cap quest case

[paulusco]

Hi ,
Here is the long and short of my issue..
recently(saturday) received a claim form from above company. alleging a debt in their hands from "shop direct"... in the particulars of claim there is no mention of a so called default date.. i have sent off my defence form and acknowledged service..they (court) at northampton are now in receipt of it..Also sent off letter request for CCA and Deeds of Assignment to cap quest's so called solicitors "dryden" also received today by them..
First off , i have been through this procedure last year with lowells so know something of what to expect.. and indeed, i won my case.. based on things i had read online.. was totally new to all this..so i am just opening this thread to get general advice as things go on..in the last case..i was able to add more of my defence as and when i could..through email, as advised by the court.. is this a good thing? i want to send an email with the stages of what i have done in my defence.. but i can't remember when is best to do this? As i said, no notice (date) of default in the particulars, which i had noted in my defence.. they (dryden) state i had "notification of default".. i have no memory of this.. and indeed i wrote in my defence.. that while i have no knowledge of this it does not constitute a "deed of assignment"...this affair must go back a number of years.. and is possably statute barred.. could it be possable this is a reason they enter no default date for this alleged debt? any advice very much appreciated..

[charitynjw]

Re: cap quest case

Hi paulusco, welcome to LB.

It would appear from your post that you have already submitted your defence.
If so, what did you state there re the CCA request? Or SB?
Have you sent any other requests for disclosure? If so, to whom?

[paulusco]

Re: cap quest case


Hi Charity,
Thanks for reply and welcome,
i sent "drydens" the template for cca and deeds in one ...if you require the said template i can copy here? no one else .. except yesterday i wrote to the court again.. saying i sent that to drydens...
please remind me...what is SB?

i stated that... i note there was no default date for this alleged debt.. i have no contract with these people and that i request the cca and deeds of asignment, at this stage or words to that affect...i therefore deem this claim to be fraudulent (drydens have sent me no documents) and if no documents are fortcoming as requested , i am asking for this claim to be struck out..... yes i know, its like i'm being over zealous... but hey, i was a tad angry.

[Amethyst]

Re: cap quest case

SB = Statute Barred

Any chance you can post up what you sent as your defence to the court please.

[paulusco]

Re: cap quest case

hi Amethyst,
Apart from the obligatory defence form.. i wrote by hand... i don't know how to copy it here... but if i can find out how... i will.. i basically said.. i do not acknowledge this alleged debt.. i have no contract with these people (crap quest) and that i noted there was no default date for this alleged debt... i said at this stage therefore, i deem this action as fraudulent.. and requested the deeds of assignment...the same day i posted a template request , recorded .. to "drydens" for cca and deeds...

[Amethyst]

Re: cap quest case

If you kept a copy you can take a photo and email it me if you like - admin@legalbeagles.info.

Generally you can't just add to your defence by emailing the court... I don't know what the call centre staff are on these days.

You have sent a CCA and a CPR letter to the claimants / sols - did you mention the CCA request etc in the defence ?

[paulusco]

Re: cap quest case

i will try to do that...well good question... because i called northampton yesterday , rather worried about that... i had omitted to mention cca..........In my case last year i had requested that in initial defence... i won my case... i do hope this wont affect things badly now..the guy on the phone said..its ok... i can add more at a later stage..i know they aren't legally trained... but will that be ok? a woman at northampton i called before him... said its 100 quid plus to change defence... but i said i dont want to change it, just i forgot to put something in... bit worried now.(i copy everything and send also recorded) Also i keep a timeline of events.