Jump to content


  • Tweets

  • Posts

    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
    • If you look at your credit file..what debts show that youve not recently paid or not paid in a longtime?   might give a clue?
    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
    • The firm's shares fell more than 20% as investors worry that demand for its pricey exercise machines is waning.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Backdoor Capquest CCJ - old CAT debt - 3 years after CCA Request not fulfilled


soldat
 Share

Recommended Posts

Quote

Should I copy some of the points from the draft defence into the witness statement?

 

Other way around some points from the statement into your defence...your application only requires an initial defence in support......save your witness statement should your application be successful and which you will require it later in the process.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Merged witness and draft defence, deleting some paragraphs.. still too long?

 

1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report.

 

2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email.

 

3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B]

 

4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C]

 

5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D].

 

6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E].

 

7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

 

8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

 

9. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant. 

 

11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

Edited by dx100uk
formatting
Link to post
Share on other sites

Too long its now back to a witness statement.....1=3 should suffice also without reading all your topic...and before you go to the expense of this application , you did inform Capquest  of your change of address before they issued the claim ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I've not heard from Capquest since they acknowledged they had no cca, so I must have forgotten all about them. I suppose if I had, they wouldn't have tried backdoor ccj.

 

My defence is they deliberately gained the default knowing I had moved given they sent default of sums to my current address only 12 working days after filing the claim.

 

and like dx said, I had no reason to believe I had to protect myself against the ccj given they have no cca. Which is pretty much what my witness statement says.

 

Edited by dx100uk
spacing
Link to post
Share on other sites

Quote

 they sent default of sums to my current address only 12 working days after filing the claim.

Fine so they were aware of your current address.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I'm still a bit confused as to what I'm sending off.

 

I've filled in the N244 following dx's instructions.

 

Box 3. I've put: "The Defendant in these proceedings respectfully requests that the Court make an order to set aside the judgment pursuant to CPR 13.2 & 3(2).

 

The claim form was not delivered to my address. I only became aware of the judgment after I checked my credit file. I believe I have a real defence against the claim."

 

or should I put (as my reason): "The Claimant deliberately filed the claim to an old address in order to win a judgment by default."

 

I've ticked Draft Order attached as per Andy's suggestion.

 

Which I have:

 

1. The judgment be set aside pursuant to CPR 13.2 & 3(2).

2. The Claimant pays the Defendant’s costs of this application to the sum of £275.

3. The Claimant has permission to file and serve a reply if so required.

 

4. All enforcement be put on hold pending the outcome of the application.


I thought my witness statement has all the information as to why it should be set aside, so why do I not send this with the application if there's a ticky box for it?#

 

Help!

 

 

Edited by dx100uk
Format only
Link to post
Share on other sites

You dont file a witness statement with an n244 application, you file a sep statement of defence ( if you like to call it that)

 

A ws with exhibits is for after you win the set aside and if a sep hearing is latterly ordered regarding the actual initial claim.

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I'm struggling with the wording of my statement then.

 

So far I got:

 

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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. ← do i need this?

The Claimant wrote to the Defendant in August 2018 admitting they were unable to produce a copy of the Credit Agreement which they noted in paragraph 1 of their particulars of claim, and therefore the account they had on record was unenforceable, after the Defendant requested a copy.

I have reason to believe the Claimant would only file a claim if the Defendant was unable to respond in order to win the judgment by default. The Claimant filed a claim using the Defendant’s previous address, and the Defendant was only made aware of the judgment after checking their credit file.

The Claimant sent a letter dated 27 October 2021 to the Defendant’s current address only twelve (12) days after filing the claim to Defendant’s previous address therefore showing they were aware the Defendant had changed address.

 

Any tips?

Link to post
Share on other sites

Yea drop the 1st bit.

 

I would specifically mention what the letter was and a legal requirement under the consumer credit act 1974.

 

I think you had this in before but have left it out now. It brings weight to your claim.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

On 05/12/2021 at 17:00, soldat said:

understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report.

 

2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email.

 

3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B]

 

 

As andy pointed too ....make a 4 to the above about the default sums notice

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

3 hours ago, dx100uk said:

You dont file a witness statement with an n244 application, you file a sep statement of defence ( if you like to call it that)

 

A ws with exhibits is for after you win the set aside and if a sep hearing is latterly ordered regarding the actual initial claim.

 

Dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Just checking. So the only thing I send is the N244?

 

Revised statement (this goes in box. 10?):

 

1. I understand the Claimant obtained a judgment against me as the Defendant on 10 November 2021. However, no claim was served at my current address. Therefore, I was not aware of any judgment until I checked my credit file online.

2. On learning of the judgment on 15 November 2021, I immediately contacted the County Court Business Centre to find out the details. It was only then I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre via Email.

3. I now know that the judgment was served at a previous address (Do not put your address -dx))  However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. My new address was added to my credit file in February 2021, and entered into the Electoral Roll in May 2021.

4. The Claimant sent a letter dated 27 October 2021 to the Defendant’s current address reporting of a default sums notice under the Consumer Credit Act 1974, only twelve (12) days after filing the claim to Defendant’s previous address therefore demonstrating they were aware the Defendant had changed address, and purposefully used my previous address to gain a judgement by default.

5. On 12 September 2018, the Claimant wrote to the Defendant stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and therefore had no reason to protect myself against a default judgment.

 

 

Edited by dx100uk
removed address
Link to post
Share on other sites

leave the old N244 ALONE :frusty:

 

this is a SEPARATE DEFENCE STATEMENT to accompany it.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Haha. Sorry. I'm still unsure what i'm submitting. I've completed the N244 as per your instructions. Done

 

The above is the statement or draft defence? I'll put that on separate sheet.


Is it sufficient what I wrote in my previous post?

Link to post
Share on other sites

On 28/11/2021 at 18:35, dx100uk said:

on your ws your 4. remove all, write that the claimant on xxx date wrote to the defendant clearly stating that following a request from the defendant for a copy of the signed agreement with the original creditor, that the claimant replied dated xxxx that one did not exist (exhibit xxx) and you had no reason to believe this situation has changed to date and that the claimant having already written to your new address several times, including required reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an only address to gain a default judgement.

N244

 

On page one of the N244, fill out the Court details and Claim no. The Claimant’s and your details in the top right-hand box and the date (include Claimant’s sols ref if you know them).
 Leave Warrant no. blank (not applicable to your application).

 In para 1 – put your full name in Caps.
 In para 2 – tick Defendant box.

 In para 3 - What order are you asking the court to make and why?, state the following:

 1. The Defendant in these proceedings respectfully requests that the Court make an order to set a side judgment pursuant to CPR 13.2 & 3(2).
 [your reason to set aside.]

 (You can go into further detail at box 10)

 In para 4 – tick yes ( attach Draft Order)

 In para 5 – tick with a hearing box

 In para 6 – leave blank

 In para 7 – leave blank

 In para 8 – put District Judge

 In para 9 – put sols

 In para 9a -put sols Address


 Then fill out the Statement of Truth – sign & date.

 In para 11 – your signature & date.

 Then fill out your full address details & Phone & Fax & E-mail details –(if applicable).

 Serve a copy on the claimants solicitor and retain a hard copy for your file
 

 

it can go into box 10 yes

head it back ground information.

 

If its too big to fit in box 10 , then it becomes a sep sheet and in box 10 state see separate defence statement attached.

make sure you put your details on it so if it gets detached by someone, they know its yours.  also dont forget to do the statement of truth at its end and sign it, like the end of the n244.

  • Like 1
  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Tnx to @andyorch for updating the above, the guide was from a very old post of yours i'd nicked years ago.

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...