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Capquest v Bowrim

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  • Capquest v Bowrim

    Hi new to this but thanks in advance to anyone who can provide me with any help

    I received county courts papers today from Drysden Fairfax on behalf of Capquest as follows

    CLAIMANT

    Capquest Investments Limited
    Fleet 27
    Rye Close
    Fleet
    Hampshire
    GU51 2QQ

    Address for correspondence

    Drysdensfairfax solicitors
    (the trading name of Drysdens ltd)
    Shire House 2 Humboldt Street
    Bradford BD1 5HQ
    01274 378000

    Defendant

    MY DETAILS

    Particulars of Claim

    1. The claim is for the sum of 773.28
    and is in respect of monies owing
    by the defendant on a mobile telephone
    agreement with Everything Everywhere
    under account XXXXXXX

    The defendant failed to maintain the contractual payments due
    under the terms of the agreement

    2. The debt was legally assigned by
    Everything Everywhere
    to the claimant on 23/09/2011 and notice
    of the assignment was served upon the defendant

    Contact drysdensfairfax solicitors
    on 0113 823 34340


    The Claimant believes that the facts stated in this claim
    form are true and i am duly authorised by the claimant
    to sign this statement

    signed drysdensltd t/a drysdensfairfax


    I have acknowledged the claim on moneywise with intent to dispute all the claim
    I have typed out and printed CPR 31.14 Request for disclosure of specific information

    ready for posting first class recorded delivery Monday morning

    I am stuck from here on not knowing what to do next. I have checked my noodle credit report and there is a account number matching the account number capquest have


    Account start date
    28/07/2008

    Opening balance
    £ 773

    Repayment frequency
    Monthly

    Date of default
    01/12/2009

    Default balance
    £ 773

    Status history
    2014 D
    DF
    D
    DF
    D
    DF
    2013 D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    2012 D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    D
    DF
    2011 D
    DF
    D
    DF
    I have a couple of questions if anyone can help the account number which they state i have an agreement with does not match a closed account from EE


    Account number
    ****2219 0

    Account start date
    28/02/2008

    Account end date
    14/01/2009

    Payment start date
    28/02/2008

    Repayment frequency
    Monthly

    Status history
    2009 ST
    2008 UC
    QY
    Hide previous years


    Secondly i have also read somewhere in the bowels of another thread that the claim forms should of been signed by an individual and not a business i dont know if this has any bearing or not.
    Any help or general direction i should follow will be greatly appreciated.
    Tags: None

  • #2
    Re: Capquest v Bowrim

    First things first then, did you have a mobile phone contract with Everything Everywhere which you defaulted on sometime in 2008 ?

    What approx was the balance at that point and was there a specific reason you stopped payments on the contract ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Capquest v Bowrim

      I had a contract with Orange in 2008 which then changed to EE. I have absolutely no idea what the balance was when i defaulted. I stopped payments for a couple of reasons, the balance was for 1 months use on a personal mobile account which i did not know was running up such a high bill (my fault i know). Secondly i am unemployed and in receipt of disability benefits and esa and cannot afford to pay. Another thing i forgot to mention was on my credit report the capquest account is showing the original address where the contract was taken out (ex wife's) and i have moved 3 times since then, yet the claim forms have been sent to my current address which i have been in since oct 2010. I genuinely cannot recall ever receiving notice of assignment either

      Comment


      • #4
        Re: Capquest v Bowrim

        I have sent off my cpr 31.14 request today, do i just sit back and wait for their reply

        Comment


        • #5
          Re: Capquest v Bowrim

          Originally posted by bowrim View Post
          I have sent off my cpr 31.14 request today, do i just sit back and wait for their reply
          Yes, but don't wait too long. They are supposed to respond in 7 days to such a request. Keep an eye on the timescales to submit your defence to avoid the risk of default judgment. Remember you basically have 33 days as an absolute maximum from the date on the claim. :clock:

          Comment


          • #6
            Re: Capquest v Bowrim

            I have had a reply today off Drysdensfairfax reads as follows

            Account Number XXXXXXX
            We write with reference to the above matter and your recent correspondence regarding the same

            We can confirm that we are seeking instructions from our client and have also requested copy documents which will assist with the case. Your file has been placed on hold until the documents have been received. These will not be received within 7 days as per your request.

            Once all documents have been received from our client we shall write further under a seperate cove, enclosing these documents and allowing you suitable time to file your response.

            Little bit of advice needed as what is my next course of action do i need to inform the court that they cannot supply me with documents as of yet and have not given a time scale to as when they will be sent.

            Comment


            • #7
              Re: Capquest v Bowrim

              Originally posted by bowrim View Post
              I have had a reply today off Drysdensfairfax reads as follows

              Account Number XXXXXXX
              We write with reference to the above matter and your recent correspondence regarding the same

              We can confirm that we are seeking instructions from our client and have also requested copy documents which will assist with the case. Your file has been placed on hold until the documents have been received. These will not be received within 7 days as per your request.

              Once all documents have been received from our client we shall write further under a seperate cove, enclosing these documents and allowing you suitable time to file your response.

              Little bit of advice needed as what is my next course of action do i need to inform the court that they cannot supply me with documents as of yet and have not given a time scale to as when they will be sent.
              Saying your file is 'on hold' is not good enough, since they cannot supply them within 7 days, you need to get them to agree to an extension as per CPR 15.5. Once you get their agreement (email should be fine), you can then notify the court in writing that an extension has been agreed. :typing:

              Agreement extending the period for filing a defence

              15.5
              (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
              (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.
              The 7 days are not "your" request, it's written in the CPR:
              Inspection and copying of documents

              31.15 Where a party has a right to inspect a document–
              (a) that party must give the party who disclosed the document written notice of his wish to inspect it;
              (b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
              (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

              (Rule 31.3 and 31.14 deal with the right of a party to inspect a document)
              Cheeky sods! :mad2: :mad2:

              Comment


              • #8
                Re: Capquest v Bowrim

                +1

                Also keep chasing them by phone (where are they, when will they arrive) and email the details of your calls to them every time for evidence later on.

                Once you gave 11/10 days left apply for an unless order.

                M1

                Comment


                • #9
                  Re: Capquest v Bowrim

                  ​This is what i have just emailed them regarding the letter i received

                  Regarding your letter dated 07 April 2014


                  Under CPR 31.15 you have no more than 7 days from receiving my request for documents and seeing as you say you do not have them in your possession i am asking you to agree to an extension so that i can obtain documents of yourselves and have time to submit my defence. I will need your decision on an agreed extension asap so i can inform the court.

                  Under CPR 31.15
                  31.15 Where a party has a right to inspect a document–
                  (a) that party must give the party who disclosed the document written notice of his wish to inspect it;
                  (b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
                  (c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

                  (Rule 31.3 and 31.14 deal with the right of a party to inspect a document)







                  Agreement extending the period for filing a defence

                  15.5
                  (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
                  (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.


                  Comment


                  • #10
                    Re: Capquest v Bowrim

                    I sent the email off to drysdensfairfax using email address as enquiries@drydensfairfax.com on 09/04 it is now 14/04 and i have received no response from my email requesting that they agree to an extension. What is my next course of action?

                    Comment


                    • #11
                      Re: Capquest v Bowrim

                      Originally posted by bowrim View Post
                      I sent the email off to drysdensfairfax using email address as enquiries@drydensfairfax.com on 09/04 it is now 14/04 and i have received no response from my email requesting that they agree to an extension. What is my next course of action?
                      Give them a ring. :cell:

                      If it comes to submitting an unless order for disclosure, you'll need to detail all the steps you've taken prior to your application, the more proactive you appear to have been, the better it will make you look. :thumb:

                      Comment


                      • #12
                        Re: Capquest v Bowrim

                        I rang drysdensfairfax and have also sent another email to a different email address they gave me. They have still not acknowledged any of my 2 emails i have sent. Do i wait to see if they acknowledge or is there anything else i can do. Thanks for everyone's advice so far it is all greatly appreciated

                        Comment


                        • #13
                          Re: Capquest v Bowrim

                          Originally posted by bowrim View Post
                          I rang drysdensfairfax
                          What did they say? You should mention their lack of compliance and request their agreement to an extension over the phone, then just ask them to confirm that on an email so you can inform the court.

                          Originally posted by bowrim View Post
                          and have also sent another email to a different email address they gave me. They have still not acknowledged any of my 2 emails i have sent. Do i wait to see if they acknowledge or is there anything else i can do. Thanks for everyone's advice so far it is all greatly appreciated
                          Even if they don't acknowledge them, you have the emails you've sent for your records, which can then be included in evidence with your application.

                          If you want to track whether your emails have been opened, you can use this service: http://www.didtheyreadit.com/ It's a paid service but you get 10 messages (emails) free and, unlike other free trials, you don't need to provide any card details. 10 should probably be enough for the purpose. Obviously this would only apply to future emails you send after subscribing to the service, not the ones you've already sent.

                          Comment


                          • #14
                            Re: Capquest v Bowrim

                            They said that they couldn't tell me if the email had been read or not and gave me another email address to write to which i did. I explained what i had said in my email and also requested an extension.
                            Should I be giving my full details over the phone to them DOB etc etc

                            Comment


                            • #15
                              Re: Capquest v Bowrim

                              It won't matter if you do.

                              I'd phone tomorrow to see if this one made it safely.

                              M1

                              Comment

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