Urgent help needed please

[cookie1234]

I wonder if anyone can help me?

 

I have received a County Court claim form from Capquest (HL Legal & Collections) (issued 06/08/10) and I don't know what to do.

 

I have found some paperwork from Intelligent Finance (who the debt is with and the last letter I can find from them is dated 30th October 2003 in which it says that my "credit card jar has been cleared".

 

I have found some letters from Capquest and it looks like I made some payments to them in 2005-2006.

 

I haven't been advised by Intelligent Finance that they were transferring my debt. I will have probably paid Capquest as I did get in to bad debt some years ago and was probably frightened in to not paying.

 

Since 2006 I didn't hear anything from them until 2009 when they threatened me with legal action. I did not respond to the letter. In the same year I also got a letter from HL Legal Solicitors saying on 2007 that a statutory demand for bankrupty was sent to me (never received). Later that year I got another letter from Capquest saying that they would write off some of the debt and halved the amount owing (still can't afford it). Then in October 2009 I got a statement from them.

 

The County Court claim form is saying that Intelligent Finance assigned to Capquest on a date in 2005 and that a default notice was servced by Intelligent Finance (never received). They are seeking interest under section 69 of the county courts act 1984 at 8% pa and a daily rate of 0.29.

 

I don't know if there is anything I can do, as I really don't know if I owe this or not, but I know I need to reply to the CC claim form.

 

Can anyone help?

 

Cookie1234

[cookie1234]

Sorry but anyone please give me advice - I need to reply to the CCA today and post tomorrow, as my time is up.

[stikky62]

Sorry but anyone please give me advice - I need to reply to the CCA today and post tomorrow, as my time is up.

 

Do you mean you need to acknowledge service of the court claim today?

If so, you get 5 days for service of the claim form, then 14 days to acknowledge, so unless i'm wrong you have until the 25th to acknowledge service..

Until someone says otherwise (highly unlikely t.b.h) acknowledge the claim (online) and tick 'DEFEND ALL'

You'll then need to send a cpr31.14 request ( and possibly cpr part 18 ) to receive copies of the documents Capquest will need to rely on in court (cca, default notice, notice of assignment etc). Something like this::

Your address

Date

Their address

Dear Sir/Madam,

 

Re: xxxxxxclaimant v xxxxxxDefendant Case No:Your Reference:

Original Acc No:

 

CPR 31.14 Request and Important information disclosed for the benefit of this case

 

On xxxxxxdate 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 documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18.

 

(1) The agreement.

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 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 default notice.

 

I require the default notice which should have been served under Section 87 of the Consumer Credit Act 1974 to enables you take further steps to recover any alleged debt.

 

(3) The Legal Assignment

 

 

You will appreciate that I require proof of a legal assignment of this account which has complied with The Law of Property Act 1925.

 

(4) Proof of the amount claimed

 

I require you to provide proof that any amount claimed by you client is lawfully owed and not based on the fiction that unlawful defaults and interest added onto an account constitute a balance owed by me.

You should ensure compliance with your CPR 31 duties and ensure that the documents 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 versions to include an obligation to recover and preserve such versions 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.

 

This letter has been sent by recorded delivery ensure compliance within the timescale given. I look forward to hearing from you.

 

yours faithfully

xxxxxx

 

 

I'm quite new to this myself, but I expect that is the sort of advice you will get to start. Acknowledge the claim then lets see the legalities of what they are basing their claim on.

You will only have 2 weeks(ish) to get your defence in now if you 'defend all', and if you do send in the CPR 31.14 I doubt you'll get a response in time, so you will probably be looking at having to submit an 'embarassed defence' first time round.

 

Like I said though, I am new to this but this does seem to be the initial way of things. Hopefully a much wiser member will be along.

 

 

edit: bit of info here on cpr31.14 and part 18 > http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31-14-Confused-well-read-here

Edited August 22, 2010 by stikky62

[Karenza]

Hi Cookie 1234,

 

I assume you are defending the claim if so the first thing you need to do is go onto Money claim online and submit an acknowledgement of service, hopefully you are still within the time scale it should tell you on your claim form, its usually 14 days plus 5 after the service date so if its the 6th you should be okay, once you've done that you will need to consider a defence, have you any more info did you receive any default notice, notice of assignment etc,

 

Karenza

[cookie1234]

Thanks to both of you, didn't realise I had a few more days and I was panicking!

 

I have gone on-line and I have acknowledged know. So now I need to send a letter to HL Legal (is the right?) the claimant is Capquest, but the address for documents is HL Legal. Am I also right in thinking I need to send £10 with the letter?

 

I have read several threads, but to be honest I really need someone to guide me through it as I get a bit confused.

 

Also, will I have to go to court to defend, or can I do it by post?

 

Thanks

Cookie1234

[Karenza]

Hi Cookie 1234,

 

Now you have acknowldeged service send a cpr 31.14 request to HL Legal as stikky 62 has posted, make sure you post signed for and keep your postage receipts. No you don't need to send them any money for a cpr request, I assume when you ask about going to court to defend you mean having to submit a defence, this again you can do online the timescale for this is no later than 28 days after service of the claim. Its likey you will need to submit an embarrased defence as i doubt you will get a response from HL Legal before you have to file a defence,

Hope this helps

 

Karenza

[cookie1234]

Thank you so much - I'll keep you posted

[Karenza]

Your welcome, i will look out for you,

Karenza

[Karenza]

Cookie, don't forget to print of a recipt of your acknowledgement of service and keep it a file

Karenza

[cookie1234]

I've just realised that today is the 28th day from the 5 days after the date of issue. (06/08/10). I need to make a response but I've had no reply from the solicitors acting for Capquest. What do I need to do?

[Karenza]

cookie as you have not received anything in response to your CPR31.14 request you need to submit a holding/embarassed defence which you do online, you should be able to find a holding defence on here or the one below may help

 

 

1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2) It is Not admitted that I signed any agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

 

4) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing.

 

6) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

7) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxx

Defendant

xxxxxxx 2010

[cookie1234]

I've got a problem, I can't log on to moneyclaim.gov.uk. I have my user ID and the password but it won't let me go in. I've tried the helpdesk but no answer - what do I do - can I submit it in writing and post it tomorrow or am I too late?

[Karenza]

cookie what is the date on the claim form that came from the court, are you sure you haven't exceeded the timescale

[cookie1234]

The date is 6th August

[cookie1234]

Not to worry it's let me in today! I've submitted my defence. Thank you so much.

[cymruambyth]

By my calculations you have until the 8th. 6th plus 5 plus 14 plus 14. Phone the online support tomorrow and find out what has happened.

[cymruambyth]

Oooops, got distracted and didn't press the button!!!

[Karenza]

Hi cookie,

Pleased to hear from you and good to hear you managed to get on mcol today, as cymruambyth says call the online support tomorrow to check that it has been received okay, your dates sound okay,

Karenza

[cookie1234]

It was silly, I put in the correct user name and password but it wouldn't let me in on Sunday. Anyway it did yesterday and I have taken a copy of the defence that I have submitted. I'll ring the on-line support though just to make sure.

What will happen next?

[cookie1234]

Hi, can you help me again please, not sure what to do yet. I have received a letter today from HL Legal, with a copy letter to the court saying they wish to go ahead and would like it transferring to a local court. I still haven't had a reply to my letter requesting information - do I need to write to them again?

Thanks

Cookie1234

[debbbbsy]

If you have stated your intention to defend the case in full, it will now be transferred to your local county court. You should recieve an Allocation Questionaire. If you have not recieved the documents requested, your defence remains unchanged, when returning the AQ, inform the courts of HL's non-compliance to your CPR 31.14, and submit a "Draft Order Directions", the Judge will order them to comply.

You could also, send a letter to HL, address your issues, continuing this claim while failing to comply with your request, your intention to attend court & defend, and if they lose will be liable for your all costs, including yours. Advice them to discontiue the claim. Include this letter in your court bundle, if it goes to court, it will show that you made every effort to reslove this matter.

 

Debs

[spamheed]

You should make every attempt to obtain the documentation and ensure you retain all proofs of posting and obtain proofs of delivery. You cannot defend if you have never had any documents and the courts know this

 

By all means write reminding them of your request and ensure a copy of your letter is also sent to the court.

 

when you complete your Allocation Questionnaire you have the opportunity to ask for an order to disclosure of the documents, where there is a risk of their claim being struck out if they fail to disclose

[cookie1234]

Thank you to you both. Letters done and wil go and post them now recorded delivery.

[cookie1234]

Hi

I have sent the letter off again to Capquest and copied it to the court. I have received an allocation questionnaire which I must complete and return by the 1st November. What do I need to put in it? I would like it to be at a court nearer to my home, can I request this?

[cookie1234]

Well I've had a reply from Capquest (HL Legal) and they have copied in some documents. However, even though they sent it recorded delivery, the postman just posted and I didn't sign for it! Anyway, not sure what to do now. I've got until the 3rd Dec to contact them to try and resolve. They say that they didn't need to issue a default notice and have provided copies of payments I made in 2007. What do I do now?