Court Summons CAPQUEST - ABBEY

[onestressedwoman]

Well hey

 

Court summons recieved this morning - In relation to matter thats meant to being dealt with by rep what a joke !!!!!!!!

 

Summons in relation to bank charges totalling £299 oh thats before court costs £364.99

 

As this account was in dispute how has it been accepted by the court where do I go from here

 

As account in dispute surely they should not have been able to log this with a court

 

Advice PLEASEEEEEEEEEEEEEEEEEEEEEEEEE...........

 

Going on holiday in 12 days have to get this sorted by then otherwise I'll miss my deadline

 

Never rains but it pours

 

OSW

[silverfox1961]

I'm going to move this thread to legal issues as you will get more help there than here

[AndyOrch]

Hi OSW

 

Simply AoS (i Assume its MCOL ) Northampton online and defend all.Then enjoy your Holiday and resume when you return:razz:

 

Regards

 

Andy

[Ganymede]

Well hey

 

Court summons recieved this morning - In relation to matter thats meant to being dealt with by rep what a joke !!!!!!!!

 

Summons in relation to bank charges totalling £299 oh thats before court costs £364.99

 

As this account was in dispute how has it been accepted by the court where do I go from here

 

As account in dispute surely they should not have been able to log this with a court

 

Advice PLEASEEEEEEEEEEEEEEEEEEEEEEEEE...........

 

Going on holiday in 12 days have to get this sorted by then otherwise I'll miss my deadline

 

Never rains but it pours

 

OSW

 

 

 

Log on and acknowledge the claim firstly.

 

Secondly the court will not know the accoutn is in dispute, how would they? The court just get the claim form and cheque from the Claimant and issue!

[AndyOrch]

Log on and acknowledge the claim firstly.

 

Secondly the court will not know the accoutn Account is in dispute, how would they? The court just get the claim form and cheque from the Claimant and issue!

 

 

Is there an echoe in here?

[onestressedwoman]

Andy

 

Simply AoS (i Assume its MCOL) was Northampton CCBC

 

Might sound a bit thick but don't know what AoS means ?MCOL

 

Will log on and acknowledge claim as defend all - will they then set new date or will I need to send dispute letter to Capquest

 

Been trying to get Rep ha ha to phone me back for 7 days

 

smiles and good vibes to all you knowledgable folks lol

 

OSW

[onestressedwoman]

Hi OSW

 

Simply AoS (i Assume its MCOL ) Northampton online and defend all.Then enjoy your Holiday and resume when you return:razz:

 

Regards

 

 

 

 

Andy

 

 

Dear Andy and all

 

 

Oh dear I'm as thick as two short planks lol

Acknowledgement of service lol Money claim online

 

So once I make AOS then what do I need to do ? how much time will this give me because if its 14 days then I'm not here - should I do SAR to CAPQUEST

At what stage do I inform them account is in dispute due to "unlawful charges" I pressume ? Would this be to court or capquest/abbey ?? Or all of them?

 

All of summons is charges due to them not cancelling my direct debits as instructed then they just kept adding £35 a time but as I don't have the paperwork I'm stuck

 

OSW

[cymruambyth]

Hi timing wise it is 5 days AOS then +14 and + 14 if you are defending the whole amount. You must place a defence within this time scale or they will get a judgement by default. I would send SAR to the bank as they will have all the paerwork, not Capquest

[onestressedwoman]

Thank You Cymru

 

So if I do Aos Monday as defend all then I've got 28 days in which to send SAR - and to file defence ? takes me to the 11th October ? only coming back on 8th

 

If I issue SAR haven't they got 40 days to respond? Does that extend the timeline ?

 

Do I have to get a form to file my defence on from the court - If I can get it on Northhampton court website what do I need to write ?? Account in dispute due to unlawful charges ?? I have to do this then before recieving SAR info ?

 

Is it at this point I get my timeline extended awaiting response to SAR ?

 

If I am sending SAR to bank then send to head office or collections ?

 

I'm Flaffing now !!! Stressing myself out my lord and this was meant to be a time to relax myself and recuperate fat chance of that :|

 

OSW

[AndyOrch]

Hi OSW

 

Ok this is the process once a summons is received you have 33 days in total.

5 deemed served leaving 28 days.14 to AoS and a further 14 to submit a defence if your plea was to defend all.

 

2 things i advocate as soon as one receives a summons:-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 Request a copy of the agreement (CCA) cost £1.00

 

2 CPR request to ascertain information the Claimant relies upon. cost £ nil

 

 

You can submit your defence on line through MCOL

 

A SAR request once litigation as commenced may be beneficial later in the case but you may have to wait 40 days for a response.cost £10.00

 

Regards

 

Andy

[onestressedwoman]

Andy

thank you !

 

So I will acknowlegde on Tuesday

 

Date on claim form 7th September so gives me till 4th October i'm away from 23rd - 7th October so I have to do this all before I go ? errrrrrrrrrr.....

 

On Tuesday also send CCA request to Address for sending documents to on Claim Form ? and CPR Part 18? request to them at the same time

 

Defence form to be filled in online stating account is in dispute due to unlawful charges levied ? How do you appropriatly word this is there anything else I should mention. Dependant on if template letter below extends the deadline ???

 

Obviously they will need time to copy CCA & CPR to me thus moving me past 7th October ?

 

Will a date then be set for hearing ?

 

Thanks for all your help I really need it !

 

 

OSW

 

Andy just reading through to find a CPR request template and foudf this http://www.consumeractiongroup.co.uk/forum/showthread.php?195201 If this is appropriate then it seems that it would extend my time in which to file a defence - If so do I phone the court and make them aware ?

 

Also reading the POC is reads

 

Part only of monies due under regulated credit Agreement No.

Between Abbey and the defendant the benefit of which was assigned to the claimant on (DATE) The agreement terminated upon the defendant/s failure to comply with the terms of agreement and / or statutory notice of default served by Abbey

The claimant seeks interest etc...

 

What does it mean Part only ? Benefit which was assigned to claimant so has this been sold to capquest ?

 

If I have pulled up wrong CPR request te,plate please point me in the right direction - CCA request can be simply DEAR DCA please can you provide me with CCA in regards to my name address and court claim number ? yours OSW

 

 

 

 

What does it mean Part only ?

Edited September 12, 2010 by onestressedwoman

[AndyOrch]

Andy

thank you !

 

So I will acknowledged on Tuesday

 

Date on claim form 7th September so gives me till 4th October i'm away from 23rd - 7th October so I have to do this all before I go ? errrrrrrrrrr.....afraid so

On Tuesday also send CCA request to Address for sending documents to on Claim Form ?No CCA request to the Claimant and CPR Part 18?To the Sols named on the summons request to them at the same time Separate

 

Defence form to be filled in on line stating account is in dispute due to unlawful charges levied ?No because you will not have a response I would advocate a short holding defence How do you appropriately word this is there anything else I should mention. Dependant on if template letter below extends the deadline ??? Due to the time frame and holiday we cant await response

Obviously they will need time to copy CCA & CPR to me thus moving me past 7th October ? Does not matter hence holding defence

 

Will a date then be set for hearing ? Copy of your defence will be forwarded to the Claimant they have 28 days to respond ie proceed or the claim will be stayed

 

Thanks for all your help I really need it !

 

 

OSW

 

Andy just reading through to find a CPR request template and foudf this http://www.consumeractiongroup.co.uk/forum/showthread.php?195201 If this is appropriate then it seems that it would extend my time in which to file a defence - If so do I phone the court and make them aware ? You can request extension from the Claimant and Court but time is tight so I would take the route I advise and proceed with the timetable

Also reading the POC is reads

 

Part only of monies due under regulated credit Agreement No.

Between Abbey and the defendant the benefit of which was assigned to the claimant on (DATE) The agreement terminated upon the defendant/s failure to comply with the terms of agreement and / or statutory notice of default served by Abbey

The claimant seeks interest etc...

 

What does it mean Part only ?They are splitting the claim which is a no no Benefit which was assigned to claimant so has this been sold to capquest ? Allegedly make sure the CPR includes request for NoA (Notice of Assignment)

If I have pulled up wrong CPR request te,plate please point me in the right direction - CCA request can be simply DEAR DCA please can you provide me with CCA in regards to my name address and court claim number ? yours OSW

No it has to be in the right format see templates lib letter N and head it I do not acknowledge any debt with your company

 

 

What does it mean Part only ?

splitting the debt

Regards

 

Andy

[AndyOrch]

CPR 18 is the correct request OSW

 

Again print name recorded delivery retain receipt.

 

Andy

[onestressedwoman]

Andy

 

Trying to get into template letters in the Library but every time I click on link any link it keeps taking me back to the Library page ???????

 

So nervous feel like I am not going to get this done in time !

 

Every word I type is spelt wrong:-x

 

Claimant on claim form is capquest so CCA to them

 

CPR Part 18 Titled I do not acknowledge any debt with your company - to address for correspondance with NOA included in this letter WHEN I FIND IT

 

Splitting claim a No No ? Not allowed in law or trying to pull a fast one and get me to court and then amend the particulars of claim ?

 

Short holding defence ? CPR Part 18 request sent and delivered on **** due to timeframe and holiday we cannot await a responce ? (please allow extra time to recieve response so defence may be filed )

 

If these letters go off tomorrow then delivered on wednesday then 7 days on, thats if I get it time, is the 22nd day before I fly Jesus talk about cutting it fine ! And heres me thinking I was going to pack the kids sutff in peace some hope and no hope !

 

I feel as if I am totally thick

 

Oh Lordy Miss Claudie !

 

OSW

[AndyOrch]

Andy

 

Trying to get into template letters in the Library but every time I click on link any link it keeps taking me back to the Library page ??????? Creditors and DCAs - Letter Templates & Budget Planner Letter N

So nervous feel like I am not going to get this done in time !

 

Every word I type is spelt wrong:-x

 

Claimant on claim form is capquest so CCA to them Yes

CPR Part 18 Titled I do not acknowledge any debt with your company No!!!!!! CCA headed - to address for correspondence with NOA/Default Notice / CCA/ Statements /Termination Notice included in this letter WHEN I FIND IT

 

Splitting claim a No No ? Not allowed in law or trying to pull a fast one and get me to court and then amend the particulars of claim ? How much is the claim how much is the original debt?

Short holding defence ? Ill post you one shortly CPR Part 18 request sent and delivered on **** due to time frame and holiday we cannot await a response ? (please allow extra time to receive response so defence may be filed ) Just post the CPR request dosent matter if they respond or not as you will be submitting your defence before you go

If these letters go off tomorrow then delivered on Wednesday then 7 days on, thats if I get it time, is the 22nd day before I fly Jesus talk about cutting it fine ! And heres me thinking I was going to pack the kids sutff in peace some hope and no hope !

 

I feel as if I am totally thick

 

Oh Lordy Miss Claudie !

 

OSW

 

Regards

 

Andy

 

Back shortly with DEefence and CPR

[AndyOrch]

Hi OSW

 

I surmise your claim is for less than 5K and therefore we anticipate that it will be SCT ( Small Claims Track ) therefore send the following instead of CPR 18 if so.

 

Dear Sir,

 

***CPR 31.14 Request***

 

On (date)I received the Claim Form in this case issued by you out of the (Name) county court. Case No.

 

I confirm having returned my acknowledgment 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. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date

 

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 documents' 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 Sincerely,

[AndyOrch]

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. The defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. On receipt of the claim form the defendant sent a request by way of CPR XXXX, for a copy of the agreement which forms the basis of this claim.

 

5.. It has been confirmed via the Royal Mail Website taat this request was received and signed for on DATE XX. However, no response has been received from the Claimant.

 

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

 

7. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim and the documents requested.

If you want to you can print off an extra copy of the defence (you must print a copy for yourself anyway) and send a copy to the solicitor along with the following letter.

 

 

 

Dear Sols

Claim number : From court form

Claimant v OSW

 

 

Herewith copy defence by way of service, the same having been filed with the court.

Please serve amended particulars of claim and plead your client's case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided.

 

Yours etc...

[onestressedwoman]

Oh Andy THANK YOU

 

Will Do this all first thing in the morning what would I have done with out you !

 

In answer to your question about original sum of debt I am embarrassed to say I have no idea all I can tell you the account was in order with no debt until they failed to cancel direct debit all charges thereafter is debt !

 

So I know for sure that the claim is totally made up of charges

 

You are definately a life saver mwah !!!!!!!!!!!!

 

I'll add to the thread tomorrow when I have sent doc's CCA & CPR

 

Then shall I wait 7 days to send defence or send shortly after confirmed recieved by recorded delivery.

 

In CPR I cannot see NOA/Default Notice / CCA/ Statements /Termination Notice request details - but pressume the requests are in jargon that is beyond my capability of understanding lol

 

Going to need your help again once the CPR comes back hey - sorry ! Need you to hold my hand !

 

Think it's going to be your help thats going to make me relax on holiday

 

Smiles

 

OSW

[AndyOrch]

CCA and Statements are there 1&2 just add 3. Defaut Notice & Termination Notice 4. Notice of Assignment from yourselves and the Original Creditor.

You will submit your defence at the last passable moment.

 

Regards

 

Andy

[AndyOrch]

Sorry about any Typos OSW apparently im not allowed to edit my posts:-(

[onestressedwoman]

Thanks Andy ! back to you tomorrow OSW

[onestressedwoman]

Andy

 

AOS filled in online - CCA CPR sent off recorded delivery

 

Question - on defence letter there are two blanks to fill in one clearly for the date signed for the other says CPR XXXX is this part 18 or part 31.14 ?

 

Here's hoping that doc's not recieved by Wednesday ! If the documents are sent while I'm away I won't be here to recieve them ??

 

I'll have to bring you back a bottle of ouzo and pour it through internal mail lol x

 

Smiles

 

OSW

[AndyOrch]

Andy

 

AOS filled in online - CCA CPR sent off recorded delivery

 

Question - on defence letter there are two blanks to fill in one clearly for the date signed for the other says CPR XXXX is this part 18 or part 31.14 ? 31.14

 

Here's hoping that doc's not recieved by Wednesday ! If the documents are sent while I'm away I won't be here to recieve them ?? Be too late anyway as you will be submitting your defence before you go

I'll have to bring you back a bottle of ouzo and pour it through internal mail lol x:lol:

 

Smiles

 

OSW

 

 

Regards

 

Andy

[onestressedwoman]

be back to you next week then before we go - can't thank you enough x

[onestressedwoman]

Hello Andy

 

Recived acknowledgement of reciept informing me CCA request is going to be sort from Abbey ? Now heres me thinking they should have it already

 

Smiles

 

OSW