claim form issued from capquest

[Guest]

don't worry. i was just mentioning a legal rule that allows you to request a copy of any documents that they mentioned in their claim form eg, the alleged agreement, notice of assignment etc. see here for eg http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

aside from statute bar, if they don't have the proper docs, and/or their claim is frivilous, then their claim may not progress. but, if it is statute barred then that will defeat their claim anyway.

no rush atm, wait and see what jasper/ims etc suggest.

Edited December 29, 2011 by Ford

[Jasper1965]

Send a copy of this by email to : queries@capquestco.com and print out a copy and send it to

The Compliance Manager

CapQuest Group

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

 

 

Formal complaint concerning intimidation, threatening behaviour and harrassment.

 

Sir on 29th December 2011 at approx xxpm a representative from your company telephoned my home number and spoke with my xx year old autistic daughter. The representative threatened me through my daughter, this repulsive and unlawful behaviour has left my daughter distraught and myself extremely angry and upset.

 

I take this as a deliberate attempt to intimidate me which has been grossly exacerbated by the fact that your representative spoke with somebody who is not only vulnerable, a minor but someone who is in no way connected with this matter.

 

It is likely that by threatening me thus your representative has committed a criminal offence under the Protection from Harrassment Act 1997, it is beyond doubt that in communicating my business to my daughter your representative has breached the Data Protection Act 1998 and the various codes of conduct you claim to follow besides the OFT guidance on debt collection.

 

I now have no option but to lodge a formal complaint about Capquest with my local police force, I shall also now be contacting the relevant regulatory authorities by means of formal complaint about not only this latest episode of inappropriate behaviour but your persecution of me including but not limited to the litigation you have recently raised against me.

 

I require from you the following information forthwith in order that I may accurately lodge an allegation of harrassment with the Police:

The full name of the representative who telephoned this afternoon and spoke with my daughter.

 

Take notice that you are on no occasion or for any reason to attempt to telephone me on any number you might hold for me, any attempt at telephoning me will be construed as further harrassment and reported as such.

 

Any communication must be in writing only!

 

Since you have instigated litigation against me I fail to see what benefit you might gain from telephoning me anyway, I am very happy for the County Courts to handle the matter.

 

You will find that I have already both acknowledged the claim and filed a defence.

 

For the avoidance of doubt:

 

I hereby aver the account to be statute barred by virtue of sec 5 of The Limitation Act 1980 and further state that I am unwilling to make any payment towards any alleged balance on a voluntary basis to capquest or any agent capquest employs.

 

It will now become a further reportable breach of the OFT guidance on debt collection if Capquest or any party working on behalf of Capquest contacts me in any way about this alleged debt.

 

I suggest you instruct all your staff not to contact me until the current Court ptoceedings are concluded at which time I fully expect the Court to order you never to contact me again save with a cheque for wasted costs.

 

emidan xx

 

 

 

 

 

 

 

 

You might also want to file a complaint via consumerdirect in fact you can complain to the OFT, FSA, ICO, police, the CSA too it depends how angry they've made you with this cowardly odious behaviour.

 

 

As for your defence I suggest if you are not 100% sure what you've done that you send a copy by mail just to be on the safe side.

 

As for relevant documents.... Well you are entitled to a copy of the following under CPR 31.14:

 

the regulated agreement,

statutory notice of default,

the assignment (proof it was made anyway).

 

Under Part 18 you can ask them anything you want that's relevant eg.

1 What was the date of the last payment made towards this account.

2) Have Capquest at any time since July 2005 received either a payment or written acknowledgment that a debt exists signed by the defendant?

3) Do you have proof that any payments were made to Midland Bank PLC after 1998 and prior to the assignment? If so who made these payments and what account were they drawn from?

4) Did Capquest comply with Pre Action Protocols prior to litigating?

5) Can Capquest supply statements for the entire period 1996-2011 to prove that the amount claimed is lawfully composed?

6) Can Capquest confirm that the regulated agreement mentioned in the POC ever existed?

7) Can Capquest confirm that the regulated agreement mentioned in the POC is enforceable under the CCA 1974?

8) Prior to litigating did Capquest at any time have sight of any of the documents mentioned in the POC namely the regulated agreement and the default notice?

9) What was the date of issue, default sum and remedy date of the default notice issued that is mention in the POC?

 

You get the gist.....

Edited December 29, 2011 by Jasper1965

[Jasper1965]

Whoops clicked the wrong one!!

 

meant to add:

 

It's highly unlikely these docs will be needed but a request will cost you one stamp and if nothing else shows them you mean business and ramps up your hours for an LIP wasted costs claim

[emidan]

thanks jasper i will do that letter now the only contact i had wwas with a company called link last june and they kept phoning my mobile when i took out a contract one god knows how they got the number and they kept asking for me in my maiden name fraid to say i just hanged up. then i sent all letters back as not known at this address as it had my maiden name on then i get claim form in my maiden name then aka and my married name. i just wish it wasnt happening i cant deal with it all. if it wasnt for the kids i think i would walk out and never come back. sorry i'm going on

so how would i go about asking for that info i dont know where to start

Edited December 30, 2011 by emidan

[emidan]

thank you to everyone who is trying to help i really really appreciate it

[Guest]

perhaps give the court a quick call sometime to check what's been done? ie has what you submitted been recorded as your defence

[Guest]

........so how would i go about asking for that info i dont know where to start

 

see the link i just posted

and also for eg http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

there's no rush on this request atm, try not to worry.

Edited December 30, 2011 by Ford

[emidan]

court recieved defence what do i do now

[ims21]

court recieved defence what do i do now

 

Have you read the link on post #32?

 

ims

[citizenB]

what do i do now capquest keep phoning 8 phonecalls to date and that is just today

 

court recieved defence what do i do now

 

As they have started litigation, then I fail to see why they are phoning and certainly not as many times as they have. The letter drafted by Jasper earlier is good and should most certainly be sent to the solicitor.

 

As you have submitted your defence, then there is very little you can do other than to gather as much information that supports your claim by way of the links you have been provided with.

 

If the claimant wishes to test their luck, you will next hear from your LOCAL court with an allocation questionairre to be completed. We can help you with that.

 

The claimant has 28 days from the date you submitted your defence to advise if they want to take the claim further. But from what you are saying, I rather suspect it wont get that far.