• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

    Originally posted by stevebo View Post
    Hi all had a response today saying they have put it on hold for 28 days whilst they obtain the documentation, what do I need to do now ?
    That's good news. You now need to immediately notify the court that they have agreed to a 28-day extension, stating the new submission date and attaching a copy of their confirmation letter. Then you basically wait to see what happens.

    In the meantime you should start working on the defence and reading up on other cases. As the extension runs out and if you haven't heard you should contact them to check what's happening. Usually you submit a defence by the new due date, but that defence is necessarily stating that you still can't file a full defence as their case has not been adequately pleaded. You can also detail then all the correspondence and how they have failed to deliver, but lets see what - if anything - they produce.

    Keep your powder dry on the offer until we know whether striking a deal is the best option available.

    Comment


    • #32
      Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

      Thanks for the reply, would the new submission date be 28 days from today or the date of the letter?

      Comment


      • #33
        Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

        An extra 28 days from the earlier date for submitting the defence.

        The date of issue is the date the claim form was produced by the court. To that you add 5 days to get the date of service, when the papers were deemed to have been served on you. Providing you acknowledge within another 14 days that gets extended to 28 days. In other words, the defence date is 33 days from the date of issue.

        This agreement to extend adds a further 28 days onto the defence date. The date of this letter isn't relevant for the calculation.

        Comment


        • #34
          Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

          Ah brilliant thanks will do this tomorrow

          Comment


          • #35
            Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

            Sorry to keep banging on about this but I don't want someone to say I may have been right
            All the transactions on my account were over 6 years ago including the charges.
            I started the claim for the charges within the 6 years and capital 1 sent me the letter in post 20 offering a partial settlement. Does this not class as an acknowledgement so giving me 6 years to claim from the date of that letter the same as my dispute letter gives them 6 years to claim even though the the transactions on my account are well over 6 years old
            thanks

            Comment


            • #36
              Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

              They deny any of your claim just offer a goodwill gesture, which isn't acknowledgment of a valid claim though is acknowledgement that you have made a complaint.

              I really don't know how far that would go in court. Limitations gets a bit complicated sometimes.

              But if they come up with a CCA and you want to negotiate you could use the charges as a negotiation point.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #37
                Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                Yeah good points I'm so glad I came on this site I tend to get fixated on a certain track so good to see the arguments against before I go charging in :tinysmile_cry_t:

                Comment


                • #38
                  Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                  Hi there I've got to submit my defence by the 6th and I've heard nothing back so far from capquest or the solicitors can you kind people please advise on the wording I can use for the defence
                  thanks

                  Comment


                  • #39
                    Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                    Originally posted by stevebo View Post
                    Hi there I've got to submit my defence by the 6th and I've heard nothing back so far from capquest or the solicitors can you kind people please advise on the wording I can use for the defence
                    thanks
                    This is a sample defence to start with. Remember that every defence needs to be specific to your case and precisely what has happened, so use this as a guide to structure rather than the content. See what you can do with this as a guide and post up.

                    http://www.legalbeagles.info/forums/...t-Court-Claims

                    Comment


                    • #40
                      Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                      Thanks for that I've got this far
                      1: I received the claim xxxxxx from the Northampton County Court on 8/10/2014

                      2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                      3: This claim is foraCredit cardagreement regulated under the Consumer Credit Act 1974.

                      4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                      5: The particulars of claim fail to state when the agreement was entered into.

                      6. The Claimants statement of case states that the account was assigned from Capital One toCapquest Investments LTD . The Defendant does not recall receiving notice of this assignment.

                      7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                      8: On the 21/6/2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydensfairfax solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

                      9. Drydensfairfax solicitorshas not sent any of these documents to me.

                      10. On the21/10/2014I sent a formal request for a copy of the original agreement to Capital Onepursuant to section78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                      11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

                      12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

                      13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

                      14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                      15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                      16. It is denied that the Claimant is entitled to the relief as claimed or at all.

                      Statement of Truth

                      The Defendant believes that the facts stated in this Defence are true.



                      Signed …………………………………………

                      Dated .................................................. ....


                      Does this sound ok ?

                      Comment


                      • #41
                        Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                        Anyone?

                        Comment


                        • #42
                          Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                          Did you get this sent in okay ? ( looks fine btw - sorry your post was missed - always fine to report or pm someone to look for future ref)
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #43
                            Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                            Yeah thanks just waiting on capquest to respond now

                            Comment


                            • #44
                              Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                              Ahh good, you should be okay till the New Year really xx Have a lovely Christmas.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #45
                                Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

                                Thanks you too

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse
                                1 of 2 < >

                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                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.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                                2 of 2 < >

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X