Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

[OggMonster]

Received a claim? Yes
Issue Date: 11-9-2017
Amount approx: 350
Claimant: Capquest Investments Limited
Solicitor: Restons
Original Credit: Capital One

Particulars of Claim:
The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One
dated on or about Mar 18 2003 and assigned to the claimant on Nov 30 2012

PARTICULARS a/c no - XXXXXXXXXXXXXX

DATE ITEM VALUE
15/08/2017 Default Balance 350
Post Refrl Cr NIL

TOTAL 350

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
The majority of the debt will be madequate up of missed/late payment fees.

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

Capquest address on claim is stated as
Belvedere,
12 Booth Street
Manchester M2 4AW

But Google gives a Farnborough address.

Which is the correct address to send CCA?

[warwick65]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

Use the address on the claim form.
That is the address of Arrow Global who own Capquest

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

Use the address on the claim form.
That is the address of Arrow Global who own Capquest

Appreciate the response, but I've already posted to the Farnborough address, after finding a similar post about this - they were advised to use the Farnborough address, despite the claim form stating a different one.
Should I print another copy and post to the Manchester address? I've plenty of one pound postal orders, so it'd be great to see how they feel being spammed.

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

Resent CCA to Capquest's Manchester address and SAR to Capital One (with £10 Postal Order).

That's it for the weekend - have a good one, all.

[warwick65]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

Appreciate the response, but I've already posted to the Farnborough address, after finding a similar post about this - they were advised to use the Farnborough address, despite the claim form stating a different one.
Should I print another copy and post to the Manchester address? I've plenty of one pound postal orders, so it'd be great to see how they feel being spammed.

I think you have done the right thing sending to Manchester

I am happy enough to be disagreed with, do you have a link to the other thread for my info

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

I need to start building my defense - if I don't hear back from Capquest in time, do I write as if they have not complied to my request?

[MIKE770]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

you do not do their job for them but use it in your witness statement

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

Letter received from Restons -

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

No response from CapQuest (acknowledgment nor requested files) and my 33 days are up tomorrow (I assume that gives me today to post off my defense, in order for it to be there on Monday.)

Or do I request an extension from Restons/Capquest? (I'm not sure how to do this and guarantee a response within time) or do I just submit my defense, omitting Section 14 of the Example Defence (regarding an extension request)?

[MIKE770]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

why give them more time - ??? their problem, time limits they have to follow

[warwick65]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

You can file your defence online or even by email over the weekend if you want.

As your 33 days are up on a weekend you actually have until 4pm on Monday to file your defence

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

You can file your defence online or even by email over the weekend if you want.

As your 33 days are up on a weekend you actually have until 4pm on Monday to file your defence

I have been unable to do *anything* online as I seem to have been locked out - I called the "Helpdesk" and they should be renamed to just "Desk".

I shall submit my defense via email (once I've posted it here and it's been okay'd), and back it up with a hard copy sent Special Delivery.

One quick thing - in Section 4 of my Defense statement, am I stating Denied or Admitted?
I do not deny that I had a credit card with Crapital One - but I thought I'd closed the account many years ago. It appears there was a small outstanding balance (sub £50), yet their late payment charges and interest have inflated the so called debt to £350+.

I admit to having an agreement, but I deny the amount they're claiming.

I have currently put:

"4. It is admitted that the Defendant has previously entered into an agreement with Original Creditor for provision of credit."

[Diana M]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

You say in your first post that the debt is Statute Barred so how certain are you of that?

It’s always a good idea to include as many legal arguments as possible in a Defence in case one falls down as the proceedings trundle through the system (such as acceptable reconstituted documents).

Di

[OggMonster]

Re: Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

You say in your first post that the debt is Statute Barred so how certain are you of that?

It’s always a good idea to include as many legal arguments as possible in a Defence in case one falls down as the proceedings trundle through the system (such as acceptable reconstituted documents).

Di

Hi Di - Thank you for the prompt response.
I'm 95% sure it's statute barred. I've been married 6 years (on the 1st October 2017) and I know I hadn't made any payment nor acknowledgment since before the big day. But until I receive the SAR documents from Capital One, I cannot be certain.
I do know that the bulk of the alleged debt is due to unlawful penalty charges.

You mention including as many legal arguments as possible - whilst I have an LLB, my career was in Maritime Law/Underwriting, so I'm relying heavily on the example defense.
Do you have any other examples that I can use to bulk up my defense?

Here's where I'm at: