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Capquest/? claim form - old CAT debt

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Hi folks,

i have posted on the forums before and successfully won in a claim against me.

 

This recent claim against me for an alleged debt of 3,815.60 inclusive of their so called costs..(which to me are ropey).

.please bear with with me as i need to refresh my knowledge of certain aspects in compiling my defence...

 

In the claim form particulars .

.. there is no mention of when this alleged debt was instigated ,

i.e. when i am supposed to have defaulted .

 

It is my understanding that this should be there on the claim form..by default...(help with this appreciated).

 

the claiment states that i have been notified of the assignment from "shop direct" by letter..

. i have received no letter .

 

i would require proof of this...

but such a letter is not the deeds of assignment.. if i am correct?

 

i intend to counter this claim and request the necessary 28 days.

. rather than the 14...

been through this before and which forms to fill in.

.. so it is not this info.

 

i seek...

just a refresher would be good at this stage on what ammunition i can avail of.

 

i think these people sent me a letter months ago offering me to only pay 80.00 pounds.

.. and i am given to wondering should i have tried to settle it at that stage...

 

Any advise greatly appreciated..;)

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so sorry i have not replied to this since above date..

. i just found those questions complicated.

.. not sure how to respond or where..?

please bear with me as i have a psychological disorder and i don't have a printer

 

 

..but i DO need some help.

.any way i can post?

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Hello there.

 

The idea is for you to copy and paste the questions for the forum stikky onto your thread and put the answers next to the questions, in a different colour if you can.

 

Is it easier for you to do this in stages? Maybe you could do the questions part and then we can ask you about the other stuff once you've done that.

 

HB


Illegitimi non carborundum

 

 

 

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i need to say that i filed defence, and sent a request for cca...

to the solicitors on claim form.

 

. this was sent back to me and they (cap quest) are saying they are looking into what i requested..

 

in my defence... that is deeds of assignment..

. this has been weeks and i feel they are stalling for some reason to buy time

..i need to act as

.. i feel sure they are obliged to answer me within a set number of days...

. now that they sent my cca request back saying it should go to another address...

yet it states on claim form all correspondence goes to the address i sent cca...

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Well if you didn't defend the claimforn by now you've lost already


please don't hit Quote...just type we know what we said earlier..

 

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hi honeybee, yes easier to do in stages as my mind can't do too much processing in one go

 

i did defend immediately.... i state above i filed my defence

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Maybe have a go at the questions part then, working from the N1 form? :)

 

HB


Illegitimi non carborundum

 

 

 

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So you did defend it?

 

Then just wait for the N180 if the court ever send one


please don't hit Quote...just type we know what we said earlier..

 

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its merely that i have heard no more from this cap quest company..

.. but i have letter from court acknowledging my defence

 

well i thought bizarre that my cca was returned and i wonder what i should do about that?

 

its all proven that it was sent,

they even sent it back with their headed paper..

. so thats proven that i sent it..

. they are only saying it went to wrong address.

. BUT, that is address stated for all correspondence to them..

...on the claim form -

 

whats the n180? -

 

do i really need to copy claim number here? anyone can read

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its merely that i have heard no more from this cap quest company..

.. but i have letter from court acknowledging my defence - they have 28 days from that date else the claim gets autostayed.

 

well i thought bizarre that my cca was returned and i wonder what i should do about that? nothing forget about it

 

its all proven that it was sent,

they even sent it back with their headed paper..

. so thats proven that i sent it..

. they are only saying it went to wrong address.

. BUT, that is address stated for all correspondence to them..

...on the claim form

 

whats the n180? - go read other claimform threads here

 

do i really need to copy claim number here? anyone can read

no didn't say that at all

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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i have just been reviewing the paperwork received from their so called "solicitors" "Drydens".... and find the reason the cca was returned was because i made out the postal order to them for 1 pound... they are saying it needs to be made out to their clients. can i still send it to them?

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you should have left the PO BLANK.

CCa rquest goes to the claimant

CPR goes to the sols


please don't hit Quote...just type we know what we said earlier..

 

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Name of the Claimant ; CAP QUEST

 

Claim issue date 19.07.17

 

particulars of claim;

 

 

1in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct upon which the defendant failed to maintain payments.

 

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

 

3.The balance owed was assigned from shop direct to the claimant,and the defendant has been notified of the assignment by letter.

 

Value of the claim 3,800 pounds

 

in respect of alleged catalogue debt

 

no default date in the particulars of claim(a fact i noted in my defence)

 

Debt purchaser "capquest investments ltd."

i have no memory of notice of assignment

 

no memory of a default notice from original creditor.

 

not been receiving statutory notices of default sums to my memory.

 

this is an alleged debt .

 

you should have left the PO BLANK.

CCa rquest goes to the claimant

CPR goes to the sols

 

i didn't know this...should i still make the request to them amending postal order?

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wouldn't bother

 

 

what date is the courts ack of your defence?


please don't hit Quote...just type we know what we said earlier..

 

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26 july 2017

 

Is there anything else i could be doing right now?

 

i had forgotten to request the CCA in my original defence.

.. i called the court to add this to my defence.

.. i understand they cite it as changing defence.

.. and is expensive...

so i insisted i did not want to change defence.

 

 

i sent a letter stating i request the CCA further to my defence..

. this was done within a day or so of submitting the defence on the claim form.

 

should i send cpr request ?

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why didn't or don't you simply follow what you did in your successful cap1 thread?

 

 

bit late now to request documents

but as the claim is now almost stayed

i'd not worry

it'll cost them then to lift the stay anyhow


please don't hit Quote...just type we know what we said earlier..

 

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i think i was worried about not getting that cca request in on my defence,

i only asked for deeds of assignment..

.as that was successful in my former case.

..i guess i'm thinking ,

though that i have not followed last case exactly..

.if that makes sense?

 

You mention "Stay" i had not heard of this term before.

.. in what respect would it apply in my case?

time limitation?

if so how long should i be waiting?

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already answered in post 11...

 

 

and go read the letter the court sent acknowledging your defence filing.

its all explained there


please don't hit Quote...just type we know what we said earlier..

 

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Sorry about that didn't see that first time around... so much to take in..

 

i calculate they have until 5 september to continue the case..

Would my cca request still be acknowledged by the court ..

albeit i made that mistake ?

 

think i made mistake about 5 september... as court acknowledgement is 26 july... but unsure when other party received my defence, i think count 9 days ?

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Stop panicking about a few days


please don't hit Quote...just type we know what we said earlier..

 

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true, true...

i think its because i have not panicked for weeks..it's kind of a phoney war right now.

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just an update...

repeated calls to northampton ccbc.

.. have proved unfruitful...

 

i wanted to check just where i stand at this point.

.or rather the claim.

 

.the phones are never answered.

.as it's been well past a month and i have heard no response to my defence..

 

i have emailed them...

i am thinking it is within the bounds of possibility that the claimant could have offered a response within the time but it's merely that the court has not notified me as yet.

.. well it seems a waiting game.

 

n.b.

just managed to get through to the ccbc..

 

. i am informed the claimant had until yesterday...

but have an extension because of bank holiday..so ie. today is time up..

 

i am also informed that there is a backlog of correspondence (currently working on 8.8.17) and i must call back friday.

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if stayed then the claimant would have to pay a fee to unstay the case, ( Many do @ a later date) usually when they find the evidence they need, or try and push you to the limit to give in up to the last minute before a court date.

 

We have all been there and stayed is not the end of it in a lot of cases, so just try and relax and inform latest as known by you. as court says ring friday


:mad2::-x:jaw::sad:

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thank you,

 

yes i understood this will mean it can drag on.

 

i wonder though if statute barred can apply during the proceedings?

in particulars of the claim no date of default was shown.

and this is something i requested..

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