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Help got a court letter from Capquest HL from Capital One


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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?

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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

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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

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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.

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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.

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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.

 

 

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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

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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

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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.

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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:

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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

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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

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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.

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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

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  • 5 months later...

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

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