Jump to content
  • Tweets

  • Posts

    • Hello, Can someone advise if the attached is a valid charge please?  I had parked in the car park and paid but then got delayed and have ended up with a ticket for parking longer than I should have done.   I know they will refuse the appeal but is this charge enforceable?   Charge Notice.pdf
    • The dealer is called Carwise in Epping. It's not the most established of premises. When i was there i'd say there was about 10-15 cars inside and an office. I've seen these reviews of them which seem to replicate my experience. https://www.cardealerreviews.co.uk/dealership/hr-autos-epping-essex-england (note previous name). It's quite worrying.    
    • To me, it isn't just about social distancing and hygiene measures. I'm far from the first to say it but until there's a reliable track and trace system, I don't think this can be managed properly.   Children may not suffer as much as adults, although some do, they can be asymptomatic and pass on the virus to the rest of the family.   https://www.walesonline.co.uk/news/uk-news/lockdown-david-king-second-wave-18739973
    • When will most schools actually re-open in September ?   And when they open, will they be providing teaching over the number hours 9am to 3pm  ?   I am thinking of the school I attended, which was a large Victorian building, with many modern extensions.  The classrooms which could accommodate about 35 Children elbow to elbow, will only be able to accommodate 20 at the most with any reasonable distancing.   Or does the whole class  of say 35 stay in a bubble and the teachers move around to teach the different subjects ?    I can see many schools opening later in September, not for all pupils for all days and not doing the full hours.   This is going to be very difficult to manage for all those concerned, including parents looking to return to work.     
    • Hi.   If you do a search of our forums you will find other people who've had trouble with Marquis. Sadly people don't always update their threads with the final result.   Scroll up this page to the red strip at the top, and type Marquis into the white search box on the right.   HB
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
nervous_wreak

Help got a court letter from Capquest HL from Capital One

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3469 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there

 

I recieved an debt letter last year from Capquest and sent them the normal response to prove it is mine. I have recieved no signatures and forms from them and nothing from Capital One.

 

Yesterday I recieved the court papers (blue) from Northampton Court asking them to repay all money

 

Please could someone advise what to do? Shall I scan the court paper for you to see?

Share this post


Link to post
Share on other sites

would be handy yes :)


DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Share this post


Link to post
Share on other sites

Hi there

 

Apologises, here is the paper

 

clipboard01kz.png

Share this post


Link to post
Share on other sites

Well thats something I haven't seen before! At the end of the day they STILL have to prove the debt is yours. I would write to both the court and Capital One informing both that you're quite willing to co-operate, however you don't feel that the debt is one owed by you and that when you asked Capitol One to provide more information in order to verify the debt was yours they failed to do so. I would send this first class recorded, with NO SIGNATURE at least on the Cap One copy.

 

That's the way I would play it, unless anyone else has any other suggestions.


DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

Share this post


Link to post
Share on other sites

Use CPR to force them to provide suppoerting evidence

Share this post


Link to post
Share on other sites

Hi there

 

Many thanks for your reply, please can I ask Seminole, is the CPR similar to http://www.consumeractiongroup.co.uk/forum/show-post/post-3014752.html or is it something different.

 

Please could you provide a link

 

Much appreciated for the help

 

Kind Regards

Share this post


Link to post
Share on other sites

Yes, that's exactly what I had in mind.

Share this post


Link to post
Share on other sites

Nervous wreck

 

 

You now (within 14 days) need to acknowledge to the Courts that you have received the claim form and that you will be defending. Also you can ask for it to be moved to your local court. You can do this online or at your local court. You can file a defence with the court, using form N9B, which will basically say that you know nothing about the debt and that you have not been provided with information previously requested. You can state that you have asked for proof of the debt on x date with no reply. Also that you now sent CPR 31.14 requests to CapQuest and Capitol One.

 

( Her Majesty's Courts Service -Forms and Guidance ) which you have to provide to the court with the acknowledgement of service form. Her Majesty's Courts Service -Forms and Guidance

 

Then you need to ask CapQuest and Capitol One to disclose all information relating to this account,

Use CPR 31.14 letters for this, sent by recorded delivery. This is the letter.

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) 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.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

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*

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

* delete if not 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]#

# delete if claim for a sum exceeding £5,000.00

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

The first thing to do is to complete the acknowledgement of service, this can be done on-line preferably straight away, instructions will be with the claim pack this then gives you an additional 14 days to put in your defence (total of 33 days from the date on the claim). (14 AOS+14 extra+5 days service)

 

Then you have time for them to reply to your CPR request and still complete the defence. In the quite possible scenario that they send nothing or nothing useful or complete you can then put in a holding or embaressed defence.

Share this post


Link to post
Share on other sites

Also make sure that EVERYTHING you send is by recorded delivery, whether to the claimants or to the courts. It may not come to it, but if you do need to prove dates of posting/receipt of communications it can occasionally make a difference.


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

Share this post


Link to post
Share on other sites

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites

Hi there

 

Just an update to this, I have completed online acknowledge to the Courts and said I am putting my defence, but I never got a message to say I want to move the court to near where I live. I take it that this is when I start putting my defence online or is this when I fill out form N9B

 

Later today 2 CPR 31.14 Request letters will be sent to Capquest and Capital One recorded delivery

 

Many thanks for your help on this

Share this post


Link to post
Share on other sites

I think you may have to go to your local court to make the request to move the case there. Sometimes easier to start dealing with your local court, as you then have the court staff to help you with the process.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

As it's a Northampton claim it should be transferred to your local court automatically when you submit a defence. If that doesn't happen for some reason you can request a transfer at the Allocation Questionaire stage.

Share this post


Link to post
Share on other sites

Hello...Just wanted to say good luck. I too am going through just the same as this, dealing with the same people.

 

I am a little further on with my case though, please have a look at my thread, I too have had some very good guidance and help. I would not have had a clue without it, and i was very very worried (still am really, as it is not over yet).


:eek: Looking hard to see a light at the end of the tunnel :eek:

Share this post


Link to post
Share on other sites

Hi there

 

Many thanks for your help and kind words also

 

I have recieved a letter from Capquest yesterday to which I will upload. It was only 2 letters. The 2nd letter must be the one they sent to me, but I never recieved it.

 

Here are the letters

 

capture1y.jpg

 

capture2ks.jpg

 

I will wait for Capital One to respond, I sent off the letter last week via recorded delivery, so I take it I should wait for 7+2 days right? Then build on my defence? As yet I have not recieved what I asked for in http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266598-help-got-court-letter.html#post3019942

 

Kind Regards

Share this post


Link to post
Share on other sites

Hi there

 

Apologises for bumping this thread, but please could anyone reply on this with your thoughts

 

Kind Regards

Share this post


Link to post
Share on other sites

Have they complied with your CPR request?


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Share this post


Link to post
Share on other sites

Hi there

 

No they haven't, this is the only letter they had today to this date. I sent the CPR letter last Friday and on Wednesday got this letter which I scanned yesterday

Share this post


Link to post
Share on other sites

Hi there

 

Just an update to this, til this date I have not recieved what I asked for in the CPR letter. Should I sent another letter, or should I know write on my defence online with the court system.

 

Please could someone advise on what the best next step would be to do

 

Kind Regards

Share this post


Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/legal-issues/257376-please-help-need-send.html#post2898814

 

Have a look here for a sample of an embarrassed defence that you need to submit to the court


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

Share this post


Link to post
Share on other sites

Hi there

 

Just to update you, I cannot log into the moneyclaim website, so couldn't put in a defence as yet. I spoke to the support member who advise to fill in the form and post the defence which I will do as special delivery, however I want to make sure that I will fill in form N9B. There is nothing in that form to say to move the court to where I live.

 

Please could someone advise

 

Kind Regards

Share this post


Link to post
Share on other sites

My understanding is they should move it to your local court automatically if it proceeds that far.

Share this post


Link to post
Share on other sites

Hi there

 

Hope everyone is okay. This issue is still ongoing. On Monday I recieved the following letter, please see attached zip file which is everything they have given me. A bit of background information, I was giving these people money to take down the debt, but then another debt company sent me an letter for the same card. So I sent both company letters, heard nothing, and now Capquest say I owe them money as per the original post

 

Please could someone see the zip file, one thing is that the date on the signature is unreadable

 

Many thanks for your help

 

Here is the attached file: cap.zip

Share this post


Link to post
Share on other sites

Hi there

 

Apologises for bumping, but please could someone please offer any advise to my previous posting

 

Many thanks

 

Kind Regards

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...