Capquest Summons court claim received - SUCCESS !

[FlamingParrot]

Re: Capquest Summons received

Dear FlamingParrott

I feel I can get breathing again.thanks

With regards the letters - I will be sending both letters to HL Legal & collection or should it be Capquest in Hampshire or both.

I will send them special delivery enclosing a postal order in each letter for a pound.

The CCA request is the only one that carries a fee of £1, not the CPR request.

[Wally]

Re: Capquest Summons received

Hi

Both letters now sent to Capquest. It will be interesting what happens next. I will post again when I get a reply.

Once again thanks

Wally

[Wally]

Re: Capquest Summons received

Hi All

Just an update - both letters have arrived at Capquest

Wally

[Wally]

Re: Capquest Summons received

Hi

Capquest should respond tommorow as the 7 days will be up.

My only worry is I have read other peoples posts and I sent it to Capquest and not the Solicitors. Can they use this as a reason not to repond in time. - Oh - not really sure what to do as defence will be needed soon. Should I send to the Solicitors as well.

Please let me know I would really appreciate it.

Thanks

Wally

[mystery1]

Re: Capquest Summons received

Phone and ask for the claims handler and ask them about compliance and you'll soon find out if they have it. If not fax/email a copy and see what they say. If you need to give them a few more days then so be it.

M1

[Wally]

Re: Capquest Summons received

Hi again

7 days were up today and nothing received from Capquest.

Forgive my questions on this but I am confused. What do I do now?

I have been giving this a lot of thought and I am not clear why I would call claims handler. What evidence would I have calling them in my defence. Should I just send them a letter recorded delivery enclosing a copy or as said by should Mystery1 I call.

If I write do this what should I say.

Thanks

Wally

[mystery1]

Re: Capquest Summons received

You don't have much time so pratting about with post is going to be a headache.

Phone up, get the claims handler.

I sent a request for blah blah (at which point you'd expect them to say if they don't have it fax/email 7 more days at very most) You haven't complied why not ? When will you ?

If they start pratting around tell them that ultimately they will face an application for a comply or strike out order if they keep messing about aka "unless order" however stress that you are giving them a chance to avoid a judge and costs as you are reasonable. Get the defence time extension whilst you are on.

Write an email to them to confirm the details of the call in case you need it for evidence at an application hearing.

The legal system is slow most of the time but this is one of the few times where time is ticking quickly. Don't waste it and don't let them waste your time to file a defence either.

M1

[Wally]

Re: Capquest Summons received

Thanks M1

Ok I called HL Legal and collection
The Claiment Solicitor is on long term sick and I have been given another name to email.
They were not available to speak on the phone

The girl I spoke to said they have not got anything on file so I take from that Capquest have not passed it on.

She also said I should be speaking to Capquest as they have no further instructions.

I pointed out the fact they have not complied but I am not sure she understood.

I asked if we could agree an extension but she said - you need to speak to Capquest.

I have there fax number and the case number.

She could not put me through to anyone.

What should I do now ?

Wally

[mystery1]

Re: Capquest Summons received

http://www.justice.gov.uk/courts/pro...l/rules/part42


Firstly email the woman you spoke to with an outline of what was said so you have it on record.

Dear x,

I would like to confirm our call today and give a brief outline of it as follows.

It was said that blah blah blah ..........

Should you disagree with my version of the call please let me know and forward a copy of the call or a transcript from your records so that it can be used as evidence in court.

Yours etc


Then call back and ask if a notice has been filed by them or their clients regarding the change of solicitor. Also ask if she has a direct contact at Capquest. If not http://www.capquest.co.uk/contact.html and start again although you know Capquest got the letter so don't need to think of whether they got it or not.

M1

[ncf355]

Re: Capquest Summons received

This all sounds very wrong, your primary contact shoukld be the solicitor acting for them, and if they are no longer taking this forward they should have given you notice of this fact in writing

I'm no experrt in this, but I'm going to very interested to hear the opinion of others with better knowledge

[Wally]

Re: Capquest Summons received

Sent off the email to the solicitors. Spoke with the girl again and she would not provide any information. All she said was she did not know who was dealing with the case at Capquest.

Spoke with Capquest litigation (very helpful indeed) and they said they have sent a letter to me confirming my request and receipt of £1 Standing order.
They said they cannot go ahead until they receive the documents so not to worry. They said they would confirm all this in writing.
They said you would have to wait a bit of time as the bank is large and will take quite some time to get the documents.

Should I send something to the court? How long have they really got?

Wally

[mystery1]

Re: Capquest Summons received

Well imagine a litigious dca/creditor thinking the CPRs don't apply to them, fancy that.

Did you ever get a letter before claim ?

M1

[Wally]

Re: Capquest Summons received

Error

[mystery1]

Re: Capquest Summons received

Error

[Wally]

Re: Capquest Summons received

Sorry I am not sure what you mean - I take it that's bad news for then


Wally