Capquest Claim - advice please

[birchy]

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

Good idea! You've just reminded me that I have a digital copy of her signature.

[birchy]

Re: Capquest Claim - advice please

So it's time to lodge a defence. We've had nothing back from Restons or Capquest yet. I believe Wednesday 13th September is our deadline to file the defence as the CO was issued on 11th August (11th August + 33 days = 13th September). As I only have time to file the defence in the evenings after work, am I correct to assume that I need to do this tomorrow (Tuesday) night in order for it to be processed during normal working hours on Wednesday 13th?

As I've not done this before, what information do I need to include in the defence? My thoughts are:

1. We believe the debt is statute barred as the CO states it is from an agreement made in 1997

2. Capquest have failed to provide evidence of the contract

3. Capquest have failed to provide evidence of the assignment

Any advice would be gratefully received.

[warwick65]

Re: Capquest Claim - advice please

Hi
Use on your of the template defences
SB has nothing to do with when the account was opened, it's about how long since any payments or acknowledgements since the cause of action, this could be last payment or default date or something similar

[birchy]

Re: Capquest Claim - advice please

Thanks for replying. Attached is a draft of the defence. Comments please...

[birchy]

Re: Capquest Claim - advice please

I'm going to submit the above defence later tonight. Does it look OK?

Thanks.

[warwick65]

Re: Capquest Claim - advice please

If you haven't submitted yet I would expand the section about assignment to put the claimant to strict proof they have a right to bring the claim.

That can then be expanded on later in a WS

[birchy]

Re: Capquest Claim - advice please

Thanks for the advice. I haven't submitted the defence yet. How would I word your suggestions and whereabouts in the listing should I put it? Sorry for the newbie questions, I've never had to do all this stuff before.

[warwick65]

Re: Capquest Claim - advice please

After the paragraph where you mention notice of assignment either insert a new aragraph and renumber or add to the existing one.

The claimant is put to strict proof of their right to bring a claim. It is requested they disclose necessary proof including the Deed of assignment

Something like that

[birchy]

Re: Capquest Claim - advice please

Mrs has received a letter from Restons. Seems like they're on the ropes but not really sure how to interpret their intentions. Letter is attached to this post. What do you guys think?

[MIKE770]

Re: Capquest Claim - advice please

usual response when they do not have a CCA etc, file the letter safe.

[birchy]

Re: Capquest Claim - advice please

Thanks for replying. My initial thoughts were that it was a standard reply when they don't want to play ball because they don't have the relevant information. Regarding the CCA request, do they have a legal obligation to supply a COPY of the CCA? If not, what happens to the £1 postal order we sent them?

[MIKE770]

Re: Capquest Claim - advice please

Once paid they keep it but if they do not respond then they are in default of legal regulation i.e. 12 + 2 days a case is unenforceable until they comply with the request!

[birchy]

Re: Capquest Claim - advice please

Their letter states that we should have the original Credit Agreement and therefore they see no reason why we would require an additional copy. So it seems like they have no intentions of supplying it. Is the 12+2 days to respond working days only? And from what date does that countdown start? The CCA request was dated 29th August and I have proof of postage as it was sent recorded delivery. I believe they have already defaulted on the 14 days?

[MIKE770]

Re: Capquest Claim - advice please

If you look around same type thread this is standard response not a one off, they have a problem?? then it is their problem> the legislation states " you can request on payment of £1.00 a copy of a CCA1974!" no argument from them, this is a delay tactic, they are in default of a legal request on payment of the pound. read threads and get an idea how tghis outfit operates

await their next move etc etc

[warwick65]

Re: Capquest Claim - advice please

Hi
Remember that the CCA request was sent to the claimant and not the solicitors

The stuff that Restons write back to you is just that - from Restons.

If capquest have not complied with the CCA request that is their problem