Capquest & Northampton Claim form

[tanner1975uk]

Hi all, Just after a little assistance, i have received a county claim form from Capquest on a Shop Direct account. I have completed the AOS and have a CCA printed out and ready to send. I'm basically after a little assistance with the CPR 31.14 process as i am unsure what documents i need to request, i have provided the POC as per below and would be grateful of any assistance.

 

 

'Part only of monies due under regulated credit agreement number ******** between Shop direct financial services and the defendant the benefit of which was assigned to the claimant on 17/11/2010

The agreement terminated upon the defendant(s) failure to comply with the terms of the agreement.

The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

 

any payments or queries should be directed to the claimant on: 0844 248 9091 (phone) or 0844 248 8999 (fax) or email [email protected]'

[tanner1975uk]

Apologies i'm not sure why all the spacing and paragraphs have disappeared, have tried to edit but comes out the same!

[DonkeyB]

Interesting – only part of monies due, so a potential abuse of process. How much are they claiming, and what is the actual balance on the account?

 

You don’t need to do a CCA request as it will be part of the CPR letter.

 

The documents you are requesting are the credit agreement, notice of termination and proof of assignment to Capquest (Notice of Assignment).

 

Can you give us some more history on the account. ie. what type it is, when opened, problems with it, why defaulted, balance, etc? Have you received a letter before action?

[tanner1975uk]

Interesting – only part of monies due, so a potential abuse of process. How much are they claiming, and what is the actual balance on the account?

 

You don’t need to do a CCA request as it will be part of the CPR letter.

 

The documents you are requesting are the credit agreement, notice of termination and proof of assignment to Capquest (Notice of Assignment).

 

Can you give us some more history on the account. ie. what type it is, when opened, problems with it, why defaulted, balance, etc? Have you received a letter before action?

 

Oh ok thought CCA & CPR had to be done but one less thing to worry about. It was a standard catalogue account (littlewoods etc) that was opened online, defaulted due to other priorites to be honest, i'm unsure what the actual balance should be as it's a good 2 to 3 years old however they are claiming for £299.99 plus £15 court fee and £50 solicitors costs. There were a few letters from Capquest prior to court papers but being who they are i didn't really pay them too much attention and they went in the shredder..

[DonkeyB]

I suggest you check your credit file to see what the level of the debt is.

 

It’s best never to throw stuff like that away!

[tanner1975uk]

I suggest you check your credit file to see what the level of the debt is.

 

It’s best never to throw stuff like that away!

 

My credit report states the default balance is £251, and current balance is £404

[DonkeyB]

That’s strange. But it seems they are suing for a lower amount to keep their costs down, perhaps (it would cost more to issue a claim over £300, I think). The fact that they are trying to save a few quid implies they think you are stupid, or they don’t hold much hope of winning their case.

 

Looks like interest has been added, which you can only ascertain from the agreement.

 

Get your CPR request in asap.

[tanner1975uk]

Just cannot get a post formatted on here from my works pc, i shall post again from home later on, thanks for all of your help so far.

Edited April 12, 2013 by tanner1975uk
Formatting

[tanner1975uk]

How does the draft CPR below look?

 

 

 

Dear Sir,

 

***CPR 31.14 Request***

 

On 02/04/2013 I received the Claim Form in this case issued by you out of the Northampton County Court, Claim No. XXXXXXXX.

 

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 Credit 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

 

3. Notice of Termination

 

4. Notice of assignment from yourselves and the original creditor.

 

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,

Edited April 12, 2013 by tanner1975uk
Remove personal information

[DonkeyB]

Remove your claim number from that! It can identify you.

 

Otherwise looks OK.

 

You don’t actually have to state you intend to defend – what would your defence be at the moment? You are simply making a statutory request.

[tanner1975uk]

Remove your claim number from that! It can identify you.

 

Otherwise looks OK.

 

You don’t actually have to state you intend to defend – what would your defence be at the moment? You are simply making a statutory request.

 

 

Ok have removed the claim number thanks, i have taken out the defence part leaving it as below, better?

 

Dear Sir,

 

***CPR 31.14 Request***

 

On 02/04/2013 I received the Claim Form in this case issued by you out of the Northampton County Court, Claim No. XXXXXXXX.

 

I confirm i have returned my acknowledgment of service to the court.

 

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 Credit 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

 

3. Notice of Termination

 

4. Notice of assignment from yourselves and the original creditor.

 

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,

[tanner1975uk]

DonkeyB would you say this is good to send now?

[AndyOrch]

I would advise making a separate request for the agreement by way of a Section 78 request (CCA)...they are not at liberty to respond to a CPR 31.14 request...but they are with a section 78 request.

 

Regards

 

Andy

[tanner1975uk]

I would advise making a separate request for the agreement by way of a Section 78 request (CCA)...they are not at liberty to respond to a CPR 31.14 request...but they are with a section 78 request.

 

Regards

 

Andy

 

Hi Andy, thanks for your input i shall do that. Do you think the wording of the CPR 31.14 is ok?

[AndyOrch]

Yes its fine...whether they respond is another question but on point 4 only one of the parties have to serve the NoA.

[AndyOrch]

As the debt is an assignment and assuming you have not acknowledged the assignment its important to head your section 78 request with:-

 

" I do not not acknowledge any debt with your Company "

[tanner1975uk]

As the debt is an assignment and assuming you have not acknowledged the assignment its important to head your section 78 request with:-

 

" I do not not acknowledge any debt with your Company "

 

Thanks again, i have amended the CPR as per your comments. Once the CCA & CPR have been sent off whats the course of action from there on?

[AndyOrch]

That was just for the CCA request Tanner...makes no odds on the CPR 31.14.They have 12+ delivery time to respond to the Section 78 request if they decline they are in default and cannot enforce until its disclosed.

They are not at liberty to comply with your CPR 31 request...its a civil request...they may /may not.

 

Just keep your eye on the dates now and make sure your defence is submitted by the date.

[tanner1975uk]

Thanks again for all your help so far chaps, CCA & CPR both sent by recorded delivery so i shall report back with any response received.

[tanner1975uk]

Have received a response from Capquest as below.

 

"we confirm receipt of your letter dated 10 April 2013. We are currently liasing with Shop direct financial services in an effort to obtain copy documentation. Once we are in receipt of this we will forward it to you. In the meantime we have instructed our solicitors to stay our claim meaning that whilst we investigate this matter further no further legal action will be taken"

 

As of yet i haven't submitted a defence, considering the above response do i still need to do this?

[AndyOrch]

Yes Tanner submit a defence by the required date irrespective...they can still stay the claim but they cant get judgment by default if entered.

 

Andy

[tanner1975uk]

Thanks Andy, is there any kind of template for a defence or some guidance somewhere as I've never had to submit one before.

[AndyOrch]

Unfortunately not but there are many holding defences within the legal forum that you can adapt...all defences are unique to the defendants situation.

[tanner1975uk]

Unfortunately not but there are many holding defences within the legal forum that you can adapt...all defences are unique to the defendants situation.

 

 

Hi Andy, you have been great and your help is invaluable.

 

I have found the below defence from one of your older posts and was wondering whether this was indeed suitable to use or whether you could recommend any changes to it.

 

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.

[AndyOrch]

I think you can go a bit more particular than that:-

 

Particulars of Claim :-

 

1.Part only of monies due under regulated credit agreement number ******** between Shop direct financial services and the defendant the benefit of which was assigned to the claimant on 17/11/2010

2.The agreement terminated upon the defendant(s) failure to comply with the terms of the agreement.

3.The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07

 

DEFENCE

 

1. Paragraph 1 is accepted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with Shop Direct Financial Services but is unaware of any assignment or balance or partial monies outstanding to the Claimant.

Furthermore any claim for partial monies are Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

2. Paragraph 2 is denied with regards to termination of the alleged contractual Agreement having never received a Default Notice the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 3 is denied the Claimants are denied charging interest as they have failed to supply an annual Notice of Arrears pursuant to the CCA 2006 amendments.

 

The Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant having previously requested by way of a section 78 request to which they have failed to comply and remain in default; and

(b) show how the Defendant has reached the amount claimed for and define what and why "part monies" are being claimed ; and

© show how and provide proof of a Default Notice/Termination Notice being served;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.The Claimant/Assignee has failed to serve a Notice of Assignment

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

Check for accuracy and detail/contents and then copy and paste into MCOL and print your receipt of submission.

 

Regards

 

Andy