Help With A Capquest Claim, Please

[manythanks]

Re: Help With A Capquest Claim, Please

Also, she said that I only had until 2nd November to get my defence in.

[mystery1]

Re: Help With A Capquest Claim, Please

I have rang HL solicitors, who wanted to immediately sign-post me to CapQuest about the requests I had made. They confirmed that they are the solicitors acting for CapQuest and that they have received my requests and passed them on. They have no directions from CapQuest to pass onto me.

The woman I spoke to said there was no claims handler, but gave me their legal team's email. She said that I would have to seek an extension for my defence through the courts! I said that I believed that they could agree to my extension. She said that if I wanted my account put on hold then she could arrange this. I replied that I intended to defend the claim in full.

I said I was going to email the legal team with an accurate account of our telephone conversation. She said that I could do this, but it was really CapQuest that I should speak to. On the whole, I got very little joy, lol!

What a bunch of imbeciles. The court require only notification from you of an agreement to extend CPR 15. The court deals with applications and somebody has to pay for them. You should indeed document this. What did she say about the statement of truth ?

November 2nd might be the current date. To keep it simple talk to Capquest.

M1

[manythanks]

Re: Help With A Capquest Claim, Please

Hello, Mystery. She was very careful not to give me any information about anything. Is it a good idea to talk to CapQuest? I thought the idea was to stick to dealing with solicitors, or is this an outdated idea?

Here is what I have written to email the solicitors, as a record of the call. I haven't sent it yet:

Re: CapQuest v me
Ref No xxccc

Today I spoke to Aa, a member of your legal team, about the above litigation case. I asked to speak to the claims handler, and I was informed that no claims handler existed for my case. It was quickly suggested to me that if I wanted to discuss the above matter I should contact CapQuest.


I asked for confirmation as to whether your company were the acting solicitors for CapQuest in my case. You confirmed this. I asked if you had received my S78 and CPR 31.14 requests, as I had received no response to these, and both requests had now passed their legal time frames. You confirmed that you had received these and that you had forwarded them to CapQuest. You stated that you have received no further directions from CapQuest.


I asked you to agree to an extension for me to file my defence. The extension is needed because I cannot possibly file a defence without seeing which documents you claim to be relying on in court. These alleged documents should have been to hand before you issued your claim form. You informed me that I needed to contact the courts if I needed an extension. I queried this. You offered to put my account on hold. I replied that I intend to defend the claim in full.


You gave me CapQuests telephone number and informed me that I had until November 2nd to file my defence.


I intend to take further legal advice. I do not intend to contact CapQuest at this stage. I would like to make another request that you confirm to me in writing that you are willing to agree to an extension for me to file my defence. I can then pass your agreement to the courts. This will give you more time to find the alleged documents that I mention in my S78 and CPR 31.14 requests.


If you do not agree that this is an accurate record of our telephone conversation today then you must inform me of any disagreement.

[mystery1]

Re: Help With A Capquest Claim, Please

In view of the fact that seeking an unless order could be somewhat difficult due to the near certainty that you will end up in small claims i would talk to them. It's not like you are discussing the detail of the case, it's more procedural.

I suspect the harder time you give them the more likely they'll write it of and abandon as the costs of pursuing and being represented will outweigh anything they can possibly win via a successful claim.

M1

[littlebert8]

Re: Help With A Capquest Claim, Please

Another thing that I have noticed: The "Statement of Truth" on the N1 claim form has not been physically signed by the claimant or the claimant's solicitor. A name has been typed into the box - in capital letters. Is this ok?

If it was a N1 from the CCBC, then yes. The claimant would have sent their request electronically, probably part of a batch.

[manythanks]

Re: Help With A Capquest Claim, Please

Thanks for the help, everyone.

M1 - are unless orders not in use in the small claims court? I did not realise this. Should I use the same tack with CapQuest as I did with HL? Should I ask them to agree to my defence extension? rhould I directly ask them to drop their claim to save their own costs or is this inappropriate?

Thanks, littlebert, this was from the bulk centre, so it seems that it is ok.

I have emailed HL with my account of the telephone conversation. I took out the part about not phoning CapQuest. I can ring them tomorrow if this is the best course of action.

[mystery1]

Re: Help With A Capquest Claim, Please

They are but the disclosure rules are not.

http://www.justice.gov.uk/courts/pro...es/part27#27.2

I'd use the same tack.

M1

[manythanks]

Re: Help With A Capquest Claim, Please

Hello, so I rang the number given to me by HL yesterday. It seems to be a direct line number, as it went to an automated answer machine, after declaring that calls would be recorded, etc.

I left a message stating who I was, Ref No, a brief summary of my telephone call with HL, that I needed the 'alleged' documents for my defence, and to email me (email supplied) with an agreement to extend my time for a defence - now urgently needed.

I've just tried the phone No again and it's still on answer machine.

If I do have until 2nd November - this sounds about right to me - can I use MCoL to file it up until this date? Do I notify the courts that I have tried to get an extension? How long should I wait until I start my defence? Let's say that CapQuest agrees to the extension, but I don't hear about it until next week, can I just ring the courts and tell them or does it require CapQuest to write me something official and for me to write officially to the courts? Thanks.

[mystery1]

Re: Help With A Capquest Claim, Please

If I do have until 2nd November - this sounds about right to me - can I use MCoL to file it up until this date?

Yes.

Do I notify the courts that I have tried to get an extension?

No. Unless you make an application to the court for an extension.

How long should I wait until I start my defence?

You should have started to think about it already but you can't do it without the documents really (or if you can then the 31.14 request is pretty much a waste of time)

Let's say that CapQuest agrees to the extension, but I don't hear about it until next week, can I just ring the courts and tell them or does it require CapQuest to write me something official and for me to write officially to the courts?

http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

M1

[manythanks]

Re: Help With A Capquest Claim, Please

I've got through to CapQuest on the direct line. Here's the record of the conversation that I've just had. I've just emailed this record of the phone call to CapQuest:

Re: CapQuest v me
Ref No: xxxc

Today I spoke to Ms xxxx regarding the above litigation case.


I explained that I had spoken to HL Solicitors about the above matter and that they had informed me that I must contact CapQuest if I wished to discuss it. I stated that HL Solicitors had confirmed that my S78 request and CPR 31.14 request had been received by them and that they had forwarded them on to you.


I informed you that the time frame for complying with both requests had now passed. You informed me that a letter had been sent to me on 22nd October by the claim handler, a Mr xxxxx (estimated spelling by you) and that this letter must still be in the post. I replied that I urgently needed to see any alleged documents for the purposes of my defence and that I needed you to agree to an extension for me to file my defence while you supplied them to me.


You then put me on hold while you read the letter and contacted, I believe, Mr xxxxx to ask about extending my defence. You did not share with me the contents of the letter, but implied that it was long. You returned to me and said that you were agreeable to an extension of 28 days. I said that I would notify the court. I asked you why you had started the claim without having these documents to hand - as the protocols state that you should have them (I am assuming that the letter currently in the post will not sufficiently comply with my request). You replied that you are a big company, dealing with a large number of cases, and that it is not always possible to know in advance which cases will require documents. You don't have possession of them.


I stated that I would email you a record of our telephone conversation. If you do not agree that this is an accurate record of what we discussed you must let me know of any disagreement.


Yours Sincerely,

Xxxxxxxx


-----
So they have agreed to the extension. Does my letter to the court need to offer much detail or do I just give the reference details and a line or two about the claimant and defendant both agreeing to another 28 days? Do I need to send by 'signed for' delivery?

Thanks for the help, M1 - I do need the documents for my defence, although I think the vagueness of the POC is also relevant? I would also include their admittance at not having possession of the docs, etc, and any other procedural issues that appear to be at fault. Can I counter claim for costs when I put my defence in or are cost claims not done this way?

[mystery1]

Re: Help With A Capquest Claim, Please

You need to get them to email/fax/write to you and give a date for the extension and supply this to the court when you write to them (forward their email and write yours above it is usually the easiest way)

Dear Sir/Madam,

I write to you to confirm that under cpr 15 the defendant and claimant agree to an extension for filing the defence and that the new date that the defence is due is xxxxxx

Please see below for the claimants agreement.

yours etc


You can only defend the action brought against you. If the POCs are crap, whilst it does hinder you, it also hinders them. If they have to amend then it might cost them. For £300 i don't think they will.

Costs are minimal on the small claims track and you don't counterclaim for them.

M1

[littlebert8]

Re: Help With A Capquest Claim, Please

I would email the court immediately as you have agreed the extension. Keep chasing for written confirmation though.

[manythanks]

Re: Help With A Capquest Claim, Please

Thanks for all the help, advice, support, etc!

I have emailed CapQuest for written confirmation of the agreement and emailed the court to say that an agreement has been made and I will forward the written confirmation to them when I get it.

Just so I have understood this right, I only have to email the court to confirm my extension, including the forwarded written confirmations - I don't need to send a letter to the court through the traditional snail mail? Thanks.

[littlebert8]

Re: Help With A Capquest Claim, Please

No, the court will happily accept email for this and some other types of documents. There is a section in the CPR and practice direction about service by email.

[manythanks]

Re: Help With A Capquest Claim, Please

CapQuest has replied to my email asking for written confirmation of the extension by saying that they don't give this confirmation via email due to 'security reasons' and so they will send me the confirmation through the post.

I have yet to receive the letter they apparently sent to me on the 22nd September.

What's the betting that I won't be getting their confirmation any time soon?!!! Grrr!