Capquest Summons court claim received - SUCCESS !

[mystery1]

Re: Capquest Summons received

They should have the documents to hand. The pre action protocols say as much. These should have been pointed out to you as a litigant in person on the letter before claim. Did you get one ?

M1

[Wally]

Re: Capquest Summons received

No - nothing was pointed out to me but I am going to go though all my paperwork and will post back later this evening.

Many thanks for dealing with this for me

Wally

[mystery1]

Re: Capquest Summons received

I'm not sure i've ever seen a letter before claim that does but they are supposed to amongst other things.

http://forums.moneysavingexpert.com/....php?t=4705657



Worth a read regarding letter before claims. The author of the 2nd one is a member of site team here

M1

[Wally]

Re: Capquest Summons received

They said they were sending me a letter to confirm what was said so I will post this up as well once received.

Wally

[Wally]

Re: Capquest Summons received

Not much sleep last night -

letter arrived this morning from cq



saying
We confirm all legal action is currently on hold...
we will not look to take any further legal action until the requested documentation has been provided. we are unable to confirm how long it may take for this documentation to be provided but ww will be in touch in due cause once we are in receipt.

Can they just span it out. I they above the law
Do I let the court know

Wally

[mystery1]

Re: Capquest Summons received

No they can't. File it and ignore for now. Do not change what was happening.

Look for the letter before action.

The court allows for the defendant and the claimant to extend the period for filing defence upto 28 days and no more. They have screwed up.

You are not guaranteed a win because of this but it can help you. Pressure needs to be applied to them. We either need to see the letter before action ,which will be defective, or be pretty sure that you didn't get it (you don't lie in court, ever)

M1

[mystery1]

Re: Capquest Summons received

I have reread your post

Thanks M1

Ok I called HL Legal and collection
The Claiment Solicitor is on long term sick and I have been given another name to email.
They were not available to speak on the phone

The girl I spoke to said they have not got anything on file so I take from that Capquest have not passed it on.

She also said I should be speaking to Capquest as they have no further instructions.

I pointed out the fact they have not complied but I am not sure she understood.

I asked if we could agree an extension but she said - you need to speak to Capquest.

I have there fax number and the case number.

She could not put me through to anyone.

What should I do now ?

Wally

It's is a little unclear to me whether HL have decided to pratt about or are indeed no longer the solicitors on the case. It matters not if the solicitor is on long term sick and in any event it was either a planned absence in which case the workload should have been redistributed or given the recent filing of the claim it is not a long term thing. I wonder if they are trying to kid you by telling you to contact Capquest or if they really have been booted in to touch ?


I've seen the LBA and whilst it's better than some it is woefully inadequate.

I would email Capquest and HL pointing out their failings and making sure they don't take you for a ride.

Dear Sir/Madam

I write in relation to your claim against myself. Having been in touch with x at HL and x at Capquest i am a little unclear as to whether HL are still the solicitors for this case or if Capquest are no longer instructing them. I refer to both the claim form and http://www.justice.gov.uk/courts/pro...l/rules/part42 and confirm that no notice has been received with regard to any changes to the legal representatives in this matter.

X at Capquest has confirmed receipt of my cpr 31.14 request for inspection. http://www.justice.gov.uk/courts/pro...s/part31#31.14

As you can see http://www.justice.gov.uk/courts/pro...s/part31#31.15 "(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice" The notice was received more than 7 days ago. There should be no problem with inspection of the documents as the pre action protocols, which you did not follow, allow for disclosure to take place prior to starting a legal claim. Had you directed me to these, as you were meant to, i would have requested the documents before your claim.

I received a letter from Capquest on xxx stating that they do not have the documents and that they will place proceedings on hold until they are found. This is unacceptable for a couple of reasons. 1. The rules stating the period for filing a defence are http://www.justice.gov.uk/courts/pro...es/part15#15.4 and the rules concerning an extension to this period are http://www.justice.gov.uk/courts/pro...es/part15#15.5 As you can see we can only agree upto a 28 day extension and that is for filing a defence not for you/your client to find documents. There are no rules i can see that allow an indefinite delay. The documents should be available before you file a claim which neatly brings me to point 2. How did x sign a statement of truth without sight of the documents. cpr 22 http://www.justice.gov.uk/courts/pro...l/rules/part22 shows that the claim form needs to be verified with a statement of truth. A statement of truth should be made when the person making it has an honest belief in the truth of those facts Attention is drawn to http://www.justice.gov.uk/courts/pro.../pd_part22#5.1 which shows the various rules for a statement of truth. How can anyone make a statement and have an honest believe in their truth when the documents are unavailable ?

I would also point out that my request for an extension is outstanding. Please confirm the date extended too for any agreement so that i confirm with the court as per the rules.

If you do not agree and/or do not produce the documents with the utmost urgency then i will be forced to apply to the court for an order to compel disclosure in the form of an unless order and will be seeking costs. Of course a consent order to the same effect would be cheaper for you.

In summary, please advise the status of who is actually handling this claim, please let me know when to expect compliance with my 31.14 request, please advise of my extension request and also please advise of the rules by which you seek to park this claim in the court system until you are ready to proceed.

Please note this matter is urgent due to the time constraints of the CPRs so please respond as quickly as possible to avoid an application to the courts and costs being sought. Email me at ................

Yours etc



This is along the lines of what i'd do but feel free to amend as my letter writing skills are not great

M1

[FlamingParrot]

Re: Capquest Summons received

Look for the letter before action.

The court allows for the defendant and the claimant to extend the period for filing defence upto 28 days and no more. They have screwed up.

You are not guaranteed a win because of this but it can help you. Pressure needs to be applied to them. We either need to see the letter before action ,which will be defective, or be pretty sure that you didn't get it (you don't lie in court, ever)

M1

In many cases, the letters before action can be mistaken for standard threats routinely issued by DCAs, which means the OP may think he didn't receive one, because it wasn't worded as such and it may even have been binned or filed away. Some claims are issued without being preceded by a LBA.

[Wally]

Re: Capquest Summons received

Hi

An update - Emailed the letter (M1) to CQ and the Solicitors. So will wait for a reponse to that.

Today received a letter from cp about my request for copy agreement and default notice. Looks standard - but the end paragraph says Please note that you are required to submit your defense by November 2013.

Should I file a defense ?

Thanks in advance

Wally

[FlamingParrot]

Re: Capquest Summons received

Hi

An update - Emailed the letter (M1) to CQ and the Solicitors. So will wait for a reponse to that.

Today received a letter from cp about my request for copy agreement and default notice. Looks standard - but the end paragraph says Please note that you are required to submit your defense by November 2013.

Should I file a defense ?

You can't draft a defence without having sight of the documents, :nono: that's the whole point of requesting them. Presumably this letter was in response to a CPR 31.14 request? :noidea:

What does it say about them supplying the documents? Does it just say "November 2013"? :confused2: If they can't respond in a timely manner, they have to agree to an extension of time, but I believe M1's letter covered that aspect, sounds like your letters have crossed.

[mystery1]

Re: Capquest Summons received

I agree about crossing post/email. After postie tomorrow or at least lunchtime and no post/email phone them. When will they comply and are they giving extension. Last warning before you make an application to compel disclosure or the claim is struck out. Document/confirm the conversation.

Keep the letter.

M1

[Wally]

Re: Capquest Summons received

ok got a letter today in response to the letter and email I sent them.

They confirm that HL Legal are the solicitors representing them but I can also deal with them.

They believe they have answered all my questions and enclose copies of account purchase letter, plus the last two letters.

Thats it apart from reminding me that I need to file my defence by the xx November 2013.

Any ideas what I should do?

Wally

[mystery1]

Re: Capquest Summons received

Well if they haven't complied with your 31.14 request then you need to apply to the court -

1. An order to disclose the documents mentioned in the particulars of claim.
2. For an extension to file a defence to 28 days after they disclose the documents.
3. An order that failure to disclose all the documents, mentioned in the POCs and that you requested disclosure of, within 28 days of the courts order sees the claim automatically struck out.

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

http://www.legalbeagles.info/forums/...highlight=zhan Read from 48 onwards which explains what to do and what to say for the n244 form.

M1

[Wally]

Re: Capquest Summons received

ok that all makes sense and thank you once again. If I did not do this would the court award judgement is this wha cq are hoping for. Based on my telephone conversations and the letters they wrote I would of done nothing. Just for the interest what would happen if I took there word and did nothing?

Wally

[Wally]

Re: Capquest Summons received

The date I have to file a defence is the 2nd November Have I run out of time

Wally