Court Claim received for Capquest/Vanquis account

[mystery1]

Re: Claim received for Capquest/Vanquis account

Is that within 28 days of receiving the claim form, or 28-days after you have the CCJ against you?

CCJ

Should I do that now or after I have request the information using the CCA and CPR letters?

I'd do it first. 1. Because to do it after 31.14 makes no sense. To ask for documents contained in a statement of case kind o suggests you accept that the statement of case is valid. 2. It give you more time. 3. The claim is a very small amount and they might throw in the towel if you fight to that level. they won't want much of a fight as costs will eat in to any profit.

If they do amend the document does the process start all over again or do they win outright and I receive the CCJ?

No CCJ until final judgement. This is an early skirmish. If they amend then we keep going.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Thank you, much appreciated.

If I do go down this road is there a chance I could pick-up additional costs in the event I don't defend it?

I will get on this straight if it doesn't result in hefty charges on the amount already being request - Do I send this to both the solicitor and court? Also, Is there a template I could use?

[mystery1]

Re: Claim received for Capquest/Vanquis account

Phone them first of all to request they do it. Send an email confirming details of the conversation so you can use it as evidence later.

M1

[mystery1]

Re: Claim received for Capquest/Vanquis account

Do I simply ask them to have someone sign the form?

Pretty much. "i'm phoning you up because your claim form does not comply with the rules. It doesn't contain a valid statement of truth as per cpr 22 and PD 22. Will you correct it ? or will i have to apply to have it struck out ?"

- Is there anyone in particular I should speak to?

Claim handler although most of these people seem to have a phone and a desk that they never use !! so be prepared to talk to someone else.

And do I send the email to a specific department?

Preferably the person you speak to.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Swell, I will get onto them. Just so I am clear, it is this section you are referring to:

[mystery1]

Re: Claim received for Capquest/Vanquis account

Swell, I will get onto them. Just so I am clear, it is this section you are referring to:

Indeed it is. Obviously read the rules i posted and you can clearly see why.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

I have just spoken to someone at Drydens and they(I took their full name) informed me(after consulting a colleague) that they never sign the forms individually and the court deal with the form; the court are the ones that apply the Drydens signature.

I repeated what she said, after which she then instructed me to ring back tomorrow between 9-5 because she wasn't sure and another department could shed more light.

I found it strange that the court would sign anything on someone's behalf, but she explained that the court sort the notices and they don't touch the form. Surely not?

I pressed her for an email address but she wouldn't provide me with one.

What should I do next?

[mystery1]

Re: Claim received for Capquest/Vanquis account

They never sign the forms, that's how i knew

The court doesn't sign the form. The claimant or their legal representative digitally signs it.

I am surprised you got an answer at this time of night, perhaps it was the cleaner, certainly sounds like it !

They don't "touch" the form. It's electronic. They sign it digitally.

Try and email, using the name you got, firstname.lastname@drydensfairfax.com

Try again in the morning.

M1

[Amethyst]

Re: Claim received for Capquest/Vanquis account

As M1 says

It's a bulk processing centre claim so they will argue Part 7E

''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.''

but the Statement of Truth should still be signed by an individual as per Part 22

"3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer."

And their assertion that the court fill it in for them should be poop as on the MCOL form the guidance states

''You will be asked to confirm that you have read the guidance before you can issue the claim.
When you have read the guidance and you are sure the details you have provided are correct,
tick the box and type your name in the ‘Signature’ box then click ‘Next’. Please note, if you
click ‘Save’ the signature will be removed and you will not be able to proceed to the
next step before re-entering it.''

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Sorry, I'm a little confused here. The image I posted with the digital Drydens signature should definitely be signed by an individual, not the company? I.e. Is that the statement of truth or am I chasing up about the completely wrong section?

I will try the individual's email and call them again tomorrow? If they continue with the same stance what should my next steps be?

[Amethyst]

Re: Claim received for Capquest/Vanquis account

No you are right, it's the signature under the bit that says 'I believe the facts in this xxxx are true'' etc and yes it should be signed by an individual not a company name.

[mystery1]

Re: Claim received for Capquest/Vanquis account

The image I posted with the digital Drydens signature should definitely be signed by an individual, not the company? I.e. Is that the statement of truth

Correct on both points.

I will try the individual's email and call them again tomorrow?

Yes.

If they continue with the same stance what should my next steps be?

Apply to have it struck out.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ok, thanks. I have prepared the following email, which I will send once I get the green light form you guys:

Hi,

I just wanted to follow up on our recent telephone conversation regarding claim form that was sent to me.I am doing this just to have some sort of paper trail to refer to if necessary:


Claim reference: J513384


In our telephone conversation you stated that your company never sign the statement of truth on the Claim notices issued by the court, and that is left to the court.


You also discussed this with a client before once again stating the above.


You also instructed me to telephone your company during 8am - 5pm to get more advice on this.


Thanks,
My Name

Is this email satisfactory, should I add/remove something? Also should I send a similar email to the company email mentioning the colleagues name.

I really do appreciate all the advice.

[mystery1]

Re: Claim received for Capquest/Vanquis account

You also discussed this with a client before once again stating the above.

Not sure what that means ?

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ah, It is supposed to read 'colleague'...that aside is the email good?

I have never typed so much in one day...and I work in tech.