Capquest Claim - advice please

[MIKE770]

Re: Capquest Claim - advice please

[MENTION=84873]para[/MENTION] 5

[warwick65]

Re: Capquest Claim - advice please

Yes
CCA to claimant with the fee

Cpr 31.14 request to the solicitors, include a line about
' I enclose a copy of the CCA request I sent to your clients on xxxxxx'

All you can ask for in the CPR request is
The contract
Details of the assignment ( I would then say including the Deed of assignment and the Notice of assignment)

[birchy]

Re: Capquest Claim - advice please

I'm just writing the CPR 31.14 letter for my OH and I need to enter a date for the "ahead of filing my defence on..." section. I believe she has 28 to file a defence? Does the 28 days start from the date of the CO, i.e. 28 days after 11/08/2017 or from the acknowledgement date?

Thank you all for your help so far, it is really appreciated.

EDIT:
Also, what documents should she request from Restons in the CPR 31.14?

[warwick65]

Re: Capquest Claim - advice please

It is actually 33 days from the date on the claim form. 28+5for postage
Day 1 is the first day after the date

[MIKE770]

Re: Capquest Claim - advice please

It is actually 33 days from the date on the claim form. 28+5for postage
Day 1 is the first day after the date

33 days = 13th September from 11th August issue date

[birchy]

Re: Capquest Claim - advice please

Thanks for your replies. What documents should we request in the CPR 31.14? The red writing on the example seems to be quite strict about only requesting "mentioned" documents, but looking at the CO, I'm not really sure what we should be asking for?

[MIKE770]

Re: Capquest Claim - advice please

you request only documents mentioned on the court form, any other documents later down the line in proceedings.

ut looking at the CO, I?????????????

[birchy]

Re: Capquest Claim - advice please

The CO seems very vague to me, or is that normal?

[warwick65]

Re: Capquest Claim - advice please

Very normal I'm afraid.

[birchy]

Re: Capquest Claim - advice please

Sorry for my incompetence, can anyone clarify what documents I should be requesting in the CPR 31.14? I'd like to get it in the post ASAP.

[MIKE770]

Re: Capquest Claim - advice please

you have the form and will state i.e. an agreement between you and Claimant, then assigned to new owner and anything else listed usually 3-4 items only

[warwick65]

Re: Capquest Claim - advice please

You can ask for the contract and the assignment.
Personally I would ask for
The contract
The assignment to include the notice and deed of assignment

[birchy]

Re: Capquest Claim - advice please

More problems...Mrs doesn't want to sign the CPR/CCA letters because she doesn't understand what they're for. I've tried to explain but she just gets upset. I have to lodge her defence in 10 working days from today. I think we've run out of time.

Can we still defend?

[Amethyst]

Re: Capquest Claim - advice please

Oh dear, I'm not sure how you can help her get around that - the letters don't have any bad effect at all, but I'm sure you explained that to her anyway.

The CCA letter simply asks the claimant to produce a copy of the original agreement and terms of the account. If they can't, they can't get judgment.
The CPR request just asks ( in your case ) for the assignment ( for the claimant to prove they are allowed to collect the debt ) and for the contract ( same as agreement just another way of asking for it )
If you can get them sent off you can put 7 days for response on the CPR 31.14 letter, and yes there is 12 days on the CCA letter, but that's okay, it will have passed by the time anything further happens and the defence gets read.

We already know they are claiming a Shop Direct account from before Littlewood was Shop Direct, and we also know that very very few Littlewoods accounts actually ever signed agreements.

Without those you will only have statute barred as your defence. That would mean last time she paid or spoke with anyone about the catalogue would be before, latest, July 2011. Have you checked on her credit file at all top see if this shows on there? That might give you an idea whether it could be statute barred ( if nothing has been paid since the account defaulted it shouldn't show as defaulted accounts only show for 6 years )

What is she worried about more? Having to attend court ( pretty rare in these cases ) or that they will send letters back ? or having a CCJ ?

If she makes an admission and offer to pay she will have a CCJ against her on her record. She could negotiate directly with Capquest to get an agreement before court ( under what's known as a Tomlin or Consent order ) - which would mean installment payments and avoid the CCJ ( unless payments defaulted ).

[warwick65]

Re: Capquest Claim - advice please

Technically the cca request doesn't need a signature so you 'she' could digitally sign it I. E use a fancy font on your Computer