Capquest DrydensFairfax claimform & Stat Demand

[bongo boy]

I'm on it, claim was issued at the end of June so a little while, will draft a defence for review and submit if nothing recd by Wednesday. I doubt anything will arrive as it is clear they are intending to frustrate things by continuing to send any info or responses to an address they know is 7 years out of date at least...

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

[bongo boy]

I'm on it, claim was issued at the end of June so a little while, will draft a defence for review and submit if nothing recd by Wednesday. I doubt anything will arrive as it is clear they are intending to frustrate things by continuing to send any info or responses to an address they know is 7 years out of date at least...

 

I'll have to do it I know, they are relying on me to help (very trusting !! eek!!) if nothing arrives should I just go with embarrassed defence as no p/wrk?

[bongo boy]

Hi All,

 

Absolutely nothing received so how do you respond to the claim?

 

I cant answer any of the points in their claim as have not received anything to work on !

 

Do I just say I cannot answer as the claimant has not provided any information?

 

Response is due tomorrow I believe (claim date 30/06) work is interfering with the amount of time I can spend on this at present

and am conscious if I don't get a response in they may get a judgement by default..

 

. Sods law that work has just gone bonkers in the last week or so!

 

Help, my colleague is relying on me !!

 

Cheers

 

Bongo

[bongo boy]

Do I just say on xxx date a cca request was sent to the oc which they have failed to satisfy

and so the alleged account is in dispute as of xxx further to this a subsequent request for the CCA

and a CPR request was sent on xxx date and the claimant appears unable to provide any paperwork

as they have written on xxxx to say that they will request information from their client.

 

In addition the claimant continues to send correspondence to an address they know to be incorrect, seemingly in an attempt to delay or confuse matters?

 

Any help appreciated !!

 

Hi All,

 

Absolutely nothing received so how do you respond to the claim? I cant answer any of the points in their claim as have not received anything to work on ! Do I just say I cannot answer as the claimant has not provided any information? Response is due tomorrow I believe (claim date 30/06) work is interfering with the amount of time I can spend on this at present and am conscious if I don't get a response in they may get a judgement by default... Sods law that work has just gone bonkers in the last week or so! Help, my colleague is relying on me !!

 

Cheers

 

Bongo

[bongo boy]

I've put this together by modifying another post I found that seemed similar;

 

If this goes to court can I represent my friend as they will go to pieces in front of a judge i'm sure ! is this allowed ? I responded on their behalf to the claim initially.

 

1. In the NorthamptonCounty Court

 

 

Claim number XXXXXXXX

 

 

Between

 

 

Capquest etc Claimant

 

and

 

 

XXXXXXXXXX – Defendant

 

 

DEFENCE

 

 

1. I, XXX of XXXXXXXXXXXX am The Defendant in this action and make thefollowing statement as my defence to the claim made by Capquest

 

2. Except where otherwise mentioned in this defence, I neither admit nor denyany allegation made in The Claimant’s Particulars of Claim and put The Claimantto strict proof thereof.

 

3. The Claimant’s Particulars of Claim are vague; they appear to be an abuse ofthe process in that they fail to deal with the basic rules of pleading inaccordance with the civil procedure rules. (Even allowing for the constraintsof the bulk issue system)

 

4. No documents supporting the claim in the particulars have been offered whichThe Defendant needs to establish what agreement it is that this action is basedupon and so The Claimant's claim appears without merit.

 

5. On receipt of the claim form The Defendant sent a CPR 31.14 request for acopy of the agreement, default notice, notice of assignment and a statement ofaccount showing how the amount claimed has been reached which form the basis ofthis claim.

 

6. The Defendant also twice sent a formal request pursuant to s.77/78 of theConsumer Credit Act 1974 for a copy of the agreement, initially on xxx xxx 2009 and again on receipt of theclaim form along with the CPR31.14 mentioned in point 5.

 

7. It has been confirmed via the Royal Mail website that the above letters werereceived and signed for.

 

8. To date the only response received on xxx July 2014 suggested that the matteris on hold, no further communication has been received, nor have any documentsbeen provided.

 

9. As a result, the Claimants claim does not contain sufficient particulars topermit me to file a properly particularised and pleaded defence. I am at adisadvantage to respond to this claim. Consequently, I deny all allegations onthe particulars of claim and put the Claimant to strict proof thereof.

 

10. It is denied that I have an agreement with Capquest xxx.

 

11. If, which is not admitted, such an agreement exists, the precise terms anddate of any such agreement are not admitted. I do not have in my possession anysuch agreement and am not therefore able to comment thereon. The Claimant isput to strict proof as to the date and terms of such agreement.

 

12. Without admission that any cause of action is shown by The Claimant it isdenied that I am indebted to The Claimant as alleged or at all.

 

13 It is alleged the Claimant has an agreement and there has been anAssignment. Within the proof of claim it was stated that there had been anassignment to the Claimant by letter without any particular details such as adate. Indeed the claimant continues to issue correspondence, including thisclaim, to an address they are fully aware is not current, and has not been sofor a number of years.

As such itis contended that no such Notice of Assignment has been served pursuant toSection 136(1) of the Law of Property Act 1925. Without a Notice of Assignment,The Assignment is merely equitable and The Claimant is put to strict proof todisclose this and prove that this claim can commence in their own name.

 

 

14. AND the Defendant

 

Seeks an order that The Claimant’s action is struck out or otherwise isdismissed on the grounds that any claim cannot succeed.

 

i. Alternatively if the court decides not to strike out The Claimant’s case, itis requested that The Court orders full disclosure of the requested documentspursuant to the civil procedure Rules.

 

ii. The Defendant respectfully asks the permission of The Court to amend thisdefence if or when The Claimant provides full disclosure of the requesteddocuments and allows inspection of the original documents.

 

 

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

[dx100uk]

have a look at this one

 

its not called embarrassed anymore its holding

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428750-Mortimer-cabot-claim-form-fashion-world-cat-debt&p=4584797#post4584797

 

please do not file until its been checked

[dx100uk]

by Friday midnight you must file

 

dx

[bongo boy]

by Friday midnight you must file

 

dx

 

 

 

Hi yes understood will await confirmation, anything sent by them will not be received in time if they continue to send to the old address. From my viewpoint unfortunately work is getting in the way and am doing my best not to let them down by missing the filing date, as I know they are relying on me to help them with this, but my time, as I guess is yours, is limited !

[bongo boy]

Here are the POC if this helps;

 

1. The claim is for the sum of xxx. xx in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's bank under account number xxxx etc upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with

 

3. By virtue of a sale agreement between Sainsbury's bank PLC and the claimant the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

 

Contact drydensfairfax on 0113 823 3430

 

signed drydens ltd t/a drydensfairfax - Claimants Solicitor - claiming £70 solicitors costs plus £60 court fee

 

Seems I have two days to file a defence for my colleague, as I am not likely to be in the UK Friday eve I have slightly less time than I would've liked so could anyone provide any guidance as to whether the defence in the post above is any good? too much, not enough? Help !

[bongo boy]

Help anyone? please?

[bongo boy]

Help ! I only have a few hours left when I get home from work tonight to file this defence, can anyone guide me?

[bongo boy]

Help ! I only have a few hours left when I get home from work tonight to file this defence, can anyone guide me?

 

Hoping someone can help ? only have a few hours left as not here tomorrow and defence has to be in then...

[AndyOrch]

have a look at this one

 

its not called embarrassed anymore its holding

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428750-Mortimer-cabot-claim-form-fashion-world-cat-debt&p=4584797#post4584797

 

 

please do not file until its been checked

 

Have you looked at the link defence provided by DX ? Have you had a go adapting it to suit your particulars?

The ethos of CAG is a self help forum we will assist but we cant do it all for you......at least have a go at drafting something and then it can be checked to see if its compliant.

 

Regards

 

Andy

[bongo boy]

Hi Andy,

 

I did draft a defence but I don't know what is different or what is wrong with it, neither make sense to me, see post 30 above, is this ok, if not what is wrong with it? I don't understand all of the terminology so im at a loss as to whether this is right or wrong? That's why I am asking for help, I don't know what i'm doing, I understand it is a self help environment so have tried my best to answer it, but if I don't know how to construct it, or the finer points hence asking for help.

 

Bongo

[bongo boy]

is this all I need to say then? seems very brief? This bit wasn't posted until after I last read that link again this morning, is this it, or with the rest? ther eare so many differnet things said in the one response list i'm not sure what is correct?

 

On receipt of the claim I requested information to claify the claim by requesting a CPR 31.14 dated xxxxxxx the claimant has failed to respond.

On receipt of the claim I requested a copy of the agreement by way of a section 78 requested dated xxxxxx the claimant had 12+2 days to comply...to this date they have failed to respond and therefore are in default of this request.I understand the claimant is prevented from seeking any relief or enforcing any agreement until such time they seek to comply.

 

Furthermore it is brought to the courts attention that claimant failed to serve any letter before action and therefore has not complied with pre action protocol

[AndyOrch]

Im not sure which if any other threads you are looking at but the above will not suffice and will be dismissed by the court.

 

Here is a typical particular and response defence.

 

Particulars of Claim

 

1.The Claimants Claim is for the Sum of ******** being monies due from the defendant to the claimant under a financial services agreement regulated by the credit consumer act 1974 between the defendant and the consumer under account ref: ************ and assigned to the claimant on ******** notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to the section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.26p from the date of assignment of the agreement to the date of the issue() being amount of *****

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant nor ever been served with a Notice of Assignment.

 

2. . Paragraph 2 is not admitted with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant.

 

3. On receipt of this claim I requested information pertaining to this claim from BW Legal and Lowell Portfolio 1 Ltd by way of a CPR 31.14 request. To date, a response has been received on 21/07/14 from BW Legal which advised they will contact me within 7 days. No reply has been forthcoming since then, also a request under section 78 was made and a reply from BW Legal and Lowell Portfolio 1 Ltd on 16/07/14 again said the documentation would be provided within 12 days, no reply has been forthcoming since then.

 

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

 

(b) show how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

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

 

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

 

5. On the alternative, if 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.

 

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

 

 

Andy

[bongo boy]

Ive just taken the above from the link you suggested, it is a post you had made today? I'm grateful for the help, truly I am, all I was asking for was a response / guidance on the draft defence I had put together in the post number 30 in this thread. thank you for the guidance above, i'll adapt and send as I have now only 4 hours before I have to be back at work. I'm beginning to wish I had never offered to help my colleague as it seems im just making things worse.... apologies if I have caused any offence!

[dx100uk]

you have until midnight tomorrow not today

 

dx

[AndyOrch]

No apologies necessary...but by assisting your friend you want to get it right otherwise the blame will come back to you once they have a CCJ.

 

All defences must be CPR compliant (CPR Civil Procedure Rules) and as a defendant you either admit or deny or seek clarification...so by drafting it correctly you stand more chance of the court accepting it and also the claimant backing off if they feel they cant comply to your response.

 

Andy

[bongo boy]

you have until midnight tomorrow not today

 

dx

Yes but as I keep saying, im not here tomorrow and may well out of the country so wont be able to file for my colleague !

[bongo boy]

No apologies necessary...but by assisting your friend you want to get it right otherwise the blame will come back to you once they have a CCJ.

 

All defences must be CPR compliant (CPR Civil Procedure Rules) and as a defendant you either admit or deny or seek clarification...so by drafting it correctly you stand more chance of the court accepting it and also the claimant backing off if they feel they cant comply to your response.

 

Andy

 

Thank you, am I right in thinking that they haven't claimed relief ? relief is interest and the like at the court rate, so section c and section 6 is not relevant to this particular claim as they are not asking for the 8% or whatever it is?

Andy

[AndyOrch]

So bring your particulars forward and copy and paste the above below it so you can refer to their points...number them as above and respond with the same numbers using the above as an example and edit to suit.......you can still submit before you retire to bed.

[AndyOrch]

No relief in legal terms is the enforcement of a agreement....sec69 is what the court can add onto the judgment if successful.

[bongo boy]

Ok, here goes, how is this?

 

 

Particulars of the Claim

 

1. The claim is for the sum of xxx. xx inrespect of monies owing by the defendant on a credit agreement held by the defendantwith Sainsbury's bank under account number xxxx etc upon which the defendantfailed to maintain payments.

 

2. A default notice was served upon the defendant and has not been compliedwith

 

3. By virtue of a sale agreement between Sainsbury's bank PLC and the claimantthe claim vested in the claimant who has a genuine commercial interest. The defendant hasbeen notified of the assignment by letter.

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic innature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific responsehas not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering in to anAgreement referred to in the Particulars of Claim ('the Agreement') with theClaimant as the Defendant did not enter into any Agreement with the Claimantnor ever been served with a Notice of Assignment.

 

2. Paragraph 2 is not admitted with regards to the Claimant serving a defaultnotice in connection with the alleged contractual Agreement as the Defendantdid not enter into any Agreement with the Claimant.

 

3. On receipt of this claim I requested information pertaining to this claimfrom Drydens Fairfax by way of a CPR 31.14 request. To date, a response hasbeen received on 25/07/14, (dated 17/07/2014) from Drydens Fairfax noting thecontents of the correspondence, suggesting the matter is on hold whilst theyclarify the current position and seek further instructions from their client.No further correspondence has been received since then, also a request undersection 78 was made at the same time, and again no reply has been forthcomingsince then.

Therefore with the court’s permission the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

 

(b) show how the Claimant has reached the amount claimed for;

 

© show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

(d) show how the agreement was legallyterminated to allow the claimant relief

 

4. As per Civil Procedure Rule16.5, it is expected that the Claimant prove the allegation that the money isowed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the consumer credit Act1974.

 

6. By reasons of the facts and matters setout above, it is denied that the Claimant is entitled to the relief claimed orany relief.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

[AndyOrch]

A lot better but look at your point 1 and then theirs they do not mention assignment until point 3 so move your reference to assignment to your 3.

 

A statement of truth is not required for defences submitted through MCOL (Northampton) as your submission is under oath anyway.