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

[Kafka]

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

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.

[stevebo]

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?

[Kafka]

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.

[stevebo]

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

Ah brilliant thanks will do this tomorrow

[stevebo]

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

[Amethyst]

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.

[stevebo]

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:

[stevebo]

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

[Kafka]

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

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

[stevebo]

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 ?

[stevebo]

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

Anyone?

[Amethyst]

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)

[stevebo]

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

Yeah thanks just waiting on capquest to respond now

[Amethyst]

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.

[stevebo]

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

Thanks you too