Court Claim Capquest Investments Ltd

[pt2537]

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

Isnt it the case that no signed agreement ever existed?

If that is the case, then you should look at challenging the enforceability of the agreement due to a breach of s61(1)(a) Consumer Credit Act and thus the Claim fails due to s127(3) CCA 1974

That a point i would look at taking if indeed your wife never signed anything when the account was opened

[siwel]

Re: Court Claim Capquest Investments Ltd

It was so long along she cannot recollect whether it was done over the phone or in store.

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi

Could the above defence be looked at and ok'd as we need to submit this tonight.

Thanks

[pt2537]

Re: Court Claim Capquest Investments Ltd

Hi

Could the above defence be looked at and ok'd as we need to submit this tonight.

Thanks

remind me, did you get a default notice from the original creditor?

[siwel]

Re: Court Claim Capquest Investments Ltd

My wife cannot recollect this as the account is really old. If so it may have been about ten years ago.

[siwel]

Re: Court Claim Capquest Investments Ltd

I would like to get this submitted tonight for my wife as I may not be back to late tomorrow and miss the 4pm deadline. Can I get an OK or any suggested changes so that I can submit this tonight?

[pt2537]

Re: Court Claim Capquest Investments Ltd

My wife cannot recollect this as the account is really old. If so it may have been about ten years ago.

10 years since the default notice? When was the last payment? if its been over 10 years since you last paid or acknowledged the debt then it may well be statute barred and this would need to be in the defence so i thought id best ask

[siwel]

Re: Court Claim Capquest Investments Ltd

Last payment/acknowledgement was July 2012 so cannot go down that route.

[pt2537]

Re: Court Claim Capquest Investments Ltd

Last payment/acknowledgement was July 2012 so cannot go down that route.

Ok then thats fine, then theres not much more i can add at this stage.

[siwel]

Re: Court Claim Capquest Investments Ltd

Defence has been submitted.

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi again. We have had the SAR back from Next and there is no signed credit agreement. All there is is a credit agreement not signed by my wife. There is a statement data page. Events page that says on the end that it is pending debt sale. Statement of account. Page listing credit reference agencies and finally an abbreviations page. Looks like there will be no signed credit agreement. Does this go in her favour?