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help please capquest !


cher69cher69
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Hi

I am hoping you guys can help me I just received a court Claim by capquest which was a debt to capital one.

Capital one sent me a letter back in August 2009 and its said the following:- we have sold your account to Capquest investments ltd who has appointed one of their group companies, Capquest Debt recovery ltd, to manage your account on their behalf. all contact regarding this account now to be directed to Capquest Debt recovery ltd.

 

I had an arangement with capital one and i thought that if i had an arrangement with them that was being paid then they could not sell my account, Is that right or am i wrong i am not sure about this now?

 

I got in touch in writing to capital one who ignored my letters so i carried on paying my payment as agreed to capital one, in the mean time i have had leters from capquest which i have ingnored up to now because i have had so much other stuff going on in my life that they came bottome of the list until now when a county court claim from capquest fell through my door at the beginning of this month.So i have made an acknowledgement of service online but nothing else yet because i dont know what to write as my defence.

Can anyone help please i am confused thank you !?!:-(

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Hi there anybody please help i am stuck on this one!

Just to add to the above i filed my acknowledgement of service online had till the 19th of november to do this. But i am worried about my defence because i said that i wanted to defend the claim do they automatically give you another 28 days to file your defence ? thank you cher69

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Help please ????

I am really sorry if i am going over old ground but i have a mental illness and canot think straight at the moment so i need someone to tell me what to put in my defence and should i send a letter to capquest asking for proof documentation etc. I have dealt with much more complex claims in the past on this site but at the moment i can hardly string a sentance together please help someone i am not a time waster than kyou cher69!!

Edited by cher69cher69
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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.

 

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Help please ????

I am really sorry if i am going over old ground but i have a mental illness and canot think straight at the moment so i need someone to tell me what to put in my defence and should i send a letter to capquest asking for proof documentation etc. I have dealt with much more complex claims in the past on this site but at the moment i can hardly string a sentance together please help someone i am not a time waster than kyou cher69!!

 

OK, it's good that you have acknowledged service - you need to do that.

 

It would help if you can post up the details of the claim, leaving out any amounts etc so we can see exactly what they have said.

 

What you need to do now is to send a cpr 31.14 letter to the solicitors.

 

The link is here:-

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

and the letter you need to send to the solicitors is this:-

 

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 courtlink3.gif.

 

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 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

 

[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

 

 

 

It is likely that they will not respond to this letter so you should also prepare an application to the court asking that they be ordered to disclose the information as shown here:-

http://www.consumeractiongroup.co.uk...=1#post1771008

This will cost you some money but you will get this back.

 

If you do not get a reply from the solicitors within 7 days then you need to make that application to the court.

 

It is too early to think about putting in a defence yet as you have not seen the agreement or had any notice of the assginment.

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in other words how do i write an application to court to get capquest to disclose these docs and will i get more time to prepare my defence.

 

I am sorry but rereading what i have written i sound really stupid, please believe me i am not normally this thick. It is very embarrassing asking all these questions especially when other people can just work it out for them selves which i could do normally. so i apologise again but i asssure you i am trying very hard to understand what you are tellling me. thank you

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Ok, that letter does not go the court, it goes to the claimants solicitors.

 

It is only if they do not reply after 7 days that you then need to think about making an application to the court.

 

It would be worthwhile sending them that letter and then a few days later give them a call and tell them that if you don't hear from in time then you will make an order to the court.

 

The application to the court is on a form called N244 and what you need to write is given here:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage&p=1771008&viewfull=1#post1771008

 

but you don't need to do any of that until the claimant has had his 7 days in which to reply to you

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Just thought i would let you guys know that if i dont respond to your posts for a few days it is because my mum died this morning and it has come as such a shock i really dont know what to do with myself. so sorry in advance thank you all for you help and advice Kind regards .Cher69

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Hi nicklea thankyou !! Was a bit worried because my date to file a defence is the 2nd of december so do i wait to see if they respond to my letter because they have until the 2nd of december which leaves it too late to file my defence unless there is something else i should do?????????? please advise thank you

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Ok, two things, can you post the POC leaving out any identifying details.

 

Secondly, it would be worth calling the claimants solicitors, tell them that you have sent a cpr 31.14 request and that they have not replied. Depending on what they say, then suggest to them that you will agree to give them another 14 days and that you will put in your defence 14 days after that. Then you MUST write to the court and inform them that you have agreed with the claimant to extend the date for submitting the defence under cpr 15.5. This gives you an extra 28 days.

 

If they won't agree to this extension then come back and we'll try and sort out a quick defence.

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Hi nicklea have posted up my POC on next page i think i have also had a go a writing my defence by picking out bits of othe peoples and i have posted it on here would you take a look and let me know if its okay or suggest what i should write thankyou and itis the 3rd the last day for my defence i got the date wrong. thankyou cher69

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Hi Nicklea this is what i copied for my defence can i use this ????

CLAIM NUMBER In The Northampton County Court

CLAIMANT (CAPQUEST INVESTMENTS LTD) DEFENCE

1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant on strict proof thereof.

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

3. The claimants’ particulars of claim 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;

1. 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 default notices issued or any other matters necessary to substantiate the claimants claim.

2. 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.

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

4. Consequently I deny all allegations on the particulars of claim and do not know what case I have to meet

5. Further to the case on the 5th of November 2010 I requested the disclosure of information pursuit to the Civil Procedure Rules which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default, termination or assignment notices. A breakdown of all fees, charges and interest which has been added to the account. Alleged repayments by myself to the original creditor. Also any other documents the claimant seeks to rely on.

6. To date the claimant has ignored my request under the CPR which was sent on the 5th and the 24th of November 2010. As a result it has proven difficult to compose this defence without disclosure of the information requested.

7. In view of the matters pleaded above I respectfully request that the court gives consideration to whether the claimants’ statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or fails to comply with CPR part 16.

8. Alternatively I respectfully request that if the claimant does not comply with the request outlined above within 7 days then the claimants statement of case should again be struck out. Because without the evidence that these documents exist I can not fully prepare a particularised defence and counterclaim. If the claimant does comply and produce such documents within 7 days then I would seek the courts permission to grant me extra time to amend my statement accordingly.

Statement of Truth

I believe the above statement to be true and factual

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Ok thanks for doing that. To be honest, the embarrassed defence is generally not a good idea. Have a read here for the reasons why:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrased-Defences-and-the-problems-with-them.

 

I'll put something together before I go off to work this afternoon that should help you

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