Court Claim Capquest Investments Ltd

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi

I have an update to our case.

Today my wife received a letter from drydens in reference for proof of the documents they refer to on the claim. They have stated that the account has been placed on a temporary hold while they contact their client.

As there is no such timescale given do I have to write to the court advising this or can it be via email?

Also as there is no specified timeline do we still have to submit a defence by the beginning or June? If so do I just state that we have not had proof etc. of the documents referred to in the claim?

Ideally it would have been nice to be given a timescale as on hold could be any time.

[MIKE770]

Re: Court Claim Capquest Investments Ltd

if a claim has been issued then they cannot put on hold, only a court can at this stage, just follow all court directions, they hope you slip up and later get a CCJ by default keep their letter safe,

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if a claim has been issued then they cannot put on hold, only a court can at this stage, just follow all court directions, they hope you slip up and later get a CCJ by default keep their letter safe,

Defence Example

[siwel]

Re: Court Claim Capquest Investments Ltd

Do I write to the court explaining it is on hold as they are awaiting documents? We need to submit a defence by 6/06/17 so do I still do this even though this seems to be an extension?

[MIKE770]

Re: Court Claim Capquest Investments Ltd

no, nearer the time put into defence no documents as requested see example but do not send off until the day before due to update if necessary?Defence Example

[MENTION=87380]Diana M[/MENTION]

[warwick65]

Re: Court Claim Capquest Investments Ltd

get your defence in on 5th or 6th June ( by 4pm 6June)

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi again.

Over the weekend we had our letter that requested a copy of the consumer credit agreement returned as the address was not known. The letter was addressed to the claimant as listed on the court claim form. We are now going to send a letter containing the original letter to Capquest's Farnborough address. Why would the letter be returned yet the address is listed on the claim form?

Anyway we are still awaiting a reply from the SAR and currently Drydens have put the account on hold so at the moment in time we still do not have any proof of the documents they are relying on for the claim.

[Kati]

Re: Court Claim Capquest Investments Ltd

Anyway we are still awaiting a reply from the SAR and currently Drydens have put the account on hold so at the moment in time we still do not have any proof of the documents they are relying on for the claim.

Drydens putting it "on hold" won't do much to the court timescales unless you can get them to agree (in writing) to a 28 day hold and then YOU inform the courts showing proof of an extension!!

If you can't do that ... you will have to ensure a defence is entered 33 days after the issue date regardless OR drydens can get a default judgement

[warwick65]

Re: Court Claim Capquest Investments Ltd

Hi , follow the time scale and get your defence in. I would add that you attempted to send a S78 request to the claimant at the address on the claim form which was returned as address unknown.

Have you tried to google the address to see if it exists?

[warwick65]

Re: Court Claim Capquest Investments Ltd

Capquest investments have a Manchester address

It seems odd to me that they have the address so very very wrong, the one given is one used by many offshore companies , some named in the Panama papers.

I wonder if a solicitor may think it worthwhile taking this on as if the address is wrong and has been put on other claim forms to other people it could be interesting

[siwel]

Re: Court Claim Capquest Investments Ltd

The address on the claim form is Capquest Investments Limited, 20-22 Bedford Row, London, WC1R 4JS. Then has Drydens address listed as address for sending documents to underneath. Thought by sending a letter directly to the listed claimant then we could get a copy of the CCA.

A letter will now be sent to Capquest Debt Recovery in Farnborough along with the original letter and postal order. We will send a covering letter with an additional postal order listing the payee as Capquest Debt Recovery so we don't get the original one back stating they cannot cash it.

[warwick65]

Re: Court Claim Capquest Investments Ltd

Hi
You said the claimants were capquest investments ltd , well if you google them the address in 12 Booth St Manchester. I would really send it to the people who own the debt, that is what we always recommend (someone slap me if I have that wrong) which seems to me to be Capquest Investments Ltd

Out of interest, did you send a copy in your CPR 31.14 request to the solicitirs

[siwel]

Re: Court Claim Capquest Investments Ltd

CPR request has been sent to Drydens and had a reply stating the account is on hold while they contact the claimant.

As for Capquest Investments Limited why state an address on a claim form that then ends up in the latter being sent back?

We do have an old letter from Capquest about the debt in question and has an address to write to in Farnborough. That's the address we have made a new letter to.

The other option is a two pronged attack and send to Capquest in Farnborough and the Manchester one which I am not aware of. Nehru should we have to find addresses previously unknown. Really if it's Manchester then that should be on the claim form shouldn't it?

[warwick65]

Re: Court Claim Capquest Investments Ltd

I have no idea why they gave you the wrong address, maybe it was deliberate , maybe they are just incompetent. I agree it should have been on the claim form but that's just a lay persons view. It is quite easy to find out the registered address for a company
The registered address for capquest Investments and capquest debt recovery is Belvedere, 12 Booth St, Manchester, M2 4AW

http://www.capquest.co.uk/home/

As I suggested maybe it would be worth a conversation with a solicitor to see what they advise, many give free initial chats
http://lbcompare.co.uk/services/

Although I would think it hardly worth paying for a defence for a relatively small claim - the amount of any representation may well be enough to settle the debt at mediation should it come to that

[siwel]

Re: Court Claim Capquest Investments Ltd

Thanks for the advice. I will change the address to the Manchester office and just send the one letter with original letter enclosed as well as the postal order.

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi again. I have to file the defence for my wife by Tuesday latest. Please could someone advise on the competed defence below.

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1: I received the claim ******* from the Northampton County Court on 4^th May 2017

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

3: This claim £**** a Next Retail Credit agreement regulated under the Consumer Credit Act 1974.

4: It is admitted that the Defendant has previously entered into an agreement with Next Retail for provision of credit.

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 Next Retail to Capquest Investments Limited, but no date given. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Next Retail 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 08/05/17 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the credit agreement, default notice and assignment from Next Retail to Capquest Investments Limited.

9. Drydens Limited has not sent any of these documents to me.

10. On the 6/05/17 I sent a formal request for a copy of the original agreement to Capquest Investments Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee. This letter was returned as address not known yet it was sent first class recorded to the address listed on the claim form, that being 20-22 Bedford Row, London, WC1R 4JS. On receipt of the returned letter I then sent another letter on 30/05/17 along with the original letter and postal order of £1 to their address listed on their website which is Belvedere, 12 Booth Street, Manchester, M2 4AW. I therefore query the address listed for Capquest Investments Limited on the claim form.

11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
12. The Claimants Solicitors, Drydens Limited have confirmed receipt of my letter requesting inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 and have stated that my account has been placed on temporary hold while they contact their client for details of my query. No agreement has been made to extend the time period allowed for filing my defence pending receipt of the documents in question as allowed under CPR 15.5. Drydens Limited have stated that they will inform me of the outcome of my query as soon as response is received from their client.

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 .................................................. ....