Court Claim Capquest Investments Ltd

[siwel]

Re: Court Claim Capquest Investments Ltd

Thanks.

What do I put at the end of this part? What date do I give them to as I need to send a defence before this?

I require your response by 4pm on ???

[Diana M]

Re: Court Claim Capquest Investments Ltd

Also we have a disabled daughter with a life limiting condition so my wife only receives carers allowance as our daughter needs constant care, she has no other income.

From what you say this court claim is in your wife's name and she has no real income other than a carer's allowance for your disabled daughter (please correct me if I've misunderstood your wife's financial situation).

Hopefully that would mean she would be entitled to fee remission if the need arose to make an application to amend her Defence (i.e. it may not cost her anything).

There are different attitudes and approaches to litigation.

My firm likes to get on with things which prevents giving the Claimant extra time to reconstitute documents which they should have had in their possession before they issued legal proceedings in the first place.

You've sent the claimant a valid statutory request (s.77-79 CCA). You've also sent them a valid CPR 31.14 Request. They haven't responded to either of them within the time frame which you are allowed to give them.

Why give them any more time to 'magic up' documents?

My personal view is shared with my boss here >

The longer you let them have to obtain or "reconstitute" documentation the weaker your defence becomes. The quicker you force them into a position where they have to disclose the documentation the easier it is to force them to discontinue or make a mistake. Restons, Howard Cohen, Mortimer Clarke etc will happily stay cases for months because it is giving their client the time to provide the evidence they should have had before they issued the claim in the first place,

You/your wife need to consider her options including filing her Defence on time (according to the court deadline) or not.

Di

[siwel]

Re: Court Claim Capquest Investments Ltd

I am dealing with this on behalf of my wife. Defence would need to be submitted by 6 June as date issued was 4th May so date of service would be 9th May.

Just worried that if we give don't chase them then we will have no proof of the documentation and our defence would then be based on them not providing the information. Do we just wait it out until 6th June?

We don't really want this dragging out and as I work during the day and we have three children, one severely disabled. We wouldn't be able to go court together as she wouldn't know how to fight this effectively.

[pt2537]

Re: Court Claim Capquest Investments Ltd

From what you say this court claim is in your wife's name and she has no real income other than a carer's allowance for your disabled daughter (please correct me if I've misunderstood your wife's financial situation).

Hopefully that would mean she would be entitled to fee remission if the need arose to make an application to amend her Defence (i.e. it may not cost her anything).

There are different attitudes and approaches to litigation.

My firm likes to get on with things which prevents giving the Claimant extra time to reconstitute documents which they should have had in their possession before they issued legal proceedings in the first place.

You've sent the claimant a valid statutory request (s.77-79 CCA). You've also sent them a valid CPR 31.14 Request. They haven't responded to either of them within the time frame which you are allowed to give them.

Why give them any more time to 'magic up' documents?

My personal view is shared with my boss here >



You/your wife need to consider her options including filing her Defence on time (according to the court deadline) or not.

Di

Well filing a Defence has already been advised, equally if it wasnt open to the parties to agree an extension the rules wouldnt allow it. There is no right or wrong answer, sometimes giving enough rope allows them to hang themselves

As for amending the defence not costing anything, i totally utterly disagree, the rules are clear that the party amending their statement of case is generally liable for the costs of and occasioned by, which would leave the Defendant potentially facing having to indemnify the Claimant, there are clear risks which cannot simply be overlooked!!..

[siwel]

Re: Court Claim Capquest Investments Ltd

We have checked our first class recorded letters and the SAR to Next has been signed for, the CCA request to Capquest doesn't show a signature so I guess they haven't signed for it but deemed proof of postage, also Drydens has no signature as well. This worries me as I now question has it got there?

My wife did send a card to a friend recently that was recorded delivery and no signature was online but it was received ok.

[Diana M]

Re: Court Claim Capquest Investments Ltd

if we give don't chase them then we will have no proof of the documentation and our defence would then be based on them not providing the information.

What's wrong with that?

This forum's Defence template/starting point is Prove It Prove It Prove it.

The burden of proof is on the Claimant.

Di

[Diana M]

Re: Court Claim Capquest Investments Ltd

There is no right or wrong answer, sometimes giving enough rope allows them to hang themselves

As for amending the defence not costing anything, i totally utterly disagree, the rules are clear that the party amending their statement of case is generally liable for the costs of and occasioned by, which would leave the Defendant potentially facing having to indemnify the Claimant, there are clear risks which cannot simply be overlooked!!..

I agree.

But I'm also mindful that this is a £800 claim.

Di

[siwel]

Re: Court Claim Capquest Investments Ltd

We have checked our first class recorded letters and the SAR to Next has been signed for, the CCA request to Capquest doesn't show a signature so I guess they haven't signed for it but deemed proof of postage, also Drydens has no signature as well. This worries me as I now question has it got there?

My wife did send a card to a friend recently that was recorded delivery and no signature was online but it was received ok.

Would it be best to resend these letters as no signature showing they have been received? Possibly just saying as I am yet to hear from you please see enclosed copy of the letter previously sent.

[Diana M]

Re: Court Claim Capquest Investments Ltd

Would it be best to resend these letters as no signature showing they have been received? Possibly just saying as I am yet to hear from you please see enclosed copy of the letter previously sent.

Do you have Proof of Posting from your (your wife's) post office?

That should/may be enough to be 'deemed served' in legal terms.

If so, then I see no reason for you to re-send - assuming that the letters/requests you sent were worded correctly to comply with the statutory their obligations etc.

Di

[siwel]

Re: Court Claim Capquest Investments Ltd

Letters were taken from this site as previously posted on here. All letters were sent first class recorded delivery. I may get her to call Drydens to confirm receipt.

[Diana M]

Re: Court Claim Capquest Investments Ltd

As for amending the defence not costing anything,i totally utterly disagree, the rules are clear that the party amending their statement of case is generally liable for the costs of and occasioned by, which would leave the Defendant potentially facing having to indemnify the Claimant, there are clear risks which cannot simply be overlooked!!..

To clarify.

I said any Application made by the defendant to amend her defence may be subject to fee remission.

What happens as a result of her application is anybody's guess

From what you say this court claim is in your wife's name and she has no real income other than a carer's allowance for your disabled daughter (please correct me if I've misunderstood your wife's financial situation).

Hopefully that would mean she would be entitled to fee remission if the need arose to make an application to amend her Defence (i.e. it may not cost her anything).

Di

[Diana M]

Re: Court Claim Capquest Investments Ltd

Letters were taken from this site as previously posted on here. All letters were sent first class recorded delivery. I may get her to call Drydens to confirm receipt.

I wouldn't ask her to talk to Drydens on the phone.

What you need now is a paper trail which can't be disproved.

What can she see on the Royal Mail Track & Trace website?

Di

[warwick65]

Re: Court Claim Capquest Investments Ltd

Hi

i think when I posted a while back about it all looking good the SAR request had not been posted. I know where that came from and I fear they may use it to avoid or at least delay sending documents.

Some of what you ask for for really isn't personal data as it won't include personal data.
I am on my phone at the mo so can not find a good example but @MIKE770 @charitynjw may be able to direct you.

[charitynjw]

Re: Court Claim Capquest Investments Ltd

Hi

i think when I posted a while back about it all looking good the SAR request had not been posted. I know where that came from and I fear they may use it to avoid or at least delay sending documents.

Some of what you ask for for really isn't personal data as it won't include personal data.
I am on my phone at the mo so can not find a good example but @MIKE770 @charitynjw may be able to direct you.

Only the one at the top of this thread.
In the green box.

[Diana M]

Re: Court Claim Capquest Investments Ltd

Defence would need to be submitted by 6 June.

There are are two good reasons for filing a Defence by the deadline and not requesting an extension.

One I've already explained. It gives them less time to reconstitute documents placing them in non compliance with your s 77-79 CCA Request which forms part of your Defence.

The other reason is to protect your position in the event they Dicontinue the claim prior to you filing your Defence and then re-issue a claim (weeks/months) later when they have sourced the documents or information needed to reconstitute them.

If you file a Defence before they Discontinue then they can't re-issue a claim based on the same or substantially the same facts including any legal arguments which you raise in your Defence without seeking permission from the court.

I see no reason to hurry them along with their disclosure

Di