Help With A Capquest Claim, Please

[manythanks]

Re: Help With A Capquest Claim, Please

I've tried to do my defence on MCol but it keeps saying that there's a problem with it for technical reasons? I will keep trying, but I'm having a hospital procedure today and will be out for a few hours.

[mystery1]

Re: Help With A Capquest Claim, Please

Phone Northampton and get the email address. I'd ask that they put a note on the case file as i understand the emails are about 2 weeks behind.

M1

[manythanks]

Re: Help With A Capquest Claim, Please

Thanks, M1, I have their email address so I can do that if MCol continues to have problems. I think it could be the Kindle's copy and paste editor because it has had incompatibilities before. I've got somebody coming with a laptop later, but will go the email route and then phone the court if that doesn't work. Got to go out now. Thanks.

[FlamingParrot]

Re: Help With A Capquest Claim, Please

But you cant make a 'positive assertion' in respect of a negative - i.e. that you didn't make a payment during a specified period. Surely, if you were to say that you have no recollection of making a payment or acknowledgement since x, then its up to the claimant to prove otherwise?

Indeed, and that's exactly what I said, it would be up to the claimant to prove otherwise, but what if they do? They must have records of payments. :noidea:

[mystery1]

Re: Help With A Capquest Claim, Please

It is important not to lie. That doesn't mean you can't be wrong/mistaken as long as you don't deliberately lie.

Look at cases such as Harrison v Link http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html

1. Investigation by the Claimant who knows about such things revealed that the notice was sent by second class post. Mrs Worden's own investigations revealed that it was "possible" that this was so. Her manner indicated that this was an elegant way of conceding the point as in my view she had to. Thus subsequent investigation contradicted a hitherto firmly held position of the Defendant that the notice had gone by a suitable post and was served in time. It was not. It was issued and sent by second class post on 3 October 2008 arriving (as was to be expected) on 9 October 2008 and was stated to expire on 21 October 2008. Given the date of delivery, the expiry date should have been 23 October 2008. The notice was bad.

http://legalbeagles.info/wp-content/...Bachellier.pdf

It was asserted by the defence that assignment was improper and a court held it wasn't/didn't matter. The defence still prevailed.



Etc, etc.

Being wrong is ok as long as you had a reasonable belief in an assertion.

If you lie to the court you could go to jail.

M1

[littlebert8]

Re: Help With A Capquest Claim, Please

Hello, FP, I don't have any records, paperwork and my recollection sucks, lol, but I know this is at least 5 and a half years old because I was working when I got the card. It is possible, of course, that it was in the last 6 months that I got the card.

For it to be statute barred, the cause of action needs to be over six years old. In practice this will be a few months after the last payment - when the agreement was defaulted. Have you checked your credit record? Defaults are usually not filed with the CRA until many months after a default notice is issued and the automatically get removed after 6 years.

[manythanks]

Re: Help With A Capquest Claim, Please

Phew, well, I had to email them in the end - the MCoL service was not working on the laptop either! But I am relieved to say that they have got the defence and I have an email saying that they are processing it. I rang the courts as well and I got a very helpful lady this time! I was a bit worried at the last moment that I might also have to send out paper copies, but she said that they will pass it on to the claimant. Phew.

I decided to take out the statute barred reference just to be on the safe side. The rest is totally valid and accurate without a doubt and it's a solid defence anyway. Thanks, M1, and thanks littlebert, FP, charity, and everybody else who came to my aid.

[littlebert8]

Re: Help With A Capquest Claim, Please

Hopefully, crapquest will drop this as I cant see it being worth their while to take it much further.

I suspect they will probably sit on it for a while until they get the paperwork back from Cap1. They will probably send this on to you and have one more attempt to intimidate you into admitting/settling.

Sometimes it can be worth sending a Subject Access Request to the original creditor to see what that turns up. Takes up to 40 days, so isn't much help with preparing a defence, but it could help you find when the last payment was made and what penalty charges were applied to the account. Might also reveal discrepancies with things like dates of assignment. Unfortunately, it also costs £10.

[manythanks]

Re: Help With A Capquest Claim, Please

Here's an update for you! I got the following letter from CapQuest yesterday:

"In addition to our letter to you dated xx October 2013, please note that we have instructed our solicitors to allow our claim to become stayed. This means that no further legal action will be taken at this time. We are committed to resolving this matter with you directly".

Lol, at the last sentence! Thanks again, everybody!

[mystery1]

Re: Help With A Capquest Claim, Please

Dear Capquest,

I read you letter dated xx, I will not allow the claim to become and remain stayed.

Should you wish to discontinue then feel free otherwise i will be making an application under cpr 3.4(2) to have the claim struck out and will seek the costs of such an application.

Yours etc,

You have them by the balls, don't let go.

M1

[littlebert8]

Re: Help With A Capquest Claim, Please

Here's an update for you! I got the following letter from CapQuest yesterday:

"In addition to our letter to you dated xx October 2013, please note that we have instructed our solicitors to allow our claim to become stayed. This means that no further legal action will be taken at this time. We are committed to resolving this matter with you directly".

Lol, at the last sentence! Thanks again, everybody!

That's good news. Well, as good as to be expected anyway. The claim will automatically become stayed 28 days after your defence is served on the claimant and they fail to tell the court they wish to proceed. After that time, all they can do is apply to the court to lift the stay - this will cost them a further fee. Given the value of your claim, they would be foolish to bother with this.

But as usual, these bottom-feeding companies don't give up easilly. I still think they will send you some documents in due course and try again to get you to settle. They may have no incentive to go to trial, but they have no incentive to discontinue either, so this may be hanging over you for some time to come. I had two claims stayed over three years ago, one of them piped up again in September but I managed, with the help of this forum, to get them to discontinue.

I wrote to them outlining the key points still in dispute and offered them the chance to discontinue by consent under a drop-hands settlement I.e. pay our own costs. I threatened to apply to have the claim struck out, but there would have been cost risks for me if I'd lost such an application. In your case, you'd probably on risk your own costs as its almost certainly a small claim case. That said, I do think its tricky to get a claim struck out once you have defended it i.e. the court might conclude that it was good enough for you to respond, therefore there is no reason why it shouldnt proceed to trial in due course.