Capquest Investments limited court claim

[danibabyboo]

Hi I received a claim form for capquest for a debt for £611.00

I accept the debt but since the solicitors would not let me set a real payment plan and was trying to make me pay more than I could afford they are now taking it to court.

My query is I have the court claim letter and on the back it says " If you agree with all the claim and are asking for more time to pay" It then says " Complete the admission form N9A and send it direct to the claimant (see address on the front of the form to which documents are to be sent) Do not send a copy to the court. Entering an admission may result in judgement being entered against you."

Does that mean I do not send the main form back to the courts?

Or do I need to send the court claim form back also the Acknowledgement of service?

I am willing to set a reasonable amount I can afford not what the solicitors state I can afford as I have a child undergoing assessment for Autism and my hours at work are not secure so 1 week I can get up to £100 less than another week. I am currently looking for more secure work.

I am confused as the Acknowledgement of service only gives boxes to tick stating

1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest Jurisdiction

Which box to I tick as I would rather it not go any further.
I tried to call and make arrangements with the solicitors but they just kept telling me fill out their form and they will decide what I pay not me.

Stupid I know I should have kept it in writing.

Any advice is greatly appreciated.

I also have a child in college costing £200 a term in bus passes and another child doing GCSE's at school and the school like to make you buy books for everything.

Thank you in advance.

[nemesis45]

Re: Capquest Investments limited court claim

Hi I received a claim form for capquest for a debt for £611.00

I accept the debt but since the solicitors would not let me set a real payment plan and was trying to make me pay more than I could afford they are now taking it to court.

My query is I have the court claim letter and on the back it says " If you agree with all the claim and are asking for more time to pay" It then says " Complete the admission form N9A and send it direct to the claimant (see address on the front of the form to which documents are to be sent) Do not send a copy to the court. Entering an admission may result in judgement being entered against you."

Does that mean I do not send the main form back to the courts?

Or do I need to send the court claim form back also the Acknowledgement of service?

I am willing to set a reasonable amount I can afford not what the solicitors state I can afford as I have a child undergoing assessment for Autism and my hours at work are not secure so 1 week I can get up to £100 less than another week. I am currently looking for more secure work.

I am confused as the Acknowledgement of service only gives boxes to tick stating

1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest Jurisdiction

Which box to I tick as I would rather it not go any further.
I tried to call and make arrangements with the solicitors but they just kept telling me fill out their form and they will decide what I pay not me.

Stupid I know I should have kept it in writing.

Any advice is greatly appreciated.

I also have a child in college costing £200 a term in bus passes and another child doing GCSE's at school and the school like to make you buy books for everything.

Thank you in advance.

The instruction is clear" do not send the admission to the court". The claimant may say what they Want you to pay but that is usually vastly different to what a defendant can afford.

If you don't want this to go further then use the admission form send a copy to the claimant and the solicitors just for safety you can always prepare an I &E statement to back up the amount you are offering. The offer has to be reasonable, sustainable, and affordable.

nem

[danibabyboo]

Re: Capquest Investments limited court claim

Ah cause the letter states I have to reply to the court in 14 days to acknowledge so I know with Xmas 2 weeks away I did not want to get into trouble with the court as post is going to be awful. I will photo copy the N9A form and send both copy's to claimant and solicitor the form had where I fill in my outgoings and incoming and because my job is a 0 hour contract my hours fluctuate so I just put the happy medium and even with that I have more going out than in. I do not know how I manage with it all.

Thankyou. I have offered £10 a month as I have around £1220 a month coming in due to tax credits being cut due to overpayment from being on a 0 hour contract so only get half I should and have £1250 going out each month. I am looking for more work and applied for loads of jobs recently as I need job security.

Thanks for the prompt reply.

[nemesis45]

Re: Capquest Investments limited court claim

Ah cause the letter states I have to reply to the court in 14 days to acknowledge so I know with Xmas 2 weeks away I did not want to get into trouble with the court as post is going to be awful. I will photo copy the N9A form and send both copy's to claimant and solicitor the form had where I fill in my outgoings and incoming and because my job is a 0 hour contract my hours fluctuate so I just put the happy medium and even with that I have more going out than in. I do not know how I manage with it all.

Thankyou. I have offered £10 a month as I have around £1220 a month coming in due to tax credits being cut due to overpayment from being on a 0 hour contract so only get half I should and have £1250 going out each month. I am looking for more work and applied for loads of jobs recently as I need job security.

Thanks for the prompt reply.

Hi,

Have you not acknowledged service of the claim.

If so do so now at Money Claim Online, (MCOL) do not at this point enter admission or defence you will then have 28 days from the date of issue on the N1 claim form to decide exactly what you want to do, prepare an I & E statement to see what you can reasonably afford to pay.

If you do not acknowledge the claim you will get a CCJ by default.

nem

[danibabyboo]

Re: Capquest Investments limited court claim

No Because it asks me of my intention and I am not sure what I put

It asks what my intention is and the options are

1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest Jurisdiction

[nemesis45]

Re: Capquest Investments limited court claim

No Because it asks me of my intention and I am not sure what I put

It asks what my intention is and the options are

1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest Jurisdiction

Ok tick intend to defend in full at this point!

What is the debt: Credit, Card , Loan, HP, store card?
When did payments cease?
Does it appear on your credit files? Noddle is free online to check.
If you can give me this information then I will make some suggestions as how to proceed.

nem

[danibabyboo]

Re: Capquest Investments limited court claim

It was a littlewoods debt,
I had to cease work at the time due to my child and fell behind on payments
It is on my credit file
Last payment was march 2013
I asked littlewoods since starting work again to take back the debt they said it was already sold and I did not want to deal with bully tactics from debt collectors so stupidly ignored it.

I have every intention of paying it if they allow me to do as I can afford

[danibabyboo]

Re: Capquest Investments limited court claim

Typical MCOL service in unavailable halfway through filling it in.

[nemesis45]

Re: Capquest Investments limited court claim

It was a littlewoods debt,
I had to cease work at the time due to my child and fell behind on payments
It is on my credit file
Last payment was march 2013
I asked littlewoods since starting work again to take back the debt they said it was already sold and I did not want to deal with bully tactics from debt collectors so stupidly ignored it.

I have every intention of paying it if they allow me to do as I can afford

OK , but first let's see if Crapquest actually has anything to back up the claim.

Send Crapquest a request for a copy of the Littlewoods credit agreement (CCA Request) there is a template for this in the green box above.
There is a £1 statutory fee to pay use a Postal Order marked " For Statutory Fee Only" use signed for post and check delivery date.

nem

[danibabyboo]

Re: Capquest Investments limited court claim

Would that not make them harder to arrange a plan I can afford? I really do not want it to go to court.

[MIKE770]

Re: Capquest Investments limited court claim

if necessary long way down the route a Tomlin order could arranged - BUT do not jump the gun

[nemesis45]

Re: Capquest Investments limited court claim

Would that not make them harder to arrange a plan I can afford? I really do not want it to go to court.

This is not going to have any effect on your ability to negotiate any payment plan.

The debt purchasers buy debts with extremely little information and issue claims without having the documentation to back them up.

nem

[danibabyboo]

Re: Capquest Investments limited court claim

So I went to check on claim online on the MCOL website

It made me reregister and will not let me put the claim number and password in to check it says its invalid.

I go through log in
put in details
then it says register personal details, name address postcode,
Then either start new claim or respond which is what I did the day I made this post to respond that I intend to defend

And it says the claim details are wrong and wont show me any claims ongoing!


I thought I could go on to see status

Yes I am losing time but I have just gone through past 2 weeks of assessments for my daughter, in and out of specialists and a diagnosis of Autism so its been a long few busy weeks and this was the last thing I needed.

I will have to ring the court I am guessing to find out next steps?

[danibabyboo]

Re: Capquest Investments limited court claim

So I sent the letters tracked and signed for last Thursday and still they have not been delivered,

Just called the Post office who checked on both items. They told me Capquest is not a registered company at the address that is on the court letter so he believes there is a chance the letter will not be delivered. As it is signed for the business must be addressed to the building.

What does that mean for me

I need to put my defence in by 30th December.
If I do not hear from them do I put that in the defence, do I also add in that the address is not listed for their business and so the post office could not deliver? He told me to call back tomorrow and they can give me a more informative answer.

Also any ideas how to lay out my defence?

[nemesis45]

Re: Capquest Investments limited court claim

So I sent the letters tracked and signed for last Thursday and still they have not been delivered,

Just called the Post office who checked on both items. They told me Capquest is not a registered company at the address that is on the court letter so he believes there is a chance the letter will not be delivered. As it is signed for the business must be addressed to the building.

What does that mean for me

I need to put my defence in by 30th December.
If I do not hear from them do I put that in the defence, do I also add in that the address is not listed for their business and so the post office could not deliver? He told me to call back tomorrow and they can give me a more informative answer.

Also any ideas how to lay out my defence?

Hi What address for Capquest is on the claim form? Farnborough Business Park Hants?

nem