Capquest/? Claim form - old Orange Mobile debt

[carling1980]

Hi,

 

Hope someone can help.

 

I received a county court claim form dated 27th of june in relation to a £250 debt which I assume is to do with an old orange contract dated 2009 as the only other orange contract I have is up to date, the contract it's self was a 30 day rolling contract which was cancelled in 2009 by me but I don't remember ever owing anything on it, in may 2013 I received an unexpected letter from capquest stating I owed £250 and that they where acting on behalf of orange, it also stated that 30 day to respond or they where going to start court proceedings which I was really shocked as I have never had any dealing with capquest verbally or written and have received no letters from orange since 2009 when I cancelled the 30 days contract, I have moved 3 times since 09 so they could have written to my old address.

 

Being suspicious of debt I wrote to capquest in may after receiving the first letter to ask them for more details to see how this debt occurred and what it was for, I also requested copy of the contact this debt relates to see if I was actually liable for this amount before I agreed to paid anything and proof that they where indeed acting on behalf of orange and not trying to [problem] me, as of now I have yet to receive a response from them.

 

I don't know where to go from here as the court letter is asking me if I accept or disagree with the claim with the claim, I have the money and I am willing pay the debt and court costs just so long as I know I am actually liable for the debt and I am equally willing to defend myself if I am not, the only problem is I don't know how this debt occurred and capquest won't tell me and orange refuse to speak to me (even though my current contract is orange)

[unclebulgaria67]

You are entitled to receive proof of their claim, so I would suggest that you acknowledge the claims form online and that you will be defending in full. I believe that you have 14 days to acknowledge and then 14 days to enter a defence.

 

Can you post up what their particulars of claim says and then hopefully someone will come along over the next few days to tell you what letter you need to send to CapQuest to obtain the information you need. There is no panic here, as you have time to deal with this. Over a nice weekend like this, you might not get a response about the letter you need to send.

[carling1980]

Particulars of claim:

Part of the balance outstanding under a contract made between orange and the defendant for supply of mobile telecommunications services by orange to defendant number the benefit was assigned to claimant on 23/09/11. The agreement was terminated by orange upon failure to make payments due under the contract. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the of 8% per annum from date of issue continuing at the daily rate of 0.07

 

I have also checked my credit record today on Equifax to try and shed some light on it and I am gutted to see that capquest has put a default notice there is there anyway to remove this asI have never ever received a default notice from orange or capquest.

[citizenB]

 

 

Particulars of claim:

 

Part of the balance outstanding under a contract made between orange and the defendant for supply of mobile telecommunications services by orange to defendant number the benefit was assigned to claimant on 23/09/11. The agreement was terminated by orange upon failure to make payments due under the contract. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the of 8% per annum from date of issue continuing at the daily rate of 0.07

 

 

 

 

I have also checked my credit record today on Equifax to try and shed some light on it and I am gutted to see that capquest has put a default notice there is there anyway to remove this asI have never ever received a default notice from orange or capquest.

 

 

Righto you have a timeline to adhere to.

 

Date of issue 27th June + 5 days for service = 2nd July + 14 days to acknowledge claim = 16 July + 14 days to submit defence = 30 July.

 

So they have had this account since 2011 - did you receive any notice of assignment from CQ ?

 

The default placed on your credit file - is this an update of one that had been placed there by Orange or is this a brand spanking new, never before seen default marker..?

[citizenB]

I am rather puzzled. You say you have a current contract with Orange which is up to date.

 

I am finding it hard to believe that Orange would allow you to enter into 2nd contract if there was an outstanding balance on a previous one !

 

You recall having a 30 day rolling contract around 2009 - I don't quite understand what one of these is.. Am I correct in thinking that this is a contract that can be cancelled after 30 days - if it isn't it is automatically renewed for the next 30 days and so on ?

 

How was it paid - by Direct Debit - standing order, or did you give them your debit / credit card details ?

 

How do you believe you cancelled this contract by telephone or email ?

[carling1980]

I am rather puzzled. You say you have a current contract with Orange which is up to date.

 

I am finding it hard to believe that Orange would allow you to enter into 2nd contract if there was an outstanding balance on a previous one !

 

You recall having a 30 day rolling contract around 2009 - I don't quite understand what one of these is.. Am I correct in thinking that this is a contract that can be cancelled after 30 days - if it isn't it is automatically renewed for the next 30 days and so on ?

 

How was it paid - by Direct Debit - standing order, or did you give them your debit / credit card details ?

 

How do you believe you cancelled this contract by telephone or email ?

 

Hi citizenb,

Thanks for the response

 

Don't know what 'a notice of assignment' is The only letter I received from capquest was the one in May 2013 from their solicitor saying I had x amount of time to pay or they would seek a judgment, but I have moved homes 3 time and been in temporary accommodation since 2009.

 

It was a sim only contact with no fix term all I had to give was 30 day notice which I did by phone, think it was paid by direct debit.

 

I actually have 2 24-month contracts with orange, mine that I took originally out in 2010 then renewed 2012 and my daughters I took out in 2012.

 

I have never had an issue with credit so I have never checked my credit report until this morning when the court letter came, on the report it says 'default from capquest investment limited' there is no reference to orange, the default date 5/11/09 updated 14/11/11.

Edited June 29, 2013 by carling1980

[citizenB]

Ok, thanks for this.

 

IMHO, I would simply deny that there is a liability due. But hold fire until one of the more legally aware people pop in. You have a fair bit of time and I have sent out S.O.S on your behalf.

 

A Notice of Assignment is just a letter/notice advising that Orange have sold on a delinquent account to a 3rd party. Either Orange or CQ can notify you of this assignment/sale. And if you are advising that the only contact received from CQ is the one dated May 2013 then it sounds as though you haven't.

 

You will need to send CPR requests to CQ's solicitor for more information. I will have a think about what you can ask for and let you have a draft sometime tomorrow

 

Is there an account number on the Claim form ?

 

Do you think you could also have a rummage around your filing and see if you have any old telephone bills where you can perhaps point to a call made to orange and say.. that was the date I cancelled - or old bank accounts where the Direct Debit suddenly stopped. No matter if you don't, we can ask for this information.

[carling1980]

You are entitled to receive proof of their claim, so I would suggest that you acknowledge the claims form online and that you will be defending in full. I believe that you have 14 days to acknowledge and then 14 days to enter a defence.

 

Can you post up what their particulars of claim says and then hopefully someone will come along over the next few days to tell you what letter you need to send to CapQuest to obtain the information you need. There is no panic here, as you have time to deal with this. Over a nice weekend like this, you might not get a response about the letter you need to send.

 

Been trying to acknowledge this for the past 3 day online, but money claim website is telling me that 'claim number or password is incorrect'. I am using the claim number at the top of the form and the case sensitive 8 digit password at the bottom right-hand of the form:|

[carling1980]

**Update**

 

I posted CPR request off to the claimants solicitors via recorded and have yet to receive an acknowledgement or a response, I know it was signed for over 10 days ago as I can view the signature and signee's name on the royal mail website, as the time limit has now elapsed where do I go from here? the court say I have untill next Friday to submit a defence but I don't know what I'am defending at present. Also phoned EE aka orange and they have no record of the account number quoted in the claim form.

 

Bump

 

Need to post my defence off on Thursday any advice what my defence should be, I have still had no response to my CPR request from the capquest solicitors.

 

Bump:|

 

I feel really out of my depth now,I have to submit my defence in by Friday but still don't know what I am defending or where I go from here, can anyone please advise.

 

**Bump***

 

As I have revived no response to my CPR 31.14 or 14 day defence extension I have submitted an embarrassed defence I found from similar cases on this forum, I have also tried to submit a N244 to the court to try and make them comply to my CPR 31.14 request or get it struck out but I have been told by the court that I am not aloud to submit the N244 until the claimant has responded to my defence and is has been allocated to my local court , is this correct?

[MandM]

Hi carling1980,

 

See CBs post #4 above. I also think you had until next Tuesday to submit your defence.

 

As it's small claims they'll claim that CPR31 requests for info are not relevant.

 

You'll get the opportunity later in the process to force them to disclose.

 

In the meantime keep pushing the Sols for the info. If they haven't got it then they'll be hard pushed to prove in court that you owe anything. the onus is on them to prove it.

 

Mike

[carling1980]

Hi, received a letter this morning saying all legal action has been stopped and legal fees removed while they request the documents, I don't understand why a professional solicitors would you take someone to court if you didn't have documented evidence of the debt.

 

I was also offered a reduced amount settlement figure, should I just accept to get these people off my back ?

[Sparks_]

I would wait before you do that, let the good guys on here have time to respond, to me it looks like its unenforceable and trying to bluff you into paying

[MandM]

Hi, received a letter this morning saying all legal action has been stopped and legal fees removed while they request the documents, I don't understand why a professional solicitors would you take someone to court if you didn't have documented evidence of the debt.

 

I was also offered a reduced amount settlement figure, should I just accept to get these people off my back ?

 

And have they confirmed this with the court as well? No matter really as at least you have entrered a defence so they can't win by default .

 

If you receive anything else from them (or the courts) then post back on here.

 

Mike

[smokejumper]

They have tried the same antics with me. I requested documents and they said they have to get them from original claimant ( barclays ) and would not carry on legal proceedings until they have them.

 

As has been mentioned on here before, looks like they are using the courts without having the evidence they claim in the POC. Using the courts as a debt recovery system. Hoping for a default judgement, very underhanded, but no more than you would expect.

 

I hope they come unstuck soon.

[carling1980]

**UPDATE**

 

Received 2 letters from capquest this morning one from orange saying that my account had been passed to capquest the other was from capquest saying they have now bought the debt, both letters are dated 15 oct 2011 and where sent to an old address that I haven't lived at for more than 4 years.

 

The letter that is supposedly from orange looks very dodgy, it has no company logo, it's not addressed to anyone and has a signature at the bottom but it dose not state who it was signed by, yet on the 10th Oct 2011 5 days before this letter is dated (15 Oct 2011 )I know orange where fully aware of my new address as I was given a new iphone 4s contract by orange.

 

Something just doesn't add up on the account, are Orange in the habit of giving out new contracts while you are in the hands of their collection department? orange where fully aware of my new address 5 days before they wrote to my at my old address and I have paper work to prove this, I am starting to think their has been some mistake or fraud going on with the account.

[smokejumper]

I wonder if crapquest are trying it on, by sending to the old address and then carrying it through, so that eventually the court papers go to the old address.

 

You then know nothing about it and they get a default judgement.

 

They then, armed with a ccj , miraculously discover your new address and chase you for settlement.

[renegadeimp]

I wonder if crapquest are trying it on, by sending to the old address and then carrying it through, so that eventually the court papers go to the old address.

 

You then know nothing about it and they get a default judgement.

 

They then, armed with a ccj , miraculously discover your new address and chase you for settlement.

 

Crapquest are very well known for doing just that.

[renegadeimp]

My advice would be to get a sar off to the oc and get all info on the account.

[carling1980]

Just an update

 

2 months on since I had a letter from the courts saying it was on hold and still haven't received a response to my request for information from orange or capquest proving the debt is mine, don't really want this hanging over in the back of my mind all the time, is there anything I can do?

[smokejumper]

Apologies if I'm wrong, but I am in the same situation, it seems they don't have the paperwork and were relying on a default judgement.

 

I believe it is now deemed to be under dispute, so if they sell it on, the new buyers can't action it.

 

Don't worry about it, it won't go away, but will not cause much grief.

 

Just my opinion and 2 cents worth.