Another Capquest (through OPTIMA) summons, help please.

[mike123]

Hi all,

Not familiar with anything debt related therefore some advice please of my next steps.

Received court summons, it states:

The claimant's claim is in respect of a credit agreement regulated by the consumer credit act 1974 whereby SHOP DIRECT GROUP original creditor provided the defendant with goods on credit with a specified repayment term. The defendant has failed to make payment as agreed. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant. The claimant therefore claims the sum of 1,593.11 plus costs. The claimant has complied with Sections III and IV of the Practice Direction on the Pre-Action Conduct.

My last repayment was on 05/03/2010 and the account according to my credit file defaulted on 04/10/2010 as I had no source of income. Therefore it is within the 6 year time limit. I'm pretty sure the amount was only around £1200 but the rest is probably late fee's and whatever crapquest has added on top. Anyhow, I buried my head in sand and ignored all letters/calls since. I'm currently only a student, so didn't bother to arrange any re-payment plans as I'm only living off a student loan. I most likely did receive a default notice in the past that I thrown away but cannot find so not 100% sure. I did receive a letter from Optima on 17/09/13 suggesting repayment options, and then another from Optima on 17/10/13 stating about legal proceedings and a last chance to stop it etc. I cannot find any letter regarding "notice of assignment" to capquest but again I most likely did receive one in the past that I thrown away. I do not however remember ever signing the "credit agreement" originally sent by SHOP DIRECT GROUP. I remember that they sent one with my first order, but I'm sure I never returned it.

What are my options? Should I send the CPR 31.14 request anyway? Or is the CCA request best as I do not remember signing? The court forum was issued on the 1st, despite me only receiving it today (6th). There is no password supplied either so I cannot acknowledge online. Thanks.

[FlamingParrot]

Re: Another Capquest (through OPTIMA) summons, help please.

What are my options? Should I send the CPR 31.14 request anyway? Or is the CCA request best as I do not remember signing? The court forum was issued on the 1st, despite me only receiving it today (6th). There is no password supplied either so I cannot acknowledge online. Thanks.

Hi and welcome!

First of all, you're not alone. Not only are Crapquest issuing claims like they're going out of fashion, the bulk centre seem to be forgetting to include passwords with their claim forms! However, there's a solution to that problem, as you can see below:

Big hello to all on this thread,
I have had same problem with missing password on claim form, I phoned Northampton bulk centre and was told they accept a scanned image of the completed document sent as an e-mail attachment,
Send to ccbcdefendants@hmcts.gsi.gov.uk with the claim n'o and acknowledgment of service written in the subject heading.
They also would accept by way of a statement of acknowledgment wrote in the same format as in claim pack. (room for error on this so i completed form and scanned etc)
You will get a confirming e-mail that they have Received almost immediately.
Hope this info helps

You have 14 days from the date of claim to acknowledge + 5 days allowed for service, it looks like yours did take that long to arrive. Once you acknowledge and state your intention to defend in full, you'll have a total of 28 days to submit your defence. :thumb:

[FlamingParrot]

Re: Another Capquest (through OPTIMA) summons, help please.

What are my options? Should I send the CPR 31.14 request anyway? Or is the CCA request best as I do not remember signing? The court forum was issued on the 1st, despite me only receiving it today (6th). There is no password supplied either so I cannot acknowledge online. Thanks.

You could send both, as others who have received claims from Crapquest have done.

See CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond, you should still have enough time. :thumb:

Most of those catalogue companies never required customers to sign a credit agreement, so it's likely to be non-existent.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[FlamingParrot]

Re: Another Capquest (through OPTIMA) summons, help please.

The claimant's claim is in respect of a credit agreement regulated by the consumer credit act 1974 whereby SHOP DIRECT GROUP original creditor provided the defendant with goods on credit with a specified repayment term. The defendant has failed to make payment as agreed. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant. The claimant therefore claims the sum of 1,593.11 plus costs. The claimant has complied with Sections III and IV of the Practice Direction on the Pre-Action Conduct.

Below is the CPR 31.14 request for documents mentioned on the PoC, but you should only send it once you've acknowledged the claim. You may have to amend the letter to suit, although most of it should be OK as their PoC have mentioned the 3 key documents requested on the letter.

The letter should be signed using a computer font rather than your real signature. I'd send it recorded delivery to Optima with a copy to Crapquest.

Dear Sirs,


Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Another Capquest (through OPTIMA) summons, help please.

Hi all,

Not familiar with anything debt related therefore some advice please of my next steps.

Received court summons, it states:

The claimant's claim is in respect of a credit agreement regulated by the consumer credit act 1974 whereby SHOP DIRECT GROUP original creditor provided the defendant with goods on credit with a specified repayment term. The defendant has failed to make payment as agreed. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant. The claimant therefore claims the sum of 1,593.11 plus costs. The claimant has complied with Sections III and IV of the Practice Direction on the Pre-Action Conduct.

They are arguing compliance with the Practice Direction on the Pre-Action conduct. Did you ever get a letter before action from Optima?

To comply with the pre-action practice direction, they should have sent a letter before action or letter of claim as noted below:

The pre-action conduct practice direction states: http://www.justice.gov.uk/courts/pro...on_conduct#5.1

7. Exchanging information before starting proceedings

7.1 Before starting proceedings –
(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and
(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

7.4 Annex B sets out the specific information that should be provided in a debt claim by a claimant who is a business against a defendant who is an individual.

ANNEX B

Information to be provided in a debt claim where the claimant is a business and the defendant is an individual

1. Where paragraph 7.4 of the Practice Direction applies the claimant should –

(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(2) state that the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and
(3) inform the defendant that free independent advice and assistance can be obtained from organisations including those listed in the table below.

[mike123]

Re: Another Capquest (through OPTIMA) summons, help please.

Thanks for your advice FlamingParrot.

I shall acknowledge via e-mail as advised, and send both letters.

Most of those catalogue companies never required customers to sign a credit agreement, so it's likely to be non-existent.

If it is non-existent, does that completely wipe out the case? And vice versa, should all forms be returned (without any discrepancies), do I have nothing to defend myself against and therefore should change my decision and accept the debt? Another question - surely as a student with only a student loan thats meant to be for educational purposes, I'd only be required to pay a very low weekly amount until in employment?

They are arguing compliance with the Practice Direction on the Pre-Action conduct. Did you ever get a letter before action from Optima?

Optima did send me a letter on 17/09/13 suggesting repayment options, and then another from Optima on 17/10/13 stating about legal proceedings and a last chance to stop it, therefore I presume this is the "letter before action." This letter did cover critera from section IV that you posted. However, the part that says:

2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

I did not send any reply back to them...

[FlamingParrot]

Re: Another Capquest (through OPTIMA) summons, help please.

If it is non-existent, does that completely wipe out the case? And vice versa, should all forms be returned (without any discrepancies), do I have nothing to defend myself against and therefore should change my decision and accept the debt? Another question - surely as a student with only a student loan thats meant to be for educational purposes, I'd only be required to pay a very low weekly amount until in employment?

That's the whole point, if there is no agreement, they could never make a case, :nono: however, it would be up to you to make the assertion that you never signed one in the first place. Do you remember when you opened this account? Was it before or after April 2007? :confused2:

Your defence would be based on the fact that they can't produce/there was never a credit agreement. :thumb: Under the circumstances, why would you want to admit the debt? If you do, you'll have a CCJ, which, even if you are able to make low repayments towards it, will stay on record for 6 years. :scared:

Optima did send me a letter on 17/09/13 suggesting repayment options, and then another from Optima on 17/10/13 stating about legal proceedings and a last chance to stop it, therefore I presume this is the "letter before action." This letter did cover critera from section IV that you posted. However, the part that says:

2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

I did not send any reply back to them...

I see, it's worth checking in case they are arguing something that they didn't really do. As you didn't reply to their letter, it's probably best to forget this side of things and concentrate on the issues noted above. For now all you need to do is acknowledge as best you can (given the lack of password ) and send the letters, then keep an eye on the clock whilst awaiting their response. :clock:

[mike123]

Re: Another Capquest (through OPTIMA) summons, help please.

That's the whole point, if there is no agreement, they could never make a case, :nono: however, it would be up to you to make the assertion that you never signed one in the first place. Do you remember when you opened this account? Was it before or after April 2007? :confused2:

The debt is mine though, this is more rather finding a technicality to get out of it! But yes, I do not believe I signed it so I will have to wait and see! :tinysmile_grin_t:

I read somewhere on here they sometimes fake signatures etc though. And the account was opened 19/09/2008 according to my credit file if that has any affect.

Thanks for your help.

[mike123]

Re: Another Capquest (through OPTIMA) summons, help please.

Hi again,

I sent both letters that you advised on the 7/11/2013 recorded delivery (the same day I acknowledged the claim). It's been 14 days today and I have not heard any response. What is my next step? Also how long do I have left to file my defence? http://www.justice.gov.uk/courts/nor...sked-questions states "Defence, after filing Acknowledgement of Service: 14 + 14 + 5 = 33 Days in total" so 33 days from the 1st of November (date of issue)?

Thanks.

[FlamingParrot]

Re: Another Capquest (through OPTIMA) summons, help please.

Hi again,

I sent both letters that you advised on the 7/11/2013 recorded delivery (the same day I acknowledged the claim). It's been 14 days today and I have not heard any response. What is my next step? Also how long do I have left to file my defence? http://www.justice.gov.uk/courts/nor...sked-questions states "Defence, after filing Acknowledgement of Service: 14 + 14 + 5 = 33 Days in total" so 33 days from the 1st of November (date of issue)?

Thanks.

I've just posted on this other thread also regarding Crapquest and Optima: http://www.legalbeagles.info/forums/...ost389094:mad:

Basically you need to ring them and ask them to agree to an extension due to non compliance with your CPR 31.14 request, get them to put it in writing so you can then notify the court of the agreement. :typing:

[mike123]

Re: Another Capquest (through OPTIMA) summons, help please.

I've just posted on this other thread also regarding Crapquest and Optima: http://www.legalbeagles.info/forums/...ost389094:mad:

Basically you need to ring them and ask them to agree to an extension due to non compliance with your CPR 31.14 request, get them to put it in writing so you can then notify the court of the agreement. :typing:

Had a week or so of hassle doing this! Initally, I spoke to someone at Optima and was granted an extension, she told me to e-mail her and she'll reply with the extension in writing. 3 days later of no response, I phoned again and the woman had gone on holiday therefore someone else helped me. Their reply was:

As discussed we confirm we will agree to an extension in order for your defence to be filed.
We will allow you another 14 days from the date we send you the documents to file your defence.

Basically she means she hopes to send me the letters within 14 days and then I get an additional 14 days to file my defence from then as the CPR rule states a maximum of 28 days. I forwarded the e-mail to the court defendants e-mail (taking advice from your other posts) and got no response. I chased this up today by telephoning a court clerk who was clearly clueless and was speaking about a tomlin order to agree the extension. Therefore concerned that my date to submit the defence of 4/12/13 is approaching, I phoned Optima again.

The same woman explained that basically after the 4th, Optima would usually notify the court to get the judgement. But due to our agreement, they won't do that just yet. Is this all correct or is she lying? Or does the court just automatically rule judgement because of non-defence and they have not acknowledged my extension yet?

Would appreciate if anyone could reply as the deadline is very very soon.

Kind Regards,
Mike

[mike123]

Re: Another Capquest (through OPTIMA) summons, help please.

Okay I'm going to guess its the first one as I found this on another forum post here:

as long as you can confirm it has been sent, should be no problem as it is the claimant who asks for a judgement by default. but they have just agreed an extension. you also have the email from the solicitor agreeing as well

I have notified the court of the extension on the 29/11/13 and 02/11/13, attempted by phone and just in case I sent a special delivery letter today to ensure they are aware as the deadline is tomorrow. Hope I have done everything right?

[Amethyst]

Re: Another Capquest (through OPTIMA) summons, help please.

Sounds okay to me You are just making doubly trebly sure you have the extension set in stone, which is fine.

[Gorang]

Re: Another Capquest (through OPTIMA) summons, help please.

I spoke to someone at Optima and was granted an extension, she told me to e-mail her and she'll reply with the extension in writing. 3 days later of no response, I phoned again and the woman had gone on holiday therefore someone else helped me. Their reply was:

As discussed we confirm we will agree to an extension in order for your defence to be filed.
We will allow you another 14 days from the date we send you the documents to file your defence.

Basically she means she hopes to send me the letters within 14 days and then I get an additional 14 days to file my defence from then as the CPR rule states a maximum of 28 days. I forwarded the e-mail to the court defendants e-mail (taking advice from your other posts) and got no response. I chased this up today by telephoning a court clerk who was clearly clueless and was speaking about a tomlin order to agree the extension. Therefore concerned that my date to submit the defence of 4/12/13 is approaching, I phoned Optima again.

The same woman explained that basically after the 4th, Optima would usually notify the court to get the judgement. But due to our agreement, they won't do that just yet. Is this all correct or is she lying? Or does the court just automatically rule judgement because of non-defence and they have not acknowledged my extension yet?

Looks like to me that they have NOT gave you a 28 day extension

An extension STARTS from the date your defence was due in to court, NOT from when the claimants finally decides to give you the documents in the year dot

They have gave you 14 days from the date of when they give you a copy of the documents
BUT
they can't do this as they have NOT gave you a date of WHEN they will give you the documents

The extension is for
They have not supplied you with the relevant documents you have asked for, and your defence deadline comes close and they STILL have not supplied the documents, then you have to ask the claimant to agree to a 28 day extension for YOU to submit your defence, BECAUSE the claimant has FAILED to supply you with the documents in the time allowed for them to do so, which DENIES YOU of 1, being able to defend yourself and 2 you being able to get the time that the CPR's ALLOW you to compile your defence

IF the claimant agrees to the extension then you have to get written conformation from them that THEY agreed to it, then you give the written conformation to the court, the court then see BOTH parties agrees to YOU submitting YOUR defence to the courrt 28 days AFTER your defence was originally due into court

IF the claimant won't agree to an extension or DENIES to give you written conformation then you have to either (this derscription is VERY basic for example purposes ONLY)
1, submit a defence (of some kind) to the court on or before your defence is due in to court
2, submit an application to either have the claim struck out or the claimant forced to supply the doc's you have asked for, again this application NEEDS to be submitted to the court on or before your defence is due

BUT

as the claimant has gave you that email above I suspect that the court will take it as the claimant has ONLY agreed to a 14 day extension NOT 28

Have the court confirmed the date when the extension up ??? (which is the date that your defence is NOW due in to court)

Is this all correct or is she lying? Or does the court just automatically rule judgement because of non-defence

Claimants sol's regularly MISSLEAD defendants so they can try to obtain judgement by default due to the defendant NOT submitting a defence or an application

If you don't know the exact date that the extension ends then please phone the court and ask them then post back here

[mike123]

Re: Another Capquest (through OPTIMA) summons, help please.

as the claimant has gave you that email above I suspect that the court will take it as the claimant has ONLY agreed to a 14 day extension NOT 28

I too thought this looked a little confusing, therefore I questioned her and she replied this:

"You are entitled to extend from 04 December 2013, for a further 28 days.

However my point in my email below was we will allow you 14 days from when we send you the documents to enable you enough time to file your defence, before we take any further action.

I trust the above is in order."


So I also forwarded that e-mail onto the court (in e-mail and letter). Would they be be clear of the 28 day extension from the first line?

Or do I need to get her to re-write yet another e-mail and forward that onto the court again? The deadline is today though, so unless they give until the end of the working day?

Have the court confirmed the date when the extension up ??? (which is the date that your defence is NOW due in to court)

Not yet, despite two e-mails, a phone call and a special delivery letter sent yesterday (which they should recieve today, on deadline day).

If you don't know the exact date that the extension ends then please phone the court and ask them then post back here

Tried that initially and got told a load of crap about a Tomlin order. The clerk clearly wasn't aware of CPR rules. I may try again tomorrow on deadline day....

Worst case scenario though, would the court at least be granting me 14 days, which I can then clarify further and forward a new e-mail on to get the additional 14 days?

Thanks for the reply guys.