Capquest CCJ summons - worried about defending too late

[richard5191]

Hi all,
Newbie here that has been referred to the site by a good friend.
My story is as follows so far!
Beginning of November received a Claim Form from Capquest (Claimant) from Optima Legal Services filed at Northampton CCBC. Amount being claimed was £x in respect of Bank of America Bank Limited. I have absolutely no knowledge of this debt and the summons arrived out of the blue. I sent Northampton Court my Ackowledgment of Service on 12 November stating that I intend to defend all of the claim. I received an email back from them confirming receipt of this. On 16 November I sent both Capquest and Optima my 'prove it' letter requesting a copy of an agreement, the notice of assignment and the default notice (all sent by Recorded Delivery)
I have been waiting for something/anything back from them but up until todays post I haven't received a thing.
Reading through the Claim Form I'm worried that I need to send my defence back to defend the claim within 28 days otherwise judgment will be awarded against me!
Am I correct in my thoughts so far and could anyone be kind enough to point me in the direction of a thread which explains how I need to word the defence that I need to fill in on form NB.
Many thanks in advance if anyone can help me out on this one as I'm scared stiff and this is really ruining what I hoped would be a wonderful Xmas together with my family.
Many thanks, Richard

[Gorang]

Re: Capquest CCJ summons - worried about defending too late

Hi and welcome

FIRST thing to do is NOT WORRY as everything can be dealt with quite easily with letters, emails and phone calls

First important question is
What date is your defence due in to court????

As they have not replied to your request you can ask for a 28 day extension if your date is close


If the due date for your defence is very close (ie. 2 to 4 days) then phone optima and ask them to consent to a 28 day extension for you to file your defence due to them not replying to or fulfilling your request

If they consent then ask them to confirm their agreement to the 28 day extension in writing via an email to you so you can pass this on to the court (don't be flannelled by them if they say they will send the email direct to the court, insist that they send it to you)

If they don't consent then post up here ASAP and we can guide you through your next move

But please answer my questions above so we know what time scale we are looking at to get something in to the court

Also can you post up the request (prove it letter) that you sent to them as you may need to send a CPR 31.14 request instead, but we will not know until we see the wording on the prove it letter you sent asking for the documents