Capquest County Court Claim Form Received

[Barnaby1]

Re: Capquest County Court Claim Form Received

Hi guys,

The CPR was sent on 31st October but I have not received any of the documents that I requested or even an acknowledgment of the letter.
The acknowledgment of service was issued on 29/10/13 (after 4pm). There was a slight mix up with my maiden name being used but acknowledgement being in married name. This has now been sorted with the court and I have received an email from them saying that I need to file a defence by Tuesday 11th Nov. Is this correct and if so how can I if I have not received a response from Capquest/Drydens detailing why they are claiming against me?

Please help as a bit confused
Barnaby1

[littlebert8]

Re: Capquest County Court Claim Form Received

Get on the phone to Drydens and ask them what they are playing at. You need to get their agreement to extend the period for filing a defence under CPR 15.5. Get them to agree over the phone, but ask for written confirmation and keep a note of the conversation. You can e-mail the court as soon as you have verbal agreement - follow this up with a phone call also as they are probably still in arrears.

[littlebert8]

Re: Capquest County Court Claim Form Received

btw, I dont think this claim relates to the default and termination notices that you posted - the claim shows a short account number of roughly 6-9 characters, whereas the default/termination notices are 16 digit card numbers. Could this be for a loan or overdraft perhaps?

[Barnaby1]

Re: Capquest County Court Claim Form Received

Get on the phone to Drydens and ask them what they are playing at. You need to get their agreement to extend the period for filing a defence under CPR 15.5. Get them to agree over the phone, but ask for written confirmation and keep a note of the conversation. You can e-mail the court as soon as you have verbal agreement - follow this up with a phone call also as they are probably still in arrears.

Tried them tonight but all the legals have gone home for the weekend so will have to call them again on Monday.

[Barnaby1]

Re: Capquest County Court Claim Form Received

btw, I dont think this claim relates to the default and termination notices that you posted - the claim shows a short account number of roughly 6-9 characters, whereas the default/termination notices are 16 digit card numbers. Could this be for a loan or overdraft perhaps?

I am pretty sure the claim is correct as the money being claimed does tie up.

[Barnaby1]

Re: Capquest County Court Claim Form Received

I have just checked my acknowledgment of service and noticed that I ticked to contest jurisdiction! Do not know why I did this. Is this why I am being advised by the court that I only have 14days to provide a defence?
If I ignore this am I correct in saying that it is assumed that I am accepting the courts jurisdiction and I will then have 14 days to submit a defence?

[jon1965]

Re: Capquest County Court Claim Form Received

Hi guys,

The CPR was sent on 31st October but I have not received any of the documents that I requested or even an acknowledgment of the letter.
The acknowledgment of service was issued on 29/10/13 (after 4pm). There was a slight mix up with my maiden name being used but acknowledgement being in married name. This has now been sorted with the court and I have received an email from them saying that I need to file a defence by Tuesday 11th Nov. Is this correct and if so how can I if I have not received a response from Capquest/Drydens detailing why they are claiming against me?

Please help as a bit confused
Barnaby1

If I am right you have longer than that , its 18 days from date of service+14 days for a defence so you would have needed to acknowledge the claim by 11th Nov and then another 14 days to file a defence.

[Markmaw]

Re: Capquest County Court Claim Form Received

Hi Guys

I too have received a County Court claim from Optima Legal acting on behalf of Cap quest for a old debt card with Egg

I have sent the form back to Northampton Court saying I am disputing the claim as I believe this statue barred, I also sent a letter to Optima Legal stating I am disputing their claim as I believe the debt is statue barre, Optima Legal promptly wrote back claiming that my debt was not statue barred as a payment of £4000 had been received by Cap quest on 18 December 2008. I have never paid the said amount. what are my next steps.

Thanks in advance
Markmaw

[jon1965]

Re: Capquest County Court Claim Form Received

Such 4000, Usually its a quid. You will need to put them to strict proof of where the money came from.
I am guessing you have acknowledged and entered your defence. I think that can be amended. Did you send off a cca. Request and also ask optima for copies of the documents in the claim?

[Markmaw]

Re: Capquest County Court Claim Form Received

Hi jon1965

Thanks for your reply what documents do I need to request from Optima and who do I send the cca to, is it optima or capquest or even both

[jon1965]

Re: Capquest County Court Claim Form Received

CCA request to Capquest

DearSirs
Refxxxxxxx
Ihereby formally request a copy of my Consumer Credit Agreement,pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
Irequire you to provide me with a true copy, or reconstituted copy ofthe credit agreement relating to any account you deem to be mine,together with any other documentation the Act requires you toprovide. I expect you to comply fully and properly with this request,within the statutory time limit (12 + 2 days).
Ifit is your view that you are not the creditor, s.175 of the CCA1974applies in the case of a simple assignment, and places a duty uponyou to pass this request to the creditor. In the case of an absoluteassignment, you are a creditor as defined by s.189. If you contendthat 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 isof both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations2008 (CPUTR).
Ialso remind you of your duties, in line with recent OFT Guidance(issued Oct 2010) surrounding Unenforceability, I presume you'reaware that the OFT has stipulated that 'sections 77-79 of theConsumer Credit Act 1974 outline the information creditors mustprovide to debtors under fixed-term, running account & HireAgreements'. This simply means that under these sections a debtor canpay £1 to get:

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

Ifthis information is not provided within 12 working days the debtbecomes 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, pleasefind attached my £1 payment, which is the statutory fee - notethat these funds are not to be used for any other purpose.If you are unable to comply fully and properly with this request, youshould confirm this in writing at the earliest opportunity, andcertainly within the statutory time limit for compliance, and returnthe fee and then remove the incorrect entry from your systems.
Ido, expect the main actions to be dealt with, as matter of course,and look forward to hearing from you within the prescribedtime-scales quoted however, in the meantime, I require that youclarify your position on this point as failure to do so, even byomission or lack of a response, will be regarded as an attempt todeliberately misrepresent or conceal the legal position regardingthis matter to which an appropriate complaint will be made to theOFT.



Yoursfaithfully,






SignDigitally

CPR letter to the solicitor
Dear Sir,

Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court

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

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

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 / the] document(s) mentioned in your Particulars of Claim:

1: the agreement. 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 assignment*

3: the default notice*

4: the termination notice*

5: statement of account*

6: [any other documents mentioned in the Particulars of Claim]*

* delete if not mentioned in the Particulars of claim.

[Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

# delete if claim for a sum exceeding £10,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which 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

Send both of them 1st class royal mail signed for

[FlamingParrot]

Re: Capquest County Court Claim Form Received

Hi jon1965

Thanks for your reply what documents do I need to request from Optima and who do I send the cca to, is it optima or capquest or even both

The CCA request goes to Capquest with a PO for £1, send recorded delivery. The CPR request goes recorded delivery to Optima with a copy to Capquest. Both letters should be signed digitally using a computer font rather than your real signature. :typing:

The letter Jon has posted should have the documents you need to request, which would be the ones on the PoC.

Such 4000, Usually its a quid. You will need to put them to strict proof of where the money came from.
I am guessing you have acknowledged and entered your defence. I think that can be amended. Did you send off a cca. Request and also ask optima for copies of the documents in the claim?

Did you actually submit a defence? Or did you just do the AoS stating your intention to defend in full, and sent a letter to Optima? :confused2:

Hi Guys

I too have received a County Court claim from Optima Legal acting on behalf of Cap quest for a old debt card with Egg

I have sent the form back to Northampton Court saying I am disputing the claim as I believe this statue barred, I also sent a letter to Optima Legal stating I am disputing their claim as I believe the debt is statue barre, Optima Legal promptly wrote back claiming that my debt was not statue barred as a payment of £4000 had been received by Cap quest on 18 December 2008. I have never paid the said amount. what are my next steps.

This is most unusual! :scared: :scared: :scared: How much is the amount claimed?

[Markmaw]

Re: Capquest County Court Claim Form Received

Hi Flaming Parrot

Total amount claimed is £6043.96 of which £190 Court fee & £100 Solicitors costs.

Can I request proof of this £4000 payment with in the CPR letter as this is the reason why they claim the debt is not statue barred even if it was sent in a separate letter from Optima Legal to me.

Thanks

Markmaw

[Markmaw]

Re: Capquest County Court Claim Form Received

Hi jon1965

Thank you for this

Markmaw

[FlamingParrot]

Re: Capquest County Court Claim Form Received

Total amount claimed is £6043.96 of which £190 Court fee & £100 Solicitors costs.

Can I request proof of this £4000 payment with in the CPR letter as this is the reason why they claim the debt is not statue barred even if it was sent in a separate letter from Optima Legal to me.

The CPR 31.14 letter posted above has a line requesting a statement of account.

While it is not uncommon for DCAs to make up phantom payments in an attempt to argue the debt is not statute barred, those are usually small amounts like £1 or £10, ANY payment, no matter how small, would count, so it would be very unusual for them to say you paid £4k! :scared:

You say they are claiming just over £6k, that means the original defaulted amount would have been over £10k, have you got any paperwork regarding to this account such as letters you received demanding payment?

Is there a possibility that a payment was made into this account as a refund for something? I know there was a case on here a few months ago where someone got a refund from a gambling site paid into their defaulted credit card, although the amount was much smaller. :confused2:

Did you ever do a PPI reclaim? :noidea: