Received Count Court Claim Today / Capquest/CAP ONE

[42man]

Once you have sent off the CPR, then you need to submit your defence (usually an embarrassed defence) within the deadlines....then wait for the allocation questionnaire.....and you are correct you do no tneed to supply £1 for a CPR request...and I know it is strongly recommended to submit an N244 to strike out too have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html and this one too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[james141]

Thanks 42 man, I am going to give them another 7 days + request a further 28 days to file defence then go for the strike out.

[james141]

I have just noticed I made a boob!!!!

 

I sent a" Combined CPR 31.12 and CPR 16.4(2) Request"

 

which as I understand is a pre legal action thing!

 

I will send the 31.14 today!

[Desperate Daniella]

I don't think anyone has mentioned this yet?

 

Capital One agreements before 2006 are not compliant with CCA 1974 so will not be enforceable anyway. (The ones after that are dodgy too in that they won't let anyone view the "originals".)

[james141]

Ahh nice one thanks Daniella

 

I am also sending then the stat bared letter as im 99% sure it is

[Docman]

James

It isn't a mistake on your part but I think the responses you have received demonstrate the fund and games that debt collectors and their lawyers can have with inexperienced debtors who have had the audacity to actually question the debt collector!

An application known as a Subject Access Request [sAR] under the Data protection Act 1998 can yield lots of useful information but the person you write to has 40 days to respond AFTER you have paid the statutory fee of £10. It was used often to get copies of old bank and credit card statements when claiming back unlawful charges. But when you are faced with litigation it takes too long.

The other avenue that can be used is to make a request of the creditor for a copy of the credit agreement [CCA] using Ss 77/78 of the Consumer Credit Act 1974. The creditor has a period of 12 days to supply the CCA after which he cannot then START a legal action against you until he supplies the CCA. You also have to pay the statutory fee of £1, failure to do so means the creditor doesn't have to comply. This is a useful avenue when a debt collector is threatening legal action but not as good once the claim is issued.

Once a claim [N1] is issued, you should use the Court’s rules [Civil Procedure Rules] to get what you want. These are more powerful because if the creditor/claimant does not comply, the court can take action such as striking out the claim. The documents supporting the creditors claim should be attached to the claim form under CPR 16 BUT when claims are issued online through the Northampton County Court, there is an exemption [CPR 7] that allows a creditor not to supply with the claim form. If the documents are not supplied (as is often the case), you have to write for copies using the rules about disclosure contained in CPR 31. Rule 31.14 allows you to inspect any document referred to in the ‘Particulars of Claim [POCs] as set out on the N1 claim form. There are other rules to obtain information so don’t confuse your requests. The request you have made quoting rule 31.12 refers to specific disclosure by the court. Have a look at the ‘stickies’ above which describe the use of rules 31.14 and 31.15.

Looking at the claim form in your case, the documents you should have asked to inspect are the credit agreement, the Default Notice, and the Notice of Assignment. You see that have sent you the Notice of Assignment and treated the rest of your request as either a request for a copy agreement under S78 or a general ‘complaint’. Since you didn’t enclose a £1 fee, they have then rejected the assumed S78 request. They have then sent you an initial response to a complaint saying they will get back to you in four weeks, the time frame originally allowed by the financial service regulators to deal with a complaint.

You need to write back, refer to all there responses, and clarify that you want to inspect the credit agreement and the default notice, quoting rule 31.14.

I have assumed that you have responded to the court and acknowledged service of the claim form. If you have not done so, you should do so TODAY.

[rhodium78]

CPR 31.12 is an application to the Court via form N244 and is for specific disclosure. It has cost implications so it should be used sparingly unless standard disclosure has not been adhered to or there is a crucial piece of evidence that you know is in the hands of the opposing party.

 

The other party are within their right to disregard the CPR 31.12 request, I would unless an order has been made by the Court to comply which is where the application comes in.

 

Also, a Creditor can start legal action even during non-compliance of s 78.

[james141]

Thanks for the info guys.

 

I hope I have done the right thing, I have sent:

 

To Capital One ref CCA request:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

To Capquest:

 

A proper S31.14 request

 

And I sent a statute bared letter to Cap quest CC'd to Cap one.

 

I didnt know what else to do.

[james141]

Thanks Docman you are spot on!

 

Yes I have acknowledged the claim online.

 

I have until the 5th to submit a defence, I will see what I get back from them next week and possibly go for an N244

[citizenB]

I imagine Capital One are being awkward as they have assigned the account onwards.

 

However, they should respond to a CCA request within 12 + 2 days.

 

Capquest are well aware they are not supposed to charge for any information in respect of a CPR31.14 request. They are obliged to provide copies of those documents mentioned in their POCs. Whilst Northampton permit them to exclude them whilst filing their claim. They should at the very least provide them to you with all due haste afterwards.

 

You should bring their attempt to charge you a fee for documents requested under CPR, to the court.

 

What concerns me however is their POCs state

 

"Part only of monies due under regulated credit agreement".

 

Who is the solicitor acting on behalf of CapQuest, is it Bryan Carter ?

 

Thanks.

[james141]

Thanks CitizenB,

 

I would say they are going after about 70% of the account.

 

The sol is HL Legal & Collections

 

I wonder if they chose the £299 amount to test the water, maybe its cheaper for them somehow if its under £300??

[citizenB]

The reason I asked if BC were the solicitor acting, was because it is a tactic of his to issue the claim in the amount of his fee only in the original stages. If that is won, usually by default, then he comes back for the actual amount outstanding.

 

I dont know what the fee structure is. So cant help there.

[james141]

Yeah I'm sure that was/is their plan

[thebaglady]

Hi James.. Just checking in on how your fight is going, they have done the same £299 for me and quote - part only of monies owed!!!!!!!

 

I have checked and my letters were recieved on 25th - so need to wait for the reply...

[james141]

Hi i am just waiting, should hear back this week hopefully I believe my case is stat bared like yours

 

I think they have made a mistake buying lots of stat bared debts

[citizenB]

James, have you checked on the RM website that your letters have been received ?

[james141]

I have just checked, both were delivered on the 23rd

[citizenB]

Thats good. I believe you are working to the same timescale as thebaglady arent you ?

[james141]

Thats good. I believe you are working to the same timescale as thebaglady arent you ?

 

Yeah give or take a few days, virtually identical circumstances

[thebaglady]

Yes it looks like they have, very worrying..... but i am very interested to see what comes next too.

 

I cant rest until it is sorted, its on my mind all the time.

[james141]

Well I heard nothing today hopefully tomorrow but I am fully expecting not to hear anything back!

[thebaglady]

Nothing for me either.

[james141]

Any ideas what you will do if you do t hear anything?

 

Apply to have it struck out?

[james141]

Nothing in todays post!

[james141]

Noting today either.

 

I have to submit my defence on Monday, so I need to start planning.

 

What should I do?

 

Embarrassed defence?