Capquest DrydensFairfax claimform & Stat Demand

[bongo boy]

Hi all,

 

Am attempting to assist a colleague and friend who is in a bit of a pickle with the above.

 

It relates to a Sainsburys account they opened way back in 2003 and defaulted on in 04/2008.

 

They referred to Blair Oliver and Scott who were CCA'd in early 2009 but failed to comply, (much later sent application form which was illegible and also later a copy of an agreement which was clearly a fake as had address details which were not current at the time of taking out the agreement but were at the time of request!)

 

Sent various letters threatening immediate court action etc between 04/08 and 03/09 at which point account in dispute letter sent as no info recd by that point.

 

Continued to send threatening letters and 05/09 they sent acc in dispute letter again. They ignored and continued to send threats etc. Acc in dispute sent again by recorded delivery and fax too 08/09

 

Continued with threats until 01/2010 when letter from Moorcroft appeared (no letter advising change of agent/DCA recd) Letter sent advising in dispute and default of CCA and then transferred to CapQuest.

 

All of this correspondence came to their current address until CapQuest got involved who then started sending correspondence to an old address not valid since 2007 at least.

 

Eventually letter came to light as they do have limited contact with persons at the old address and so they wrote to CapQuest pointing out the issues (CCA and in dispute, plus apparently false docs sent)

 

In 07/10 08/10 and 09/10 CapQuest wrote several times to the current address confirming matter under investigation, on hold etc.

 

Then in 07/2011 they sent a letter advising about to issue a stat demand to the OLD address again and then later that month issued a Stat demand to the old address though curiously with a court more local to the current address (attempt to get judgement by default?)

 

As this didn't reach them until well after the period dictated it was too late to respond. Shortly after in 08/2011 HL legal wrote to say as they hadn't responded they will proceed with Stat demand again sent to the old address with a final payment demand to avoid such action.

 

Then quiet until 10/2011 when it appears Scotcall took over and sent letters threatening a home visit, again to the old address until 03/2012.

 

Quiet again until 11/2012 when Debt Managers Ltd to current address with req for payment, then 12/2012 from the same lot threatening doorstep visit.

 

Nothing then until 06/2013 when CapQuest resurface sending letter to old address stating now referred to Past Due who then write to old address from 08/2013 to 10/2013 then current address from then on.

 

in 12/2013 CapQuest write to old address again saying account returned by Past Due then nothing until 04/2014 when DrydensFairfax appear, again to the old address threatening all sorts, then again in 05/2014 to the old address, and finally a County Court Form appears again sent to the old address in 06/2014.

 

Clearly all of those involved should know of the current address, CapQuest even wrote to them at the current address several times, but are now sending Court Docs, and previously have CapQuest sent a Stat Demand to the old address even after it is clear they knew this address was not current.

 

To me it seems they are trying to get judgement by default by sending Court Docs to an old address they know is not valid having previously written to the individual's current address several times.

 

There is also the question of the seemingly abandoned Stat Demand, also sent to an old address, plus the clearly spurious agreement sent in an attempt to satisfy the CCA request back in 2010/11.

 

Payments may have still been made via CCCS until 2009 so may not be stat barred yet I believe. Am awaiting more info from my colleague on this to see when this stopped.

 

So how best to defend this for them ? Advice gratefully received, am currently thinking that I go with CCA request not complied with, attempting to obtain judgement by default, abuse of process re Stat demand and so on? Help !

 

(They have another issue which I'll cover in a separate post re Marlins and duplicating defaults too, I suspect more will come to light too, a friend in need is a ......... complet as appropriate lol)

[BankFodder]

Thanks for all of this detail. It seems to be very comprehensive although it would be more helpful if it was laid out in a bullet point form starting each new point with the date.

 

A County Court claim was issued in June – when was the return date or has a judgement already been obtained?

 

I think you need to ascertain the position in respect of statute barred

[bongo boy]

Thanks for all of this detail. It seems to be very comprehensive although it would be more helpful if it was laid out in a bullet point form starting each new point with the date.

 

A County Court claim was issued in June – when was the return date or has a judgement already been obtained?

 

I think you need to ascertain the position in respect of statute barred

 

Hi !

 

Thanks was trying to keep it as short as possible, seems a lot of info, they have kept everything neatly filed so it helps. I can find references to payments via CCCS in 2009 so I think Stat barred is unlikely ( I had hoped it would be but alas no)

]

[bongo boy]

Hi !

 

Thanks was trying to keep it as short as possible, seems a lot of info, they have kept everything neatly filed so it helps. I can find references to payments via CCCS in 2009 so I think Stat barred is unlikely ( I had hoped it would be but alas no)

]

Sorry forgot to add the Court form was issued at the end of June so still in time, CCJ not yet gained

[bongo boy]

Thanks for all of this detail. It seems to be very comprehensive although it would be more helpful if it was laid out in a bullet point form starting each new point with the date.

 

A County Court claim was issued in June – when was the return date or has a judgement already been obtained?

 

I think you need to ascertain the position in respect of statute barred

 

Definitely not statute barred yet it seems, CCCS payments into 2009 it appears, what would you suggest as a defence to this proposed action?

[bongo boy]

Should I just acknowledge service on their behalf

and contact drydens directly suggesting they abandon action until they can supply CCA etc?

or just use this as a defence?

 

do I mention the Stat demand HL Legal issued but didn't pursue?

 

looked more like a debt collection method to me, scare tactic, abuse of process?

 

Also the issuing of legal processes to an address they know not to be current in the hope

of getting a judgement by default (both Stat demand and CC papers sent to an address over 7 years old)

[bongo boy]

Can anyone advise? time is running out to defend the County Court claim.. do I just go with CCA request not satisfied plus confuse process by sending to old address? do I mention the prev Stat demand or seemingly made up agreement with wrong details? HELP !

[bongo boy]

Can anyone advise? time is running out to defend the County Court claim.. do I just go with CCA request not satisfied plus confuse process by sending to old address? do I mention the prev Stat demand or seemingly made up agreement with wrong details? HELP !

Bump, can anyone advise? def not stat barred as last payment confirmed as May 2010, how best to defend? just failure to supply agreement? or anything else?

[bongo boy]

Hi,

 

Have acknowledged the service of the claim and am intending to send this amended letter from the library to them on behalf of my mate, Your input would be welcomed before I do !

 

Drydens Fairfax Solicitors

Shire House

2 Humboldt Street

Bradford

BD1 5HQ

XX XX 2014

 

 

Dear Sirs,

 

Re: CapquestInvestments Limited v xxxxxx Case No: Abc123

 

CPR 31.14 Request

 

On xx XX 2014 I received the Claim Form in this case issued byyou out of the Northampton County Court.

It is unclear why you chose to issue this claim to an addressyour client is fully aware has not been current for at least 7 years. It couldbe construed that you were attempting to obtain judgement by default by sodoing.

It has also been brought to my attention that your client alsoissued a statutory demand to the same address in XXXX, and suggested due to a failureto respond that they would present a bankruptcy petition, followed by a letterfrom their representative, HL Legal, again to the wrong address suggesting theywould pursue this option again if no contact was received.

This again appears to be an example of attempting to gainjudgement by default and /or an example of an abuse of process by virtue ofissuing such a demand, and not continuing with the action indicated. It wouldseem that your client was attempting to use the suggested action as a debtcollection tool and not the intended purpose.

It is patently obvious that your client was aware of my currentaddress, and had indeed corresponded with me using it less than 12 monthsbefore issuing the statutory demand. In this correspondence they acknowledgedthe account was in dispute, and that the account was on hold. They alsoconfirmed no further action would be taken until such time as the dispute wasresolved.

 

I confirm having returned my acknowledgement of service to thecourt in which I indicate my intention to contest all of your claim.

Prior to the issue of proceedings I had delivered a request forthe production of the agreement mentioned in the Claim Form and on which yourely. That request has not been complied with.

Please treat this letter as my request made under CPR 31.14 forthe disclosure and the production of a verified and legible copy of [each ofthe following / the] document(s) mentioned in your Particulars of Claim:

1: the agreement. You will appreciate that in an ordinary caseand by reason of the provisions of CPR PD 16 para 7.3, where a claim is basedupon a written agreement, a copy of the contract or documents constituting theagreement should be attached to or served with the particulars of claim and theoriginal(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

2: the assignment*

3: the default notice*

Although your claim is for a sum which is not more than£10,000.00 and will in all likelihood be allocated to the small claims trackfor determination upon my delivering a defence, at this moment in time I havenot delivered my defence and the case has not been allocated to a track. Inconsequence the provisions of CPR 27(2) are of no effect and you should notseek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensurethat the document(s) I have requested are copied to and received by me within7 days of receiving this letter. Your CPR 31 duties extend to making areasonable and proportionate search for the originals of the documents I haverequested, the better for you to be able to verify the document's authenticityand to provide me with a legible copy. Further, where I have requested a copyof a document, the original of which is now in the possession of anotherperson, you will have a right to possession of that document if you havementioned it in your case. You must take immediate steps to recover andpreserve it for the purpose of this case.

Where I have mentioned a document and there is in yourpossession more than one version of that same document owing to a modification,obliteration or other marking or feature, each version will be a separatedocument and you must provide a copy of each version of it to me. Yourobligations extend to making a reasonable and proportionate search for anyversion(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 responsiblefor your reasonable copying costs incurred in complying with this CPR 31.14request.

If you require more time in which to comply with this requestyou must tell me in writing. You must tell me before the time for compliancewith this request has expired. In telling me you require more time you musttell me what steps you have taken and propose to take in order to comply withthis 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 agreeto an extension of the time for me to file my defence. Your extension of timemust be not less than 14 days from the date when you say you will have compliedwith my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe thatyou will never be able to comply with this request please confirm this in yourresponse.

Yours faithfully

Your comments / advice would be welcomed !

[bongo boy]

help ?anyone?

[ims21]

I have moved your thread to the Legal forum where you may get better help given the issue of a claim.

 

You say that the claim was issued in June....what is the date of issue on the claim form?

[bongo boy]

Hi thanks ! Claim issued 30 June, sent ack of service Friday, Cheers Bongo

[bongo boy]

ok maybe I should've asked, I cant see any forum called legal so where have I been moved to ? I am being dumb? edit.. yes I am ive found it.. I think id better go to bed !

[dx100uk]

financial legal

you are there already

 

dx

[bongo boy]

yes thanks ive found it, way past my bedtime I think!

 

Would appreciate any advice on the letter I propose to send ( a few posts back ) and also how I best defend this for my now v worried mate ! Thank you all in advance

[dx100uk]

I would just send the CCA and the cpr 31:14

ONLY amended to request the docs they refer to in the PoC.

 

there are lots of 'no paperwork'

holding defences on the threads in this forum

 

just look for a like case to this one.

 

just don't miss your dates

of 19days from the date on the claimform [top right]

to defend all

 

and 33 days to enter the holding defence.

 

date on the claimform is day one.

 

dx

[bongo boy]

I would just send the CCA and the cpr 31:14

ONLY amended to request the docs they refer to in the PoC.

 

there are lots of 'no paperwork'

holding defences on the threads in this forum

 

just look for a like case to this one.

 

just don't miss your dates

of 19days from the date on the claimform [top right]

to defend all

 

and 33 days to enter the holding defence.

 

date on the claimform is day one.

 

dx

 

Hi I have sent the acknowledgement of service last week, this gives me another 14 days? The CCA request was sent years ago and is still outstanding, is the letter I posted above ok to send as is, also do I need to file a defence now then as the 19 days will be up soon if the acknowledgement of service doesn't give the extra two weeks? if so what is the point of sending it? Confused now !

[ims21]

Ok so you have done your acknowledgement.

 

Your time line for a defence is 33 days from the date of issue on the claim form (that date being day 1) so you have until the beginning of August to file a defence.

[bongo boy]

Ok so you have done your acknowledgement.

 

Your time line for a defence is 33 days from the date of issue on the claim form (that date being day 1) so you have until the beginning of August to file a defence.

 

Hi thanks for the reply,

 

Do I need to send another CCA request if one was sent years ago and not satisfied?

 

When is best to submit the defence? once I have a response to the CPR? or not wait for this?

 

I've spent the last three hours looking for a defence to this, but I cant see any? I see lots of posts where people ask for advice and they are advised to read other threads but unless im missing something I cant see anything that helps with this? Even the success forum doesnt seem to have anything relating to what you say in response?? Help !

 

The CCA request was sent years ago, this lot keep writing to an old address they know is not correct, even sent a stat demand to it, despite writing to say they realised the account was in dispute and put collection on hold? I'm going to go to sleep now as I have to be up at 6 but some guidance would be very welcome as im going round in circles it seems. Do i just say it is in dispute???

 

Getting a little stressed now as you may be able to tell !

[bongo boy]

I would just send the CCA and the cpr 31:14

ONLY amended to request the docs they refer to in the PoC.

 

there are lots of 'no paperwork'

holding defences on the threads in this forum

 

just look for a like case to this one.

 

just don't miss your dates

of 19days from the date on the claimform [top right]

to defend all

 

and 33 days to enter the holding defence.

 

date on the claimform is day one.

 

dx

 

Thanks for the reply but try as I might I cant find any threads which help me with the defence for no paperwork, even in the legal success forum, could you point me in the right direction as I've been searching for over 3.5 hrs so far without much success unless im missing something obvious?

[dx100uk]

send a new CCA and the CPR

 

the defence is no rush yet

 

and might well change if they reply with anything.

 

pers I would not changing the std cpr letter.

 

just adapt to request the docs thy mention in the PoC

nothing else

 

dx

[bongo boy]

send a new CCA and the CPR

 

the defence is no rush yet

 

and might well change if they reply with anything.

 

pers I would not changing the std cpr letter.

 

just adapt to request the docs thy mention in the PoC

nothing else

 

dx

Brilliant thank you, I will send a standard CPR and get the CCA off today then too,

 

Cheers Bongo

[sytra]

Have you heard anything yet?

 

we managed to get the claim against us thrown out due to Capquest and DrydensFairfax failing to send any paperwork

and also under CPR rules Drydens failed to sign the claim form wrongly which meant they could not use anything on their claim form.

[bongo boy]

Hi all,

 

Coincidentally today I caught up with my colleague and

 

they had a letter from Drydens again sent to the old address,

 

dated 8 days ago but had only just been delivered they said.

 

The letters says the matter is on hold and they (Drydens) have referred to their client for advice and information.

 

Obviously this seems to be an attempt to lull them into a false sense of security and not submit a defence...

 

It appears that they do not have any information relating to this account

and have issued a claim speculatively perhaps?

 

Thoughts anyone?

 

Defence needs to be submitted by the end of next week I think?

[dx100uk]

yes they'll try anything

 

whatever he does

DO NOT miss filing a defence on midnight day 33 [day 1 is claimform issue date]

 

even if its the holding no paperwork one.

 

dx