Court Claim received for Capquest/Vanquis account

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ah right, well with hearing it is then.

I am just running through the forms now, I will undoubtedly need advice on all three, especially the witness statement and the N244.

Sorry to be such a pain.

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Apologies for the delay. I've prepared the Draft Order:

IN THE NORTHAMPTON COUNTY COURT


Claim No. XXXXXXXX

BETWEEN:
Drydens Fairfax Solicitors
Claimant
- and –
Defendant
XX XXXXX XXXXX

_________________________________

ORDER
_________________________________


Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014
_***

UPON reading the Defendant’s Application Notice dated 10th March 2014.

And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 22.1(6)
IT IS ORDERED THAT:

1: The Claimant shall by 4pm on 17^th March 2014 (7 days from the date of this order) provide the Defendant a claim notice signed by an individual representative of Drydens Fairfax Solicitors.

2: If the Claimant fails to comply with paragraph 1 the Claim shall stand struck out without further order.

3: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on 7^th April 2014. (21 days after compliance with para 1)

4: The Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.

What should I do to improve this?

Thanks,
D

[mystery1]

Re: Claim received for Capquest/Vanquis account

IN THE NORTHAMPTON COUNTY COURT


Claim No. XXXXXXXX

BETWEEN:
Drydens Fairfax Solicitors
Claimant
- and –
Defendant
XX XXXXX XXXXX

_________________________________

ORDER
_________________________________


Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014
_***

UPON reading the Defendant’s Application Notice dated 10th March 2014 and the witness statement of xxxxxx

And


IT IS ORDERED THAT:

1: The Claimant shall by 4pm on 17^th March 2014 (7 days from the date of this order) provide the Defendant with particulars of claim verified with a statement of truth as per the civil procedure rules section 22 and practice direction 22.

2: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on 14^th April 2014. (28 days after compliance with para 1)

3. The claimant do produce any documents mentioned in the particulars of claims within 7 days of the new particulars of claim as per cpr 31.14

4: If the Claimant fails to comply with the order the Claim shall stand struck out without further order.

5: The Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.


M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

OK, brilliant. Many thanks for that.

I have just noticed I have put Drydens as the claimant, when it is indeed Capquest that is the claimant, do I need to amend anything as a result (other than the opening section)?

I have a few more questions before I print and sign this:

BETWEEN:
CAPQUEST INVESTMENTS LIMITED
Claimant
- and –
Defendant
XX XXXXX XXXXX

Do I omit the Claimant and Defendant text, or put them in brackets next to the names?

- Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014

Is this dated by the courts or am i required to fill the blanks.

3. The claimant do produce any documents mentioned in the particulars of claims within 7 days of the new particulars of claim as per cpr 31.14

Does this apply to my situation?

Thanks,
D

[mystery1]

Re: Claim received for Capquest/Vanquis account

Yes. You haven't asked yet so you're merely asking for them. If you're in doubt delete it if you feel more comfortable.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Ok, cheers. I have amended the order.

What am I doing about the date in this section:

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014
_***

IN THE NORTHAMPTON COUNTY COURT


Claim No. A4XE1087


BETWEEN:


CAPQUEST INVESTMENTS LIMITED


- and –


(Claimant)


_________________________________


ORDER
_________________________________








Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014
_***


UPON reading the Defendant’s Application Notice dated 10th March 2014 and the witness statement of (Claimant)


And




IT IS ORDERED THAT:


1: The Claimant shall by 4pm on 17^th March 2014 (7 days from the date of this order) provide the Defendant with particulars of claim verified with a statement of truth as per the civil procedure rules section 22 and practice direction 22.


2: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on 14^th April 2014. (28 days after compliance with paragraph 1)


3: If the Claimant fails to comply with the order the Claim shall stand struck out without further order.


4: The Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Witness Statement:

IN THE NORTHAMPTON COUNTY COURT


Claim No. A4XE1087


BETWEEN:

CAPQUEST INVESTMENTS LIMITED

- and –

(Defendant)

_________________________________



WITNESS STATEMENT OF (Defendant)
_________________________________







I (Defendant)of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows:

1. I make this Witness Statement in support of the application for an order that the claimant shall provide the Defendant with particulars of claim verified with a statement of truth as per the civil procedure rules section 22 and practice direction 22.

2: CPR rule 32.22 states:

22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case;


(6) The statement of truth must be signed by –
(a) in the case of a statement of case, a response or an application –
(i) the party or litigation friend; or
(ii) the legal representative on behalf of the party or litigation friend

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).


The Defendant is therefore entitled to a claim form with the particulars of claim verified with a statement of truth as per the civil procedure rules section 22 and practice direction 22.


3. On 4^th March and 6^th March 2014, I contacted Drydens Fairfax (Claimant’s solicitors) by telephone and requested that they amended the statement of truth in accordance with civil procedure rules section 22 and practice direction 22.

On the first occasion that I contacted the claimants solicitors I spoke to a (Drydens Rep) regarding the matter in question.

(Drydens Rep) went on to inform me that the firm never sign the claim forms with an individual representative, but always sign it with the company’s name.

(Drydens Rep) also advised me to ring back during the hours of 8am – 5pm to get guidance from an individual better versed in such matters.

I followed up this phone call with an email overviewing the telephone conversation [EXHIBIT 1]

-----

On the second occasion that I contacted the claimant’s solicitors I spoke to an individual named (Drydens Rep) regarding my request.

After briefing (Drydens Rep) on my request he then liaised with the litigation department at Drydens Fairfax. Once he had spoken to the litigation department he informed me that the company will not be amending the signature on the claim form and that I should continue on with my defence.

I followed up this phone call with an email overviewing the telephone conversation [EXHIBIT 2]


Statement of Truth



I, (Defendant), the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________



Dated: 10^th March 2014

[PippinJ]

Re: Claim received for Capquest/Vanquis account

I am getting on with the n244 form now - what should I put in the following sections?

3. What order are you asking the court to make and why

6. How long do you think the hearing will last?

Is this time agreed by all parties?

7. Give details of any fixed trial date or period

8. What level of judge does your hearing need?

9. Who would be served with this application?

10. What information will you be relying on, in support of your application?

Starting to worry a little with time now; I completed the AoS this time last week and I don't want to leave it too late. I'm hoping to send these letters special delivery tomorrow morning.

[mystery1]

Re: Claim received for Capquest/Vanquis account

Ok, cheers. I have amended the order.

What am I doing about the date in this section:

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014
_***

You can't predict what day that'll be. Leave a space for it. Even if you enter a date the court should use the date they decide themselves.

M1

[mystery1]

Re: Claim received for Capquest/Vanquis account

Witness Statement:

Rule 32.22 ???

Add in that practice direction 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. 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.

M1

[mystery1]

Re: Claim received for Capquest/Vanquis account

I am getting on with the n244 form now - what should I put in the following sections?



Starting to worry a little with time now; I completed the AoS this time last week and I don't want to leave it too late. I'm hoping to send these letters special delivery tomorrow morning.

3. What order are you asking the court to make and why (3) An order (a draft of which is attached) that the Claimant do verify their statement of case with a statement of truth pursuant to CPR 22 and practice direction 22 3.10 and that the Defendant thereafter do have leave to file a Defence.

6. How long do you think the hearing will last? 30 minutes

Is this time agreed by all parties? no

7. Give details of any fixed trial date or period leave blank

8. What level of judge does your hearing need? District

9. Who would be served with this application? claimant

10. What information will you be relying on, in support of your application? See witness statement

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Great stuff. I will get the N244 sorted once this witness statement is on-point:

I (Defendant)of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows:

1. I make this Witness Statement in support of the application for an order that the claimant shall provide the Defendant with particulars of claim verified with a statement of truth as per the civil procedure rules section 22 and practice direction 22.

2. Practice direction 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.

The Defendant is therefore entitled to a claim form with the particulars of claim verified with a statement of truth as per the civil procedure rules section 22 and practice direction 22.


3. On 4^th March and 6^th March 2014, I contacted Drydens Fairfax (Claimant’s solicitors) by telephone and requested that they amended the statement of truth in accordance with civil procedure rules section 22 and practice direction 22.

On the first occasion that I contacted the claimants solicitors I spoke to a (Drydens Rep) regarding the matter in question.

(Drydens Rep) went on to inform me that the firm never sign the claim forms with an individual representative, but always sign it with the company’s name.

(Drydens Rep) also advised me to ring back during the hours of 8am – 5pm to get guidance from an individual better versed in such matters.

I followed up this phone call with an email overviewing the telephone conversation [EXHIBIT 1]

-----

On the second occasion that I contacted the claimant’s solicitors I spoke to an individual named (Drydens Rep) regarding my request.

After briefing (Drydens Rep) on my request he then liaised with the litigation department at Drydens Fairfax. Once he had spoken to the litigation department he informed me that the company will not be amending the signature on the claim form and that I should continue on with my defence.

I followed up this phone call with an email overviewing the telephone conversation [EXHIBIT 2]


Statement of Truth



I, (Defendant), the Defendant, believe the facts stated within this Witness Statement to be true.




Signed: ________________________________



Dated: 10^th March 2014

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Is the above correct now? I am worried I am going to run out of time...

Thanks,
D

[mystery1]

Re: Claim received for Capquest/Vanquis account

Looks good to me.

M1

[PippinJ]

Re: Claim received for Capquest/Vanquis account

Wunderbar. I figured I'd messed it up and you'd ran out of patience. Is there any points I can add into the witness statement that may support my cause? Other examples of these statements cite previous cases and so on...mine just looks a little bare in comparison.

Do I copy and paste the bulk of the witness statement into my N244 form and send it all off, complete with exhibits?

I completed the AoS Monday past, if I send special delivery to the courts will I be in good time to halt the judgement being made against me?