Urgent advice please - CCJ (Capquest)

[thebaglady]

Hello

I am hoping that i can get some advice, I have just recieved a claim form from Nothampton County Court. This was sent to my previous address, and was redirected by royal mail to my new address. I believe i only have until 21st to reply.

 

Claiment is Capquest Investments Ltd.

 

Particulars of Claim - part only of monies due under regulated Credit Acreement Number **************** between Capital One Bank and the Defendant the benefit of which was assigned to the Claiment on **/4/07. The Agreement terninated on the Defendants failure to comply with the terms of the agreement and /or the statury Notice of Default served by Capital One Bank Ltd.

The claiment seeks interest pursuant to section 69 of the County Courts Act1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to the claiment on:0870 0843533 (phone) or 0870 084 2570 (fax) or email : [email protected]

 

Amount claimed is 299.99

Court fee 15.00

Solicitors costs 50.00

Total amount 364.99

 

The debt is from approx 7 years ago, i dont have any of the original paperwork. I just dont know what to do and am really panicking. Without going into everything, we have been through so much and are just getting our lives back on track a little, and i dont want a CCJ over my head, we had our home repossessed 3 years ago, and rent private now, pay everything on time etc. I am so scared this is now going to be serious. I cant go back to living in fear of the postman, or a knock at the door again.

 

I have treied to give as much detail as i can, and apologise if there is already a thread similar, i did look first but i am very worried and need to know how to approach this, with the Courts and Capquest.

 

Thanks, i am waiting for your advice.

[miss muppet]

If you haven't acknowledged the alleged debt or paid anything towards it for the time period you mention then they are out of luck, here's a link to help, plus if you use the drop down search box and type Capquest you will come across lots of other people in the same position:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

[miss muppet]

As you only have until 21st to reply you may have to ring Northampton on Monday and ask to speak to the court manager to advise them that you have only just received this claim and why. If the time limit was not so short I would be advising you to complete the acknowledgement of service and submit what is called an embarassed defence.

[miss muppet]

And here's what an embarassed defence looks like and of course it involves dear Capquest (Post 12):-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/261222-court-papers-received-ffom.html

[thebaglady]

Thank you for the reply's so far, I have just noticed on the court paperwork it states you can respond online. Should i try to do the acknowledgement of service and state that i intend to defend all of the claim?

 

Do you think i should try to do this?

 

I will look at the other links too, just need to know how to respond.

I could try to ring them on Monday, but would hate to rely solely on this method and not be able to get through or something.

[thebaglady]

As you only have until 21st to reply you may have to ring Northampton on Monday and ask to speak to the court manager to advise them that you have only just received this claim and why. If the time limit was not so short I would be advising you to complete the acknowledgement of service and submit what is called an embarassed defence.

 

 

Hi Miss Muppet... I have been to look at the online service and it does look like i can complete the acknowledgement of service and can tick to contest court jurisdiction!!!

This i think will give me 28 days to submit my defence, will need help with that too.

 

Do you think that i should do this due to the timescale involved and then submit an embarrassed defence?

 

Many thanks for your quick reply, and help.

[Desperate Daniella]

Hi baglady,

 

Do the online acknowledgment of service as you suggest.

 

If you have made no payments at all for over six years it is statute barred anyway. If it's a Capital One agreement from the early 2000s it won't be compliant with the CCA 1974 regs either.

 

Write to Capquest sending a PO for £1 asking for a copy of the alleged original credit agreement. I personally would say "in light of the fact that you have already started proceedings in ...... I trust you will give this matter your urgent attention. I am sure the agreement is readily to hand as you will obviously be relying on it in court." Don't sign it with your real signature.

 

The embarrassed defence is on here so you can leave it until the last minute and then will be able to show what they have sent you or, more likely, say that they have failed to provide documentation to back their claim.

 

DD

[miss muppet]

Send our friends the statute barred letter (I think it'll be in the first link I posted) as well ,recorded delivery and as with the CCA, don't sign, print your name.

[citizenB]

What is the date of issue on the Claim form ?

 

The time scale is as follows:

 

Date of issue + 5 days for service + 14 days to acknowledge + a further 14 days if you acknowledge you are going to defend .

 

If you believe this is statute barred then I see no harm in sending the statute barred letter at the same time as sending a CPR31.14 request for documents mentioned in the POC.

 

If you are at a point where you need to submit a defence to avoid a default judgement then the following is a simple embarrased defence which should see you ok. It is well within the text limit. I wonder whether it would also be worth putting in that the account is very likely to be statute barred ? I will flag your thread for further advice by the site team.

 

 

Defence

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

3. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

Meanwhile you need to send a CPR31.14 request to the solicitors asking for information mentioned in the POC. Read the following threads.

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

 

HTH

[citizenB]

BTW, if it is just the acknowledgement that is required to be done by 21st. Then just acknowledge and tick the box that you will be defending all.

 

That way you get a further 14 days to submit a defence and by then you could have sorted out the statute barred issue and it will go no further.

 

Thread also moved to legal issues forum for more advice.

[thebaglady]

Thank you all - you have made me feel so much better, i have done the online acknowledgement of service, ticking that i am defending all of the claim, and also ticked to contest court jurisdiction. I have printed off the recieved acknowledgement of service, proving that i did it within the timecscale.

 

I will do the letters you have advised, tomorrow and send them off recorded delivery, enclosing the £1 postal order. I am sure i have not paid or acknowledged the debt within the 6 years.

 

The date on the court document was 2nd June, so i would think that with 5 days, plus 14 that takes me to 21st June. I have got the reciepted document from the court now dated 19/6/10.

 

Thank you so much for your advice and help, i now understand from this forum that had i known where to come for guidance, i would not have lost my home, when it was repossessed 3 years ago, by GMAC.

 

But its too late for all that now, i can only look to the future, it is just the few very old debts that seem to be popping up now to haunt us.

 

Thanks again.

[Docman]

bl

 

If you send the letter using the Court's rule 31.14 as suggested by CB above, you don't send £1. That fee is for when you are asking for a copy agreement under S78 of the Consumer Credit Act if you are not in actually litigation. Once a claim is issued, you should use the 'Civil Procedure Rules'. Rule 31 is the one to use to get information and documents.

[Ganymede]

Thank you all - you have made me feel so much better, i have done the online acknowledgement of service, ticking that i am defending all of the claim, and also ticked to contest court jurisdiction.

 

Why?

 

Am I missing something?

[thebaglady]

Why?

 

Am I missing something?

 

 

Please explain your confusion.... I dont know what you are asking.

[thebaglady]

bl

 

If you send the letter using the Court's rule 31.14 as suggested by CB above, you don't send £1. That fee is for when you are asking for a copy agreement under S78 of the Consumer Credit Act if you are not in actually litigation. Once a claim is issued, you should use the 'Civil Procedure Rules'. Rule 31 is the one to use to get information and documents.

 

Thank you Docman, i will do the above letter and also send the statute barred one also. I will post both letters on here before sending them, just so people can advise i have done them correctly.

 

Sorry but i am not very good dealing with things like this, but with the help given from people here, i do feel better able to tackle it.

[Desperate Daniella]

Sorry, CB and docman are right. As proceedings have started it is the 31.14. Apologies for the confusion.

 

I'm so sorry to hear you lost your house due to lack of good advice. This site is an absolute Godsend and has saved me from so many horrors over the last 18 months or so.

 

DD

[citizenB]

Make sure your CPR31.14 and statue barred letters are both addressed to the solicitor mentioned on the claim form.

 

Good news that you arent so pushed for time now, although you need to keep on top of things. If you havent had a response from the soclitior on either issue by Monday, 28th June. Let us know and we can advise further.

 

I rather suspect that Ganymede's confusion is over why you ticked the "contest jurisdiction" box. Your claim will automatically be forwarded to your local court if it ever gets to that stage.

[thebaglady]

Make sure your CPR31.14 and statue barred letters are both addressed to the solicitor mentioned on the claim form.

 

Good news that you arent so pushed for time now, although you need to keep on top of things. If you havent had a response from the soclitior on either issue by Monday, 28th June. Let us know and we can advise further.

 

I rather suspect that Ganymede's confusion is over why you ticked the "contest jurisdiction" box. Your claim will automatically be forwarded to your local court if it ever gets to that stage.

 

Thank you - i am just going to get started on the letters, i ticked the "contest jurisdiction box", because i was afraid of missing out something important.

[citizenB]

Thank you - i am just going to get started on the letters, i ticked the "contest jurisdiction box", because i was afraid of missing out something important.

 

, I think it is a question that gets asked quite a lot.. do I or do I not tick that box. In your situation you were struggling to catch up so some questions didnt get asked. It isnt a problem and doesnt cause you any grief.

[thebaglady]

Sorry to be a mither, but just to recap, i am sending the statute barred letter and the CPR31.14, to the solicitors mentioned on claim form.

 

I am presuming that the solicitors are HL LEGAL & COLLECTIONS, as there is only them and the claimant - CAPQUEST INVESTMENTS LTD mentioned.

 

I will be back when i have done the letters.

 

Thanks again to everyone advising me.

[thebaglady]

Ok i have tried to do the letters folowing the advice i have recieved, are they acceptable or have i missed out anything?

 

Address

21 June 2010

Dear Sir,

 

Re: Capquest Investments Limited v Mrs XXXXXXXXX - Case No:XXXXXXX

CPR 31.14 Request

 

On 9 June 2010 I received the Claim Form in this case issued by you out of the Northampton county court .

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your 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 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*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

[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

 

Mrs XXXXXXXXXXX

Statute barred letter.

Name

Address

21 June 2010

Dear HL LEGAL & COLLECTIONS

 

Agreement Number - xxxxxxxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

My Signature – TYPED not SIGNED

[miss muppet]

Perfect, now send off both recorded delivery.

[citizenB]

Perfect, now send off both recorded delivery.

 

And yes, to H L Legal:D

[james141]

Hi thebaglady

 

I have got exactly the same thing with capone/Capquest, I believe mine is stat bared but im not 100% sure.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/262485-received-count-court-claim.html

[thebaglady]

Hi thebaglady

 

I have got exactly the same thing with capone/Capquest, I believe mine is stat bared but im not 100% sure.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/262485-received-count-court-claim.html

 

Hi James, i have read through your thread, very similar situation to me. Good luck with your fight, I honestly am so happy to have recieved the advice and guidance, i was in such a panic, I know it is not over yet, but at least we are giving them a run.