is a properly executed Regulated Credit Card Agreement, then they don't get past the first post, depending on the Judge of course.

 

The good news is it gets worse for them from there, because the ending of the Agreement is a mess, as that naff s87(1) Default Notice confirms. I cannot see how capquest have managed to acquire any s87 rights to demand early payment of sums not yet due, because Arsemex have handed them a pup. The Agreement was handed over to them having been Terminated and with Arsemex having blown s87 for them.

 

That may help for a start!

 

Cheers,

BRW

 

Hi BRW,

 

Very Many thanks for the wealth of information provided. I am sorry that I had stepped out. I have just walked inn. I have not read the links you referred me to. I am going to start on that now.

[Dot1]

Hello Dot1!

 

I think the s87(1) Default Notice is also an idealised recent mock-up.

 

Back way back in 2005 they were not using bold on any underlined Prescribed Text, as they were supposed to. I note the one they have come up with has that error corrected, but they were not getting that right in 2005.

 

Likewise, the word Card at the top left hand is indicative of a re-creation, because on the real s87(1) Default Notices, they used pre-printed letterheads, with an Arsemex Logo over to the Top Right, so the word Card went under that.

 

Whereas on the thing they have sent you, the word Card is sat over to the Top Left, all on its lonesome. IOW, what's it doing up there? Not a lot, because this is a re-created Notice.

 

Arsemex have been known to get other things wrong when re-creating things to their advantage, little issues such as the date for example!

 

So, have you by any chance got the original? Or might you have it somewhere in the attic? Worth having another look.

 

Also, have you sent them a SAR? That might reveal, say, a Termination Notice, and that might state the date of the original s87(1) Default Notice.

 

But it's pants on time, as has been pointed out. They did not allow for Postage, so you were not given the Statutory 7 clear days (i.e. applicable in 2005).

 

The key to all of this is to gather your evidence, then prepare for Court. The acid test is to put in a good show in Court, arguing the legal issues clearly. To do that, you just have to dig out and read, and practice how you will present and argue the issues on the day.

 

However, half the battle is the ping-pong by Letter before Court, so keep hitting them with problems to make them realise you will cause them grief if they push this one to Court.

 

In summary:

 

(1) Investigate the making of the Agreement, if all they have is a crabby photocopy, then you must do all that you can to pressure them on that key issue. If you have not already done so, use CPR 31.14, and demand to make a physical inspection of the document in their Offices within 7 days. Do not let them off the hook. There is still time if you crack on.

 

(2) The running of the Account, did Arsemex levy any unlawful charges and/or mis-sold PPI etc, anything that might have ratted up the default sum on the s87(1) Default Notice. Likewise, there may be scope for a Counter-Claim for those charges, but I know time is tight there.

 

(3) The ending of the Agreement, looks like Arsemex screwed the pooch there, so make the very most of that highly dubious s87(1) Default Notice.

 

(4) The Assignment. Have capquest actually been Assigned? i.e. an Absolute Assignment, such that they have standing and can take you to Court.

 

(5) Did Arsemex actually own the Debt to Sell to capquest? Bearing in mind Arsemex Cards are based in the USA, Statements issued in the USA and Posted to the UK, payments Authorised in the USA often with Dollar/Sterling conversion issues that give that away...and a bunch of Card bankers who depended on Securitisation for at least 50% of their income, the rest was from Merchant Fees until they became a bank in 2008...so, did Arsemex Securitise your Card, and if they did, and did so in the USA, was it a 100% sale as the USA Laws require.

 

IOW, some awkward questions need to be asked...so get asking them, and see what these muppets come up with.

 

Cheers,

BRW

 

Hi BRW,

 

Unfortunately, I have not got the original CCA or DN. If I recall well then I have never had them. Not even a termination Notice.

According to the statements they have sent with this DN & the CCA, the account was cancelled in March 05 but I continued paying them util June 2006. I paid them a total of £870.00 between April 19 05 to June 20 06.

There are also other charges plus interest.

According to Capquest they acquired the debt in Jan 2009.

I also made payment to Capquest totaling to £60.00.

I did send SAR to Amex in November and they only provided me with Statements copies.

I have not done anything to do with CPR 31.14. How do I go about? What do I need to do?

 

I am not sure of what to do. Please I need your help.

 

Thanks Dot

[Dot1]

Thanks BRW just what the doctor ordered

 

Hi Martin,

The Medication was very good but it still need monitoring for it to be effective. Thanks a lot for your help. I know I still have a lot of work to do but I sure with this kind of help from you people, it will me manageable. What is the next step now?

 

Thanks Dot

[banker_rhymes_with]

Hello Dot1!

 

It might be an idea if you can Post up more details about the Claim, or if you have another Thread, maybe you could copy over any details from there to save time.

 

Just need to know how it got to here, what they did and when, is there a POC/Claim etc.

 

Unfortunately, I have not got the original CCA or DN. If I recall well then I have never had them. Not even a termination Notice.

Did you move at all, i.e. did anything go to an old address, were you away etc?

 

According to the statements they have sent with this DN & the CCA, the account was cancelled in March 05...

OK, that's good, because Arsemex do like to hit people with Termination letters, and they call it Cancellation, but it means the same thing, the end of the Agreement at that point. No chance thereafter to issue another s87(1) Default Notice to remedy the duff one now!

 

...but I continued paying them util June 2006. I paid them a total of £870.00 between April 19 05 to June 20 06.

OK, that's fine, just background. Say you did not know better, and you were unaware they had a Poop Agreement and ended the Agreement unlawfully on the back of a defective s87(1) Default Notice.

 

The point being Arsemex ratted it up for capquest before Sale, they've sold them a pup.

 

There are also other charges plus interest.

OK, the charges are the interesting bits, especially Overlimit Fees or Late Fees. Add them up, and they should make a big dent in the default sum they claimed you owed on the DN.

 

According to Capquest they acquired the debt in Jan 2009.

Did Arsemex tell you that? Or was it just capquest? They may have a problem with the Assignment, so worth finding out/checking all of your papers to see if there is any problem with dates etc.

 

I'd send a SAR to capquest anyway, it's worth £10, and may just tease out something. I'd also send Arsemex another one, and demand they send you everything, including the kitchen sink.

 

I also made payment to Capquest totaling to £60.00.

Not to worry, you didn't know the position.

 

I did send Subject access request to Amex in November and they only provided me with Statements copies.

Naughty of them, but use that against capquest to show there was no sign of that s87(1) DN in that SAR. If not, why not?

 

If the Arsemex SAR was Nov 2008, and capquest came on the scene in Jan 2009, then the Assignment won't appear in the SAR Data, so that's why I'd send them both another one each. This won't help the Hearing coming soon, but it may help you if this rolls on beyond that. You cannot have too much ammunition.

 

I have not done anything to do with CPR 31.14. How do I go about? What do I need to do?

Read these two Threads, which should help:

 

Surfaceagentx20's Thread on CPR 31.14...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671

PT2537's Thread on Litigation...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html#post2695725

 

This is a link to CPR:

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

HTH

 

Cheers,

BRW

Edited March 27, 2010 by banker_rhymes_with
Can't Type or Bloooooody Spell!

[Dot1]

I have read the above link but Considering that my case has gone past the 1st /claim stage. In fact there is a judgement already. The coming hearing is for setting aside and Final Charging Order combined. Does the CPR 31.14 still apply? What sort of time should I give them initially?

 

Thanks Dot/COLOR]

 

Cheers,

BRW

 

Please bare with me. I am quite slow with Key board.

Edited March 27, 2010 by Dot1

[MARTIN3030]

I think it might be a good idea Dot to merge your earlier thread here-it will then serve as giving the background info.

None of the earlier vposts will interfere with the later ones.

I will take a look at your user CP and see if it looks a good option.

Edited March 27, 2010 by MARTIN3030
typo

[MARTIN3030]

Ok sorted.

3 threads merged.

[Dot1]

Ok sorted.

3 threads merged.

 

Thanks Martin.

That will make life a lot easier.

 

Dot

[Dot1]

Ok sorted.

3 threads merged.

 

Hi Martin,

Just wondering, for the CPR 31.14, should I send the request to Capquest or both of them.

Do you have any template on that?

I will be pleased if you could point me the direction.

 

Thanks.

[Dot1]

Hello Dot1!

 

It might be an idea if you can Post up more details about the Claim, or if you have another Thread, maybe you could copy over any details from there to save time.

 

Just need to know how it got to here, what they did and when, is there a POC/Claim etc.

Unfortunately, I haven't got access t a scanner now but I will try and brief you.

Capquest acquired the debt on 19.12.08,

Filed a claim in July 09

Obtained a default Judgement in Aug 09.

My wife was very ill and pregnant which led to her being hospitalized. I was worried sick. The bay was delivered prematurely and had to be in the care of the Neonatal.

Spent most of my time in the hospital and was too worried to chek on mails.

November Capquest obtained Interim CO. Basically, I failed to respond to the Claim.

 

Did you move at all, i.e. did anything go to an old address, were you away etc?

I did not move but with frustration and worries, I destroyed some of the docs. Initially I thought burying my head in the sun would work

 

OK, that's good, because Arsemex do like to hit people with Termination letters, and they call it Cancellation, but it means the same thing, the end of the Agreement at that point. No chance thereafter to issue another s87(1) Default Notice to remedy the duff one now!

In fact, this is the fast time I am seeing the DN

There was not termination Notice too.

 

 

OK, that's fine, just background. Say you did not know better, and you were unaware they had a Poop Agreement and ended the Agreement unlawfully on the back of a defective s87(1) Default Notice.

 

That is true

 

The point being Arsemex ratted it up for capquest before Sale, they've sold them a pup.

According to a letter from Capquest and Amex which both came through Capquest, the sale took place in December 2008

 

OK, the charges are the interesting bits, especially Overlimit Fees or Late Fees. Add them up, and they should make a big dent in the default sum they claimed you owed on the DN.

 

I Will do that shortly/COLOR]

 

Did Arsemex tell you that? Or was it just capquest? They may have a problem with the Assignment, so worth finding out/checking all of your papers to see if there is any problem with dates etc.

 

I'd send a SAR to capquest anyway, it's worth £10, and may just tease out something. I'd also send Arsemex another one, and demand they send you everything, including the kitchen sink.

I will SAR both of them

 

 

Not to worry, you didn't know the position.

 

Naughty of them, but use that against capquest to show there was no sign of that s87(1) DN in that SAR. If not, why not?

 

If the Arsemex SAR was Nov 2008, and capquest came on the scene in Jan 2009, then the Assignment won't appear in the SAR Data, so that's why I'd send them both another one each. This won't help the Hearing coming soon, but it may help you if this rolls on beyond that. You cannot have too much ammunition.

 

Amex SAR was Nov 2009 not 2008

 

Read these two Threads, which should help:

 

Surfaceagentx20's Thread on CPR 31.14...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671

PT2537's Thread on Litigation...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html#post2695725

 

This is a link to CPR:

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

HTH

 

I have read the link but Considering that my case has gone past the 1st /claim stage. In fact there is a judgement already. The coming hearing is for setting aside and Final Charging Order combined. Does the CPR 31.14 still apply? What sort of time should I give them initially? Some how I lost what I posted earlier on. I wonder what happened./COLOR]

 

Thanks Dot

 

 

Cheers,

BRW

 

 

BRW,

Edited March 27, 2010 by Dot1

[cymruambyth]

Thank you Martin and BRW, I was not in a position give give help.

[Dot1]

Could some one please have a look and tell me if this letter is OK to send?

Since time is pressing very much, can I fax it to them?

Many thanks for your help.

 

 

CapQuest Investment Limited

C/o CapQuest Debt Recovery Ltd

PO Box 396

Fleet

Hampshire

CU51 2WJ

 

29.03.10

 

 

 

 

Account No: XXXXXXXXX Claim No

 

 

 

Dear Sir,

 

Re: (CapQuest Investment Limited) v (Your name) Case No:XXXXXXX

CPR 31.14 Request

 

On 26th March 2009 I received your Claimant bundle in this case issued by you from the Northampton County Court.

On the XXXXXX the Judge ordered that you provide me with a true signed copy of the Original Credit Agreement. I also note from your bundle that it is one of the evidence submissions that you intend to rely on,yet the one which you provided is ineligible.

 

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) included in your bundle:

 

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*

 

5 Full detailed statement of judgment of the alleged debt.*

 

 

Although your claim is for a sum which is not more than £5,000.00 and was allocated under the small claims track for determination, at this moment in time I have not delivered my defence for the Charging Order and set aside hearing due to take place on 09/04/10. 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.

 

 

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, therefore it is in your interests 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

 

 

Dot

Edited March 28, 2010 by MARTIN3030
review.

[Dot1]

CHRONOLOGY OF EVENTS

 

1. On 04 January 2009 claimant wrote and informed me that that CapQuest Investment Limited had bought the debt of £1191.71 under account number XXXXXXXXX and have appointed CapQuest Debt Recovery Limited to manage the account and litigation matter. The letter further stated that if I do not make contact by 11 July 08 then the alleged account will be passed to their solicitors.

 

2. On 22 February 2009 claimant wrote and informed me that they were starting litigation process unless I contact them before 07.03.09. The same letter also stated that by contacting them before the above date would mean that I will pay £902.72 over six months. The Letter was from a Marcus Butterworth from litigation department.

 

3. On 16 March 2009, the claimant wrote to me again signed by Mike Daniels (Managing Director) with a plan of how to pay the alleged debt. The plan was only open until 29. March 09 otherwise it will be withdrawn.

 

4. On 20 March 2009, I contacted the claimant by telephone and informed them that I was not aware of the alleged debt and requested them to provide me with more details of the alleged debt to enable me deal with it. I was advised to write a letter.

 

5. On 25 March 2009, I wrote to the claimant as advised requesting that they provide me with Notice of assignment, a true signed copy of Credit Agreement with terms and condition and statement of accounts.

 

6. There was no acknowledgement or any other communication from the Claimant until 22 July 2009, when the claimant issued a claim through Northampton County Court Bulk Centre with a total cost of £1,408.23 including Court fee and solicitor’s costs. I did not receive any letter before action and I was away from home at the time and could not respond to the claim.

 

7. In Mid July 2009, my wife became very hill and was also expecting a baby and was admitted in the hospital. I was in the Hospital looking after her. This resulted into me not being able to respond to the claim form as I was away. The Claimant issued the claim without responding or dealing with my request. However, I was unable to deal with the matter because my wife’s condition was very serious and life threatening that I was in the hospital with her.

 

8. The Claimant obtained a default judgment in August 2009 and the Court Order that I pay the amount of judgment in full to the defendant issued by Northampton County Court for a total of £1,370.83.

 

9. On 14 August 2009, I contacted the claimant by telephone and informed them why I did not respond to the claim form because I was away. I spoke to a Craig Macrowed who told me that they had already obtained judgment on 12.08.09. He was more concerned about payment than anything else. I made an offer of making installment payment of £20.00 per month. I was advised to put it in writing. I also informed him that I had made a request of a copy of the Credit Agreement but I have not yet received it. He told me that they had requested it from the original creditor and will be forwarded to me on receipt.

 

11. On 17 August 2009, the claimant sent a letter informing me that judgment was entered against me on 12 August 09. The letter also contained their Bank Account details but stated that they could not enter any formal arrangement until they secure their funds.

 

12. On 26 August 2009, the claimant wrote to me demanding full payment for the sum of £1410.23 by 11.september 2009.

 

14. On 10 October 2009, my wife’s conditions worsened and as both of them were at risk. The baby had to be delivered by caesarean prematurely. The baby was kept at neonatal unit for a while the mother also still needed care from the hospital. She was still kept in the Hospital.

 

13. On 16 October 2009, the claimant made an application for Charging Order at Bradford County Court.

 

14. On 29 October 2009, Claimant sent an annual statement of account for the period 30 December 2008 to 30 September 2009.

 

15. On 12 November 2009 Bradford County Court made an order for interim charging order.

 

16. On 20 November 2009, I wrote to Claimant again requesting for a True copy of original Credit Agreement, Statement of accounts and a true copy of assignment letter from Amex (Recorded Delivery) with appropriate fee.

This was received and signed for.

 

17. On 20 November 2009, I sent a Subject Access Request Letter to American Express.

 

18. 26 November 2009 the Claimant’s representative HL Legal & Collections Solicitors served me with a copy of Interim Charging Order

 

19. On 27 November 2009, American Express responded to my request but only provided me with copies of statements of accounts without any other documents I requested.

 

20. On 27 November 09, I made a set aside application to Northampton County Court after seeking advice from my local advice centre and the case was transferred to my local County Court for listing and hearing.

 

21. 08 December 2009, the claimant replied my letter and confirmed that they had requested for the documents I requested and will be forwarded upon arrival. In the letter, claimant acknowledged receipt of payment made.

 

22. On 19 February 2010 I attended hearing the Set Aside Application and Final Charging Order and the Court adjourned the hearing to April 2010 as claimant had not served all parties and did not attend and the judge ordered the claimant to serve me with a copy of the Credit Agreement for the alleged debt.

 

23. On 20 Feb 2010, I faxed and posted a dispute letter to the claimant informing them that since they had failed to comply with my request under S77/78 of CCA, the deadline was gone and the account was in dispute at and will remain in dispute until they fulfill their obligation and can not be enforced. I informed them too that I do not acknowledge any debt and will not be making any more payment.

 

24. On 25 March. I received claimant bundle from HL Legal (Claimant’s Solicitors) containing Copies of Statements, A letter introducing them that they were instructed to act on this matter, a copy of DN.

 

25. On 26 March. I received letter from Claimant enclosed with copies of statements, copy of CCA, copy DN and copy of letter of Assignment

 

 

 

 

 

I hope this will shed more lights. Thanks/COLOR]

Edited March 28, 2010 by Dot1

[Dot1]

Hi,

Could someone please help look at the CPR letter so that I may fax it tonight and post a copy tomorrow. I will post more correspondence form the claimant later if I manage to find a scanner.

 

Thanks

[MARTIN3030]

Yes Dot looks ok.

Have made a couple of edits.

[Dot1]

Yes Dot looks ok.

Have made a couple of edits.

 

Many thanks Martin.

I have faxed both HL and Capquest and will send a copy by post tomorrow too.

Will wait and see what will happen next.

 

Thanks Dot

[Dot1]

Hello Dot1!

 

It might be an idea if you can Post up more details about the Claim, or if you have another Thread, maybe you could copy over any details from there to save time.

 

Just need to know how it got to here, what they did and when, is there a POC/Claim etc.

 

Did you move at all, i.e. did anything go to an old address, were you away etc?

 

OK, that's good, because Arsemex do like to hit people with Termination letters, and they call it Cancellation, but it means the same thing, the end of the Agreement at that point. No chance thereafter to issue another s87(1) Default Notice to remedy the duff one now!

 

OK, that's fine, just background. Say you did not know better, and you were unaware they had a Poop Agreement and ended the Agreement unlawfully on the back of a defective s87(1) Default Notice.

 

The point being Arsemex ratted it up for capquest before Sale, they've sold them a pup.

 

OK, the charges are the interesting bits, especially Overlimit Fees or Late Fees. Add them up, and they should make a big dent in the default sum they claimed you owed on the DN.

 

Did Arsemex tell you that? Or was it just capquest? They may have a problem with the Assignment, so worth finding out/checking all of your papers to see if there is any problem with dates etc.

 

I'd send a SAR to capquest anyway, it's worth £10, and may just tease out something. I'd also send Arsemex another one, and demand they send you everything, including the kitchen sink.

 

Not to worry, you didn't know the position.

 

Naughty of them, but use that against capquest to show there was no sign of that s87(1) DN in that SAR. If not, why not?

 

If the Arsemex SAR was Nov 2008, and capquest came on the scene in Jan 2009, then the Assignment won't appear in the SAR Data, so that's why I'd send them both another one each. This won't help the Hearing coming soon, but it may help you if this rolls on beyond that. You cannot have too much ammunition.

 

Read these two Threads, which should help:

 

Surfaceagentx20's Thread on CPR 31.14...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671

PT2537's Thread on Litigation...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html#post2695725

 

This is a link to CPR:

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

HTH

 

Cheers,

BRW

 

The documents in relation to the case are further down in the thread. Thanks

Edited April 1, 2010 by Dot1

[Liz Southern]

CHRONOLOGY OF EVENTS

 

1. On 04 January 2009 claimant wrote and informed me that that CapQuest Investment Limited had bought the debt of £1191.71 under account number XXXXXXXXX and have appointed CapQuest Debt Recovery Limited to manage the account and litigation matter. The letter further stated that if I do not make contact by 11 July 08 then the alleged account will be passed to their solicitors.

 

LS: HL Solicitors are Capquest. Just a different end of the office.

 

LS: More importantly, if a judgment was obtained in favour of CapQuest Investment Limited you should apply to have it set aside, as it has come to your attention that CapQuest Investment Limited did not have an Office of Fair Trading Licence (No: 0625156) on 4th January 2009. Their licence was only granted on 23rd July 2009.

 

LS: CapQuest "Debt Recovery" Limited's trading licence No: 475757 with the Office of Fair Trading expired on 6th January 2010. They can have no involvement with your matter.

 

LS: Have you seen a Notice or Deed of Assignment from your original creditor (Amex) to either CapQuest entity? Without this, there is no proof that they own the debt.

 

6. There was no acknowledgement or any other communication from the Claimant until 22 July 2009, when the claimant issued a claim through Northampton County Court Bulk Centre.

 

LS: Which Claimant are you referring to? Was this CapQuest Investments Ltd?

If so, it was unlawful.

 

8. The Claimant

LS: which claimant?

obtained a default judgment in August 2009.

 

22. On 19 February 2010 I attended hearing the Set Aside Application and Final Charging Order and the Court adjourned the hearing to April 2010.

 

S77/78 of CCA, the deadline was gone and the account was in dispute at and will remain in dispute until they fulfill their obligation and can not be enforced.

 

LS: You have grounds to defend against the charging order being made final at the hearing.

 

/COLOR]

 

Liz Southern

Just won against CapQuest for £300.00

Edited March 29, 2010 by Liz Southern
Grammar

[Dot1]

Liz Southern

Just won against CapQuest for £300.00

 

Hi Liz,

 

Thanks for that. It is an encouragement. Was it a similar case to mine.?

Any guidance and suggestion are welcome. I am not sure of what to expect yet but I have sent them a CPR Request.

 

Thanks Dot

[Dot1]

Hullo,

Could some one please clarify for me if a faxed letter can be treated as received.

I faxed HL Legal and Capquest yesterday my CPR then posted the original as well later. I noticed on looking at the HL Legal's Website that they do not accept service by Fax. Is that true?

I am asking this because the copies I posted has not been delivered yet according to the Royal Mail.

Should they fail to comply with my request, What else can I do since the hearing is now very near?

Will the court treat fax letter as received ? I have transmission report confirming that it went through.

If they fail to response, should I contact the court?

Could someone please advice?

 

Thanks Dot

[cymruambyth]

Could you email the request and use the delivery report option?

[Dot1]

Could you email the request and use the delivery report option?

 

Hi cymruambyth,

 

Thanks for your reply. Actually, I got it wrong. I revisited the Website again. It is not on the site but on their letter head. Small prints at the bottom of the page, States that "Service by Fax and email not accepted". Yet on the website they list phone, fax and email as ways of contacting them.

I really do not know what to do. I checked again with Royal Mail and no delivery has taken place yet.

 

Dot

[cymruambyth]

If the website says that you can contact them by email, do so with a delivery report. You could always ring to ask if they have received fax/email.

[Dot1]

If the website says that you can contact them by email, do so with a delivery report. You could always ring to ask if they have received fax/email.

 

I actually contacted them and they confirmed receipt of the fax. They also told me that they wrote to me yesterday. Hopefully I will receive it tomorrow.

I spoke to the court too and was advised to decide what I want then write to the court.

[Dot1]

Hi all,

Just an update. Following my CPR request, this is what I got in response.

(See attached doc)

 

Could some one please have a look and advise.

They did send one before with different T&C. (Also Attached).

They have used the same front page but printed T&C from the internet and added to it.

 

Thanks for you support once again.