Capquest "V" Cab1ne

[cab1ne]

got this funny letter from capquest

 

 

so i phoned them up and asked who "clydesdale" and "others" actually are:confused:

 

so they agreed to send me the details in the post, and they sent me this

 

 

 

would it be ok to request everything using cpr 31.14 / 18

 

cab

[beyondhope]

OMG and you havent received a copy until now?! That letter was may the claim was June! I would be asking to see everything for def! You cannot defend without knowing what you are defending!

[cab1ne]

OMG and you havent received a copy until now?! That letter was may the claim was June! I would be asking to see everything for def! You cannot defend without knowing what you are defending!

 

kind of took me by the "nuts":eek:

 

31.14 it is then

 

Dear Sir / Madam

 

Re: Capquest Investments Limited v Cab1ne Case No: xxxxxxxx

 

CPR 31.14 Request

On 7th June 2007 I received the Claim Form in this case issued by you out of the Northampton (CCBC) County Court

 

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

 

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

 

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

Cab1ne

[cab1ne]

would i be right in assuming that a cpr 18 is for asking specific questions in order to obtain specific answers after cpr 31.14

 

cab

[citizenB]

Yes, you need to act swiftly, have a read of the links below.

 

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

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

 

You will need to request the following as they are mentioned in the POC.

 

The notice of assignment

The default notice

The agreement

 

You will need to apply for this using CPR31.14.

 

You also have a strict time table to stick to.

 

The claim was issued out of NOrthampton on 2nd June you are allowed 5 days for service = 7th June.

 

You need to acknowledge service by the latest 21st June... stating whether or not you intend to defend. you will then have a further 14 days in which to submit a defence. I think that is 5th July .

 

Also......

 

If the sums owed are in relation to a Regulated Agreement, then they cannot also claim s69 County Courts Act 1984 interest, because of s2(3)(a) of SI 1991/1184(L.12) The County Courts (Interest on Judgment Debts) Order 1991.

 

HTH

[citizenB]

would i be right in assuming that a cpr 18 is for asking specific questions in order to obtain specific answers after cpr 31.14

 

cab

 

Yes, do not use CPR18 to request documents. I have put some links in the post prior to this for you.

[cab1ne]

hi citizenB and thanx.

 

i think i might need to ask for more time, how would i go about that.

 

cab

[cab1ne]

"7 guests":)

[essexboy]

sorry cab

 

all i can say if they have instigated court proceeding why have they included a phone number in the poc to contact them

 

is this for real

 

why did they send it and not the courts

 

might be a good idea to ring the court and see if a claim has been made

 

notice no reference number

 

i might be missing something here but it dont seem right

 

essexboy

[wannabedebtfreesoon]

Are you saying that you don't know what this debt is for?? This is proper ridiculous! What about pre-action protocols?? Have you had any letters before action from capquest??

[cab1ne]

Are you saying that you don't know what this debt is for?? This is proper ridiculous! What about pre-action protocols?? Have you had any letters before action from capquest??

 

"NOPE" just the one letter above from 6th may:confused:

 

cab

[wannabedebtfreesoon]

have you been on mcol to acknowledge and dispute??

[cab1ne]

have you been on mcol to acknowledge and dispute??

 

Not yet, got 14 days from the 7th. However shall i just bang out the cpr 31.14 first.

 

cab

[postggj]

well well cabine

 

so you have a crappyquest claim

 

makes a change from an sd

 

send the cpr 36.14 to h l legal

 

me thinks ime going to have fun with this with your agreement

[cab1ne]

well well cabine

 

so you have a crappyquest claim

 

makes a change from an sd

 

send the cpr 36.14 to h l legal

 

me thinks ime going to have fun with this with your agreement

 

thanx post.

 

do i need to acknowledge service first,

 

cab

[wannabedebtfreesoon]

Not yet, got 14 days from the 7th. However shall i just bang out the cpr 31.14 first.

 

cab

Def log on to Mcol first to see what's what at least. Something's not right here, did they send you this form or was it the court?? Have you had anything from the court at all??

[cab1ne]

Def log on to Mcol first to see what's what at least. Something's not right here, did they send you this form or was it the court?? Have you had anything from the court at all??

 

i actually phoned the court today (after reading essexboy post) the claim is genuine and the court sent it, not hl legal. i find it very odd aswell:-|.

 

cab

[wannabedebtfreesoon]

Well it's obviously something to do with barclays, there's no harm in logging on to mcol and seeing what the timescales are. Send off your cpr requests as soon as too, you can always request extra time when you acknowledge I think.

[cab1ne]

okee dokee,

 

AOS done, what do i now do regarding the defence section.

 

cab

[wannabedebtfreesoon]

okee dokee,

 

AOS done, what do i now do regarding the defence section.

 

cab

I think the first thing you need to do is find out from mcol the exact date you need to file a defence by, just to be on the safe side

[wannabedebtfreesoon]

OK, having had a little root around I can see that you are entitled to ask for copies of the docs they mentioned in the poc and receive them within 7 days then ask for more time to look over them. You don't need to file a defence until you have the docs, because you can't answer something you don't even know about!!

[wannabedebtfreesoon]

Oh and if they don't send them in 7 days you can request the court to issue an order for disclosure.

[wannabedebtfreesoon]

Defence stage is a long way off yet so don't panic!

[cab1ne]

Defence stage is a long way off yet so don't panic!

 

"good"

 

my AOS does say i have 28 days to file a defence, but to be sure i shall convert it to a jpeg and upload (minus personal details)

 

cab

[wannabedebtfreesoon]

That's cool but you can't file a defence until you've received the docs from them and if they don't send them you can get an order for disclosure and if they still don't send them you can apply for the strike out!