Court Claim received for Capquest/Vanquis account

[mystery1]

Re: Claim received for Capquest/Vanquis account

Works for me.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Super. I've sent it. I will give them a ring in the morning and see what their response will be.

Just out of curiosity what was the outcome when you contested this issue?

[mystery1]

Re: Claim received for Capquest/Vanquis account

I didn't as i stay in Scotland so it was struck out because of that.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ah right. Well thanks for all the advice today, I am going to let this be for tonight. I have prepared my CCA and CPR letters in the event they change this signature.

[PippinJ]

Re: Claim received for Capquest/Vanquis account

I've just come across this bit of information:

If the claim was issued from CCBC then it can be signed as a firm and applied by CCBC. If its served from Salford CCMCC then it would require a signature.

[Amethyst]

Re: Claim received for Capquest/Vanquis account

Ahhh, where was that from.

Relevant CPR for bulk processing centre and moneyclaimonline is CPR 7 and accompanying practice notes

• PRACTICE DIRECTION 7C – PRODUCTION CENTRE
• PRACTICE DIRECTION 7E – MONEY CLAIM ONLINE

(c) the signature of the appropriate person (as to which see paragraph 3 of Practice Direction 22) may be in electronic form.

and PD 22 http://www.justice.gov.uk/courts/pro...rt22/pd_part22

and CPR 2.3 http://www.justice.gov.uk/courts/pro...les/part02#2.3

(It's rectifiable btw so don't lose sight of the outcome you want from the claim)

[mystery1]

Re: Claim received for Capquest/Vanquis account

If the claim was issued from CCBC then it can be signed as a firm and applied by CCBC.

Where did you see that ?

http://www.justice.gov.uk/courts/pro...pd_part07e#9.1

PRACTICE DIRECTION 7E – MONEY CLAIM ONLINE

Statement of truth
9.1 Part 22 requires any statement of case to be verified by a statement of truth. This applies to all online forms.

9.3 Attention is drawn to –
(1) paragraph 3 of Practice Direction 22, which provides who may sign a statement of truth; and
(2) rule 32.14, which sets out the consequences of making, or causing to be made, a false statement in a document verified by a statement of truth, without an honest belief in its truth.


Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.



M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Caught it on another forum, just thought wondered what you guys thought of it.

So it does need to be an individual's signature then?

(It's rectifiable btw so don't lose sight of the outcome you want from the claim)

Given their flat-out refusal to agree a payment arrangement out of court, and your advice informing me I struggle to defend the claim successfully I am not sure what outcome I now want from the claim.

I guess I'm now just trying to drag it out as much as possible and hope that something crops up that prevents me receiving the judgement...other than paying the entire amount.

If I can make a myself a nuisance by asking for this signature rectification then at least that's something. I can at least press on with the information request letters once I get somewhere with the signature...

[mystery1]

Re: Claim received for Capquest/Vanquis account

This is a valid thing, it's just that nobody usually does anything about it due to ignorance or not having the gumption to use the rules and force them to behave themselves. In your case, wanting to extend things without it costing you it's perfect. There are potential cost consequences but that is the case in all litigation but as you are in the right it shouldn't cost anything as you'll be awarded your costs if you win provided you ask for them of course.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

This is a valid thing, it's just that nobody usually does anything about it due to ignorance or not having the gumption to use the rules and force them to behave themselves. In your case, wanting to extend things without it costing you it's perfect. There are potential cost consequences but that is the case in all litigation but as you are in the right it shouldn't cost anything as you'll be awarded your costs if you win provided you ask for them of course.

M1

I have just spoke to an individual at Drydens, and after explaining my situation he relayed what I had asked to someone in their litigation department; then once he was through speaking to them he reaffirmed that the statement of truth would never be signed by an individual and thus they will not be amending it.

He told me to press on with my defence as this will not change, and in a rather irritating tone of voice wished me the best of luck.

What should my next step be, they are obviously not budging on this signature...

[mystery1]

Re: Claim received for Capquest/Vanquis account

Make an application to have the particulars of claim struck out.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ok, no problem. I have followed-up my telephone conversation with the chap at Drydens with an email overviewing what we discussed.

Is there a template I can use for this request? And I assume I'm sending it to the courts?

[mystery1]

Re: Claim received for Capquest/Vanquis account

You will be sending it to the courts. It costs £80 with a hearing unless you are exempt from court fees.

You will need a completed n244 form a draft order and a witness statement.

What you doing is different from an unless order but the process http://www.legalbeagles.info/forums/...ion&highlight= is similar

Have a go yourself then post it up minus your details and we'll take it from there.

I'm in the middle of a skeleton argument but will be back later.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

You will be sending it to the courts. It costs £80 with a hearing unless you are exempt from court fees.

You will need a completed n244 form a draft order and a witness statement.

What you doing is different from an unless order but the process http://www.legalbeagles.info/forums/...ion&highlight= is similar

Have a go yourself then post it up minus your details and we'll take it from there.

I'm in the middle of a skeleton argument but will be back later.

M1

No worries, and thanks again for the direction.

I will have a bash at getting the mentioned forms in order - just having a look at the witness form now but will need to do it post work. Who do I get to sign this once complete?

Will I need the hearing or can I go without?

I don't mind paying any of the amounts if there is a realistic chance this can sway things in my favour/get it struck out.

Thanks,
D

[mystery1]

Re: Claim received for Capquest/Vanquis account

You sign it.

With a hearing is best. Costs £80. Without it's £45.

I filed an application without a hearing and whilst i won, the Judge didn't include anything about costs so i've had to make a 2nd application to vary his order and get my costs. It's a pain in the backside. If i was in England/Wales i'd have gone for a hearing.

M1