Court Claim from Azzurro Associates Limited

[waterloo217]

I have received a court claim from Azzurro Associates Limited via Solaris Law for a Capital On Tap business credit card. Due to the death of my business partner and separation from my wife, I have been in a very dark place. My son has special needs. I am autistic and have ADHD. Despite all of this, I know I should have sought help much sooner.

When I spoke to Capital on Tap and explained the situation, they told me "don't worry about this, look after your son and we can sort this out later". I was called by Shire Debt Recovery and told them that I would like to pay it off within 12 months, which they said was fine, but then subsequent callers said that had not been agreed. I then got another letter saying that the debt was being handled by Solaris Law and then this court claim.

The debt is over £40k and I had been hoping to arrange a payment plan from my business, which is still trading, but the court claim is jointly for me and my limited company.

The claim was issued on 26/08/2025 and I put in a service acknowledgment for my personal one on 14/09 and for my business on 16/09., as the court claim had been sent to my registered office and they had not forwarded it on straight away. I said for both that I intended to defend the claim.

If at all possible, I would like to to try to arrange a payment plan through my business, but do not know if I have left it too late to be able to do this, for which I am extremely upset with myself.

Is anyone at all able to help me to work out what my options are please? I feel very stupid and sad.

[echat11]

Hi Waterloo

Welcome to LB

Try not to worry.

I'm assuming that it isn't Regulated by the CCA 1974?


a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence - you've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Capital on Tap and Shire Debt Recovery they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CPR 31.14 request to Solaris Law, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Email Solaris Law state that you are allowing them more time to provide the requested documentation under CPR15.5, once the documentation is received you will file your Defence within 14 days. Make sure you get confirmation from them that they agree to it. This will give you more time to get advice. You can make Offers to settle the matter at any time, i.e. monthly payments. But you must write 'Without Prejudice Save as to Costs' on the letter. This will help you if there is a Hearing / Judgement.

e) This is an example Defence, start looking at it, the CCA 1974 bit's only apply if the agreement is Regulated under CCA 1974.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence, once they respond etc.

[waterloo217]

Thank you so much!

With regard to the CPR 31.14, the Particulars of Claim are as follows:

The Claimant's claim is for the sum of £X being monies due from the Defendants to the Claimant under a Unregulated agreement owed between the 1st Defendant and Guaranteed by the 2nd Defendant to New Wave Capital Limited T/As Capital on Tap and assigned to the Claimant.
Notice of the assignment has been provided to the Defendants. AND the Claimant claims the sum of £X together with interest accruing from the date of this application at the Statutory rate of 8.00%, which is a daily interest rate of £X.
TOGETHER with the costs of this claim.

Am I correct to request:

1. Agreement
2. Notice of Assignment

With regard to the paragraph in red:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

As this was a business credit card for a limited company, which I am just gave a directors personal guarantee for, should I contact Capital on Tap and request a copy of the credit agreement? If so, would I need to change the wording?

I am concerned that I am now approaching the date when I need to file a defence.

The date of the court claim was 26th August. I did not receive the claim form until 14th September. According to Royal Mail, "deliveries to your addresses have been impacted due to resourcing challenges".

I have drafted the following email. Can you confirm that this is correct? Please feel free to change it. Should I also attach a copy of the letter?

Dear Sir or Madam

Re: Court Claim Number: XXXXX

Further to my letter of XX/XX/XX, I am allowing you more time to provide the requested documentation under CPR15.5.

Once I receive the documentation, I shall file my Defence within 14 days.

Please can you confirm that you agree to this?

Thanks so much for all your help

[echat11]

a) Ask for the following:

1. Agreement
2. Notice of Assignment
3. Default Notice

See what they come back with (although the agreement isn't regulated.

2. With regard to the paragraph in red:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

As this was a business credit card for a limited company, which I am just gave a directors personal guarantee for, should I contact Capital on Tap and request a copy of the credit agreement? If so, would I need to change the wording?

Yes, the CCA 1974 doesn't apply so request a copy of the agreement.

I am concerned that I am now approaching the date when I need to file a defence.

You can copy the Court into the email you send to their solicitors. If you don't get a 'swift' response, consider drafting a Defence, use the template above, but remove all references to the CCA 1974 as they don't apply.

The date of the court claim was 26th August. I did not receive the claim form until 14th September. According to Royal Mail, "deliveries to your addresses have been impacted due to resourcing challenges".

That's not going to help, you just need to get your Defence in, if they don't extend, in the next few days.

I have drafted the following email. Can you confirm that this is correct? Please feel free to change it. Should I also attach a copy of the letter?

Dear Sir or Madam

Re: Court Claim Number: XXXXX

Further to my letter of XX/XX/XX, I am allowing you more time to provide the requested documentation under CPR15.5.

Once I receive the documentation, I shall file my Defence within 14 days.

Please can you confirm that you agree to this?

Thanks so much for all your help