Capquest County Court Claim Form Received

[Markmaw]

Re: Capquest County Court Claim Form Received

Nope I have not done any PPI claim that could have been used on this as I never had PPi at all

[jon1965]

Re: Capquest County Court Claim Form Received

I have had an extremely cynical thought....If a claim is for over 10K which this would have been then don't different rules apply and isn't it easier to get no win no fee representation?
Now obviously Crapquest will have paid pence in the £ for this so even getting 6K would net them a fat profit.

[Markmaw]

Re: Capquest County Court Claim Form Received

From memory I believe the debt was £4100 or maybe less I have looked for old paperwork but no luck

[FlamingParrot]

Re: Capquest County Court Claim Form Received

I have had an extremely cynical thought....If a claim is for over 10K which this would have been then don't different rules apply and isn't it easier to get no win no fee representation?
Now obviously Crapquest will have paid pence in the £ for this so even getting 6K would net them a fat profit.

A claim over £10k wouldn't be allocated to small claims track and yes, there would be a better chance of getting costs awarded in your favour, which would cover the CFA (no-win-no-fee). But there was no need to argue a payment of £4k (which would mean missing out on £4k out of their CCJ if they won ), when a few hundred quid would have been enough to both bring the balance below the small claims threshold AND reset the SBd clock if that was the intention!

[Markmaw]

Re: Capquest County Court Claim Form Received

I need the solicitor to prove to me that the 4k was actually paid by any means as in bank transfer etc will the CPR form cover this

[littlebert8]

Re: Capquest County Court Claim Form Received

I don't think you can ask for proof of the payment in your CPR 31.14 as the payment is it is not a document explicitly mentioned in their Particulars of Claim.

They are under no obligation to prove the transaction to you at this stage. As far as I can see, its not mentioned in either parties pleadings yet. If you defend on the basis that its statute barred, then it is for the claimant to prove that it isn't.

I agree with the other posters - can't understand why they would fabricate a payment of such a high value. Could you post up a copy or the full text of the letter where they state this?