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Court Claim received for Capquest/Vanquis account

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  • #61
    Re: Claim received for Capquest/Vanquis account

    Just write in box 10 see attached witness statement. Yes send everything including exhibits.

    It's not quantity but quality. If it needs saying, say it if not shut up

    5 days service from date on form + 14 to defend and 14 more if AoS is filed. I think you are well inside the time. Once the application is received by the court the action is pretty much suspended until you hear from the court.

    M1

    Comment


    • #62
      Re: Claim received for Capquest/Vanquis account

      Right, everything is in place now. Just one last thing for your consideration:

      i've added in the following to my draft order:

      UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Rules section 22 and practice direction 22.

      Is this OK? or should i drop it?


      UPON reading the Defendant’s Application Notice dated 11th March 2014 and the witness statement of Defendant


      And




      UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Rules section 22 and practice direction 22.


      IT IS ORDERED THAT:


      1: The Claimant shall by 4pm on 18th 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 15th 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.

      Comment


      • #63
        Re: Claim received for Capquest/Vanquis account

        That's in the draft order so will be fine

        M1

        Comment


        • #64
          Re: Claim received for Capquest/Vanquis account

          Great stuff, I'm now ready to go. Will print off and send at dinner time. Fingers crossed.

          Once again; thanks for all your help.

          Comment


          • #65
            Re: Claim received for Capquest/Vanquis account

            If you ring the court you can pay the application fee over the phone and send the application by email to:
            ccbcfees@hmcts.gsi.gov.uk
            Fill in the n224, print it off to sign, re-scan it in PDF format and attach to email.

            Comment


            • #66
              Re: Claim received for Capquest/Vanquis account

              Originally posted by panther12 View Post
              If you ring the court you can pay the application fee over the phone and send the application by email to:
              ccbcfees@hmcts.gsi.gov.uk
              Fill in the n224, print it off to sign, re-scan it in PDF format and attach to email.
              Thanks for the heads-up, however it's all packaged up and ready to go.

              I am simply trying to drag this out as long as possible to get the money together to pay it. I don't expect this order to get it struck out(though that would be perfect), I am just trying to delay the judgement.

              Comment


              • #67
                Re: Claim received for Capquest/Vanquis account

                Ok, I've sent all the documents to the court. What should I be doing in meantime? And is there any way I can check the status of my order?

                I don't want to just let it be and the judgement goes against me...

                Comment


                • #68
                  Re: Claim received for Capquest/Vanquis account

                  You will be contacted by the court.

                  You can prepare for further action after this but for this part you need to wait on the court.

                  It'll be 3 weeks at least before any hearing and i'd expect longer. However a judge may rule without a hearing in which case i'd expect you win on the point as you've asked for a hearing and it'd be nuts not to give you a hearing unless they agree with your application.

                  M1

                  Comment


                  • #69
                    Re: Claim received for Capquest/Vanquis account

                    Superb, another payday will see me right to pay the amount they're asking for at present so three weeks would be great.

                    IF they grant me an hearing what will I do then?

                    Comment


                    • #70
                      Re: Claim received for Capquest/Vanquis account

                      Go along present your case and claim your costs.

                      M1

                      Comment


                      • #71
                        Re: Claim received for Capquest/Vanquis account

                        Originally posted by mystery1 View Post
                        Go along present your case and claim your costs.

                        M1
                        Christ, that sounds daunting. I've been in a courtroom on jury service and that made me nervous.

                        Comment


                        • #72
                          Re: Claim received for Capquest/Vanquis account

                          Not really. There won't be wigs and gowns and all that nonsense.

                          All you'll be doing is pointing out the rules which is basically what you've already done and making sure they know you should get costs.

                          Yes you'll need andrex but the buzz afterwards if you get the correct results will feel great.

                          M1

                          Comment

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                          SHORTCUTS


                          First Steps
                          Check dates
                          Income/Expenditure
                          Acknowledge Claim
                          CCA Request
                          CPR 31.14 Request
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                          Example Defence
                          Set Aside Application
                          Directions Questionnaire



                          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                          NOTE: If you receive a court claim note these dates in your calendar ...
                          Acknowledge Claim - within 14 days from Service

                          Defend Claim - within 28 days from Service (IF you acknowledged in time)

                          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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