Help With A Capquest Claim, Please

[FlamingParrot]

Re: Help With A Capquest Claim, Please

If I were you, I would acknowledge the claim & submit an 'embarrased' holding defense, stating that the particulars of claim are too vague, & that a request has been made for further information via a CCA s78.
There would be no harm done in also mentioning CPR 31 as well - gives you 2 bites!

PT2537 generally advises against embarrased defences, this is what he's written elsewhere:

So if you file a holding defence instead of pleading your defence properly then you will be putting yourself at risk of an application from the Claimant to strike out your Defence or you may find the Court makes an order of its own motion and strikes you out.

It is important that if you can prepare a defence then you do so. It is also equally important in my view that you use the rules to secure the information that is necessary for you to be able to prepare a defence to the Claim.

Oh, & do not sign with your usual signature. (You can get anti-tamper 'strips' via the internet which you can apply to the letter & sign over them)

This is one of them:

[FlamingParrot]

Re: Help With A Capquest Claim, Please

I might not get a response, right? In which case the defense is simple enough.

They should reply within 14 days

Whom do I make the £1 p/o out to - is it Capquest or their legal team, HL, the people I'm supposed to send all documents to?

I've always left them blank.

Thanks for explaining the procedure, Charity. I especially note that I should avoid giving them my signiture plain.
M1 - the particulars of the claim are exactly what I have written in the post, nothing else.

I will acknowledge the claim. Is it best to hold off on my defence until in know what their s78 response is going to be? I will be keeping my eye on the calendar!!

You should acknowledge the claim and tick the box stating your intention to defend in full. You can't draft a defence without documents, so it is best to hold off on your defence. Did you send a CPR 31.14 request for documents?

[FlamingParrot]

Re: Help With A Capquest Claim, Please

Ahh, this is the question that I wanted to ask...It's about statutory barred. I don't know for sure when my last payment was, but I estimate that this case has under a year (poss only 6 months) before it is SB. It got passed quickly to some DCA, and I know I never paid any of the DCAs. Do they need to get a judgement within the time frame or do they just need to commence the proceedings before the six years? Does the claim form count as commencement? Thanks!

They need to issue proceedings before the 6 years, the claim IS the commencement of proceedings.

[manythanks]

Re: Help With A Capquest Claim, Please

Thanks for all of your help, FlamingParrot.

I haven't made a CPR 31.14 request. I haven't made any contact with CapQuest or any other DCA. I didn't do anything because I didn't take it seriously. Should I also add a CPR request to the letter? I thought that I could only ask them for the documents mentioned in the POC. As you can see from my opening post, the POC is skant on the details. Thanks.

Edited to add - I have just returned my AoS online.

[charitynjw]

Re: Help With A Capquest Claim, Please

PT2537 generally advises against embarrased defences, this is what he's written elsewhere:

So if you file a holding defence instead of pleading your defence properly then you will be putting yourself at risk of an application from the Claimant to strike out your Defence or you may find the Court makes an order of its own motion and strikes you out.

It is important that if you can prepare a defence then you do so. It is also equally important in my view that you use the rules to secure the information that is necessary for you to be able to prepare a defence to the Claim.

Hi FP,

Would it not be better to defend on the basis of the PoC being vague?
It highlights the other party's incompetence from the word go, doesn't it?

[manythanks]

Re: Help With A Capquest Claim, Please

Hello everybody!

I am ready to go ahead with the s78 request - should I include the C31.14 request in the same letter?

Is a C31.14 request free?

[mystery1]

Re: Help With A Capquest Claim, Please

Sure, why not ? A little note on the bottom Also enc :- s78 request Also enc :- cpr 31.14 request

It's free.

M1

[manythanks]

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?

[mystery1]

Re: Help With A Capquest Claim, Please

No but it's not fatal. Could come in handy though if it ever makes it to court.

M1

[manythanks]

Re: Help With A Capquest Claim, Please

Thanks, M1...Another red flag for CapQuest, lol!

So I've sent those requests off by recorded delivery, £1 postal order (blank) included.

I have copies. I will let you know what happens next. It feels a lot better to be taking this on!

[TUTTSI]

Re: Help With A Capquest Claim, Please

Looks like CAPQUEST are sending out court claims trying to make a killing before xmas, this is the 2nd thread in last week with a court claim.

When you send the letter do not sign in your usual signature.... they have been known to copy this.

Many moons ago I had a run in with CAPQUEST they could not provide me with the documents which I requested, but continually harassed me. Eventually, I wrote to the head honcho at CAPQUEST and told them to stop harassing me, I got a very nice letter back and they backed off completely and I never heard another word since. It is well over 6 years now so it is well out of time. If they don't have the relevant paperwork to satisfy your request they will NOT be able to proceed to court.

[manythanks]

Re: Help With A Capquest Claim, Please

Hello there, tuttsi, yes - it smells of desperation and a quick buck! I wonder if CapQuest find more success this time of the year: people already have one mind on Xmas, who needs more stress?

I used the anti-tampering strip kindly supplied overleaf and I also signed my name without the usual flourishments!

[manythanks]

Re: Help With A Capquest Claim, Please

Hello everybody. It's been 14 days plus 2 since I sent the CCA request and the CPR request. I haven't received any response from CapQuest or their solicitors. Do I now ring the solicitors and inquire where they are and ask for a defence extension? Do I ask for them to write a letter of confirmation about the defence extension or will an email do? Do I then just send their agreement for an extension to the courts, with a covering letter? Should this be a copy of the original or the original? Thanks, all.

[mystery1]

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?

I misread that. It is ok and indeed if the claim is via MCOL then there is no other way of doing it.

Hello everybody. It's been 14 days plus 2 since I sent the CCA request and the CPR request. I haven't received any response from CapQuest or their solicitors. Do I now ring the solicitors and inquire where they are and ask for a defence extension? Do I ask for them to write a letter of confirmation about the defence extension or will an email do? Do I then just send their agreement for an extension to the courts, with a covering letter? Should this be a copy of the original or the original? Thanks, all.

A polite enquiry about s78 perhaps as you don't really want compliance.

A phone call about 31.14 absolutely. Make sure you speak to the claim handler and if they say they don't have them as how x signed a statement of truth and had an honest belief in it's truth without sight of the documents.

M1

[manythanks]

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!