Capquest v Bowrim

**Amethyst** · 29th March 2014, 16:57:PM

Re: Capquest v Bowrim

First things first then, did you have a mobile phone contract with Everything Everywhere which you defaulted on sometime in 2008 ?

What approx was the balance at that point and was there a specific reason you stopped payments on the contract ?

**bowrim** · 29th March 2014, 17:11:PM

Re: Capquest v Bowrim

I had a contract with Orange in 2008 which then changed to EE. I have absolutely no idea what the balance was when i defaulted. I stopped payments for a couple of reasons, the balance was for 1 months use on a personal mobile account which i did not know was running up such a high bill (my fault i know). Secondly i am unemployed and in receipt of disability benefits and esa and cannot afford to pay. Another thing i forgot to mention was on my credit report the capquest account is showing the original address where the contract was taken out (ex wife's) and i have moved 3 times since then, yet the claim forms have been sent to my current address which i have been in since oct 2010. I genuinely cannot recall ever receiving notice of assignment either

**bowrim** · 31st March 2014, 12:19:PM

Re: Capquest v Bowrim

I have sent off my cpr 31.14 request today, do i just sit back and wait for their reply

**FlamingParrot** · 2nd April 2014, 21:32:PM

Re: Capquest v Bowrim

Originally posted by bowrim View Post

I have sent off my cpr 31.14 request today, do i just sit back and wait for their reply

Yes, but don't wait too long. They are supposed to respond in 7 days to such a request. Keep an eye on the timescales to submit your defence to avoid the risk of default judgment. Remember you basically have 33 days as an absolute maximum from the date on the claim. :clock:

**bowrim** · 9th April 2014, 13:42:PM

Re: Capquest v Bowrim

I have had a reply today off Drysdensfairfax reads as follows

Account Number XXXXXXX
We write with reference to the above matter and your recent correspondence regarding the same

We can confirm that we are seeking instructions from our client and have also requested copy documents which will assist with the case. Your file has been placed on hold until the documents have been received. These will not be received within 7 days as per your request.

Once all documents have been received from our client we shall write further under a seperate cove, enclosing these documents and allowing you suitable time to file your response.

Little bit of advice needed as what is my next course of action do i need to inform the court that they cannot supply me with documents as of yet and have not given a time scale to as when they will be sent.

**FlamingParrot** · 9th April 2014, 14:59:PM

Re: Capquest v Bowrim

Originally posted by bowrim View Post

I have had a reply today off Drysdensfairfax reads as follows

Account Number XXXXXXX
We write with reference to the above matter and your recent correspondence regarding the same

We can confirm that we are seeking instructions from our client and have also requested copy documents which will assist with the case. Your file has been placed on hold until the documents have been received. These will not be received within 7 days as per your request.

Once all documents have been received from our client we shall write further under a seperate cove, enclosing these documents and allowing you suitable time to file your response.

Little bit of advice needed as what is my next course of action do i need to inform the court that they cannot supply me with documents as of yet and have not given a time scale to as when they will be sent.

Saying your file is 'on hold' is not good enough, since they cannot supply them within 7 days, you need to get them to agree to an extension as per CPR 15.5. Once you get their agreement (email should be fine), you can then notify the court in writing that an extension has been agreed. :typing:

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

The 7 days are not "your" request, it's written in the CPR:

Inspection and copying of documents

31.15 Where a party has a right to inspect a document–
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

Cheeky sods! :mad2: :mad2:

**mystery1** · 9th April 2014, 16:00:PM

Re: Capquest v Bowrim

+1

Also keep chasing them by phone (where are they, when will they arrive) and email the details of your calls to them every time for evidence later on.

Once you gave 11/10 days left apply for an unless order.

M1

**bowrim** · 9th April 2014, 17:59:PM

Re: Capquest v Bowrim

This is what i have just emailed them regarding the letter i received

Regarding your letter dated 07 April 2014

Under CPR 31.15 you have no more than 7 days from receiving my request for documents and seeing as you say you do not have them in your possession i am asking you to agree to an extension so that i can obtain documents of yourselves and have time to submit my defence. I will need your decision on an agreed extension asap so i can inform the court.

Under CPR 31.15
31.15 Where a party has a right to inspect a document–
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

**bowrim** · 14th April 2014, 09:30:AM

Re: Capquest v Bowrim

I sent the email off to drysdensfairfax using email address as enquiries@drydensfairfax.com on 09/04 it is now 14/04 and i have received no response from my email requesting that they agree to an extension. What is my next course of action?

**FlamingParrot** · 14th April 2014, 10:13:AM

Re: Capquest v Bowrim

Originally posted by bowrim View Post

I sent the email off to drysdensfairfax using email address as enquiries@drydensfairfax.com on 09/04 it is now 14/04 and i have received no response from my email requesting that they agree to an extension. What is my next course of action?

Give them a ring. :cell:

If it comes to submitting an unless order for disclosure, you'll need to detail all the steps you've taken prior to your application, the more proactive you appear to have been, the better it will make you look. :thumb:

**bowrim** · 15th April 2014, 11:10:AM

Re: Capquest v Bowrim

I rang drysdensfairfax and have also sent another email to a different email address they gave me. They have still not acknowledged any of my 2 emails i have sent. Do i wait to see if they acknowledge or is there anything else i can do. Thanks for everyone's advice so far it is all greatly appreciated

**FlamingParrot** · 15th April 2014, 11:37:AM

Re: Capquest v Bowrim

Originally posted by bowrim View Post

I rang drysdensfairfax

What did they say? You should mention their lack of compliance and request their agreement to an extension over the phone, then just ask them to confirm that on an email so you can inform the court.

Originally posted by bowrim View Post

and have also sent another email to a different email address they gave me. They have still not acknowledged any of my 2 emails i have sent. Do i wait to see if they acknowledge or is there anything else i can do. Thanks for everyone's advice so far it is all greatly appreciated

Even if they don't acknowledge them, you have the emails you've sent for your records, which can then be included in evidence with your application.

If you want to track whether your emails have been opened, you can use this service: http://www.didtheyreadit.com/ It's a paid service but you get 10 messages (emails) free and, unlike other free trials, you don't need to provide any card details. 10 should probably be enough for the purpose. Obviously this would only apply to future emails you send after subscribing to the service, not the ones you've already sent.

**bowrim** · 15th April 2014, 17:49:PM

Re: Capquest v Bowrim

They said that they couldn't tell me if the email had been read or not and gave me another email address to write to which i did. I explained what i had said in my email and also requested an extension.
Should I be giving my full details over the phone to them DOB etc etc

**mystery1** · 15th April 2014, 21:34:PM

Re: Capquest v Bowrim

It won't matter if you do.

I'd phone tomorrow to see if this one made it safely.

M1

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Capquest v Bowrim