WON !!! CQ Court Claim received - CCA not received

[6strings]

Hi,

I received a County Court Claim Form from Capquest yesterday via DrysdenFairfax Solicitors.
The Lloyds Credit Card was taken out in 2005 and my last payment was March 2009. I asked for a CCA and SAR of my agreement back in August 2009 and received a response stating they could not find one. I never heard anything after that and was happy for the event to vanish.
A number of Debt Collectors chased me, and I just ignored them.
Now CapQuest (and Lloyds), have written saying CQ own the debt.
CQ have entered a Default notice on my Credit File for Sept 2013 with the balance history from Sept 2013.
All Lloyds info has now disappeared.

CCA request sent 16th Oct 2013 (postal order and recorded delivery on both)
CQ received 17th Oct 2013
DF received 19th Oct 2013
Yesterday - Sat 26th Oct 2013 I receive a county court Claim Form (issue Date 23rd Oct 2013).
They are demanding £11939.50 (all previous DCA's were demanding £11939.45)
I have NOT received a CCA
What do I do now? I've now hit a brick wall and am panicking.
what do I need to write in my defence in the claim form?

kind regards,
6strings

[6strings]

Re: CQ Court Claim received - CCA not received *WON*

:beagle2222: of course you can Tools :thumb:

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

Well what can I say. This whole process after five years and aggressive threats from CQ and DF is now finally over thanks to Pt2537 aka Paul from Howard Clarke Solicitors.

Paul strikes again! :yo: :yo: :yo:

Well done both of you!

Now let's get one thing clear, I like to pay my bills. I enjoy being Jo Shmo with 2.4 kids etc., However, when life decided to give me a bad turn, not one financial institution would listen. I tried and tried my best but, to no avail. The wolves started howling and gathering at my door. So the fight was on.

Expecting "F" in$titution$ to listen is like expecting a newborn to sleep through the night and don't cry!

The Claim is now dead in the water, and given they have not been able to comply with s78(1) for nearly 5 years, its unlikely they will ever find the documents needed to get a claim off the ground.

Not unless they hire Samantha Stevens!

[Tools]

Re: CQ Court Claim received - CCA not received *WON*

Excellent result, well done to you and PT, have amended the thread title to *WON*.

Would this now be ok to move out of VIP into the public domain?

[6strings]

Re: CQ Court Claim received - CCA not received

Well what can I say. This whole process after five years and aggressive threats from CQ and DF is now finally over thanks to Pt2537 aka Paul from Howlett Clarke Solicitors.

After CQ and DF failed to send me the credit agreement under CCA 1974 I requested, they then failed to take notice of my CPR31.14 request for:

The Agreement
Notice of Assignment
Default Notice

They decided to issue court proceedings anyhow.

Now let's get one thing clear, I like to pay my bills. I enjoy being Jo Shmo with 2.4 kids etc., However, when life decided to give me a bad turn, not one financial institution would listen. I tried and tried my best but, to no avail. The wolves started howling and gathering at my door. So the fight was on.

Five different debt collectors have tried to intimidate me over this "debt" over the past five years. None of them have been able to provide me with any proof that I owed any money to any one. Even Lloyds had no documents on me.

Enter Pt2537. Now this guy takes no s£!*
I knew, once I had received the Particulars of Claim from the Court, (whilst DF had no intention of providing me with any details) I was in need of a little help.

The Claimant was asked to provide its documentation mentioned in the Claim form under Rule 31.14. It was unclear from the Claim form which account they were pursuing and therefore it was essential to see the documents upon which the Claim was based. Lets not forget that the Claimant had "expert" solicitors acting for them who specialise in Consumer Credit Litigation, so there was no excuse for non compliance.

The Claimant failed to comply with the reasonable requests for documents, so an application was lodged with the Court to make them comply. They had months of notice of the hearing and still failed to comply with the original request for documents.

Now at this point its worth noting that not only did the Claimant breach rule 31.14, it also was in breach of s78(1) Consumer Credit Act 1974 since circa 2009!!!!!.

So the matter progressed to a hearing, Counsel was briefed and well prepared for attendance, Counsel attended and argued that the application should succeed for numerous reasons, such as the Claimants inherent failings. The Judge agreed that without the documents it was impossible to prepare a defence to such a claim, and made an unless order exactly on the terms we wanted. The Judge also awarded all of the costs of preparing for the hearing, so no out of pocket expenses in real terms.


The time for compliance with the Courts order expired, so a letter was sent to the Court by the solicitors referring to the non compliance and pointing out that even though CPR 3.8 confirms that the failure to comply automatically engaged the strike out, it would be prudent to have a hard copy order confirming the strike out, which was duly provided.

The Claim is now dead in the water, and given they have not been able to comply with s78(1) for nearly 5 years, its unlikely they will ever find the documents needed to get a claim off the ground.

Many many thanks to pt2537, and all the other contributors to this thread.
Well done Legal Beagles. I am grateful to you all.

[pt2537]

Re: CQ Court Claim received - CCA not received

There should be a update to this thread coming shortly.

Cant say anymore, thats for 6strings to provide the info but ......................

[pt2537]

Re: CQ Court Claim received - CCA not received

I agree, but as time is tight and while he asks Drydens for a formal agreement to an extension this going to the court might assist if Drydens do ferk about and try default judgment on basis of no defence. That is all. xx

With the way Courts apply the rules Post Jackson, there is no guarantee and id even be leaning towards the Court saying there is no agreement compliant with the CPR therefore judgment can be allowed.

Trust me, if you saw the order I had where BOTH parties consented and agreed the way forward, youd understand what im getting at, the Courts are melting down badly....

[Amethyst]

Re: CQ Court Claim received - CCA not received

I agree, but as time is tight and while he asks Drydens for a formal agreement to an extension this going to the court might assist if Drydens do ferk about and try default judgment on basis of no defence. That is all. xx

[pt2537]

Re: CQ Court Claim received - CCA not received

The difficulty ive seen with Drydens, and some other firms too, is that they often it seems have staff who do not understand the CPR, and as a consequence they are stuck when people start asking questions of them such as extensions under rule 15.

I would say that you are not in the minority but the majority.

I agree that the letter does not confirm an agreed "date" for the Defence, and this is a major failing, the parties should agree a date for the filing and serving of the Defence so that there is no confusion when it is due and more importantly when the Claimant can seek default judgment in lieu of a Defence.

The Court needs to be told a Date by which the Defence is to be filed and until that date no default judgment should be allowed.

So the agreement needs to go further than the letter, without doubt

[mystery1]

Re: CQ Court Claim received - CCA not received

You can cope with it and you are doing brilliantly.

Just ask the claimants to agree to a 28 days extension to give them time to get the documents you have requested under CPR 31.14 to you and you to formulate your defence based on the content of those documents, quote CPR 15.5, then send copy of their agreement to the court.

Actually, I would send this letter to the court to show their agreement to an extension




'' If you are unable to supply these documents within 7 days, we request that you agree to an extension pursuant to CPR 15.5 of a further 21 days beyond the current defence deadline, to allow sufficient time for me to assess any documents received. ''

It doesn't agree an extension nor does what they propose fit with CPR's.

M1

[Amethyst]

Re: CQ Court Claim received - CCA not received

You can cope with it and you are doing brilliantly.

Just ask the claimants to agree to a 28 days extension to give them time to get the documents you have requested under CPR 31.14 to you and you to formulate your defence based on the content of those documents, quote CPR 15.5, then send copy of their agreement to the court.

Actually, I would send this letter to the court to show their agreement to an extension




'' If you are unable to supply these documents within 7 days, we request that you agree to an extension pursuant to CPR 15.5 of a further 21 days beyond the current defence deadline, to allow sufficient time for me to assess any documents received. ''

[FlamingParrot]

Re: CQ Court Claim received - CCA not received

Apologies if this question is not allowed.

Did I read somewhere within this forum, about litigation services available?
I don't think I can cope with this.
I think I need to seek and pay for professional assistance. Any suggestions.

The question is not allowed on other forums but it is allowed here. :grin:

You may want to PM PT2537 or Celestine to see what they can do for you. :thumb:

[mystery1]

Re: CQ Court Claim received - CCA not received

Celestine and Pt2537 work for http://www.qualitysolicitors.com/howlettclarke but i'm not sure they could take you on as they are very busy. Only way to find out is to ask. If they can't maybe they could give you another name.

M1

[6strings]

Re: CQ Court Claim received - CCA not received

Apologies if this question is not allowed.

Did I read somewhere within this forum, about litigation services available?
I don't think I can cope with this.
I think I need to seek and pay for professional assistance. Any suggestions.

[mystery1]

Re: CQ Court Claim received - CCA not received

I have just spoken with DF.
I gave them my
name
address
post code
"account" number
I refused to them my Date of Birth on the grounds that I would not supply additional information for it to be given back to a DCA and then susequently passed on again and again.
She said she could therefore not continue the call.
I continued to tell her that DF have failed to comply with my CCA and CPR request, and i was offering DF more time to comply.
She said I should seek independent advice.
I said I have. And that is why I am offering you more time to comply, or perhaps I should go straight for an "unless order".
After a while she checked her "files" and said my requests were in hand and i will receive my requests in due course.(They haven't got any)
Of course, i informed her, she was already out of time. This meant nothing to her and she suggested I write a letter. I said, the clock's ticking. This needs sorting by tomorrow.
I informed her I would be sending an email tonight detailing this conversation and telling her of my intentions.
Please, somebody tell me I did the right thing.

Forget the s78 request. This should only resurface in 2 scenarios. 1. You file a defence 2. They send you a reply.

You are close with the other one. You forgot the 1st rule of speaking on the phone, speak to the claim handler not the cleaner.

You need to get an extension agreed in writing/email so that you can inform the court of it. The extension rules are http://www.justice.gov.uk/courts/pro...es/part15#15.5

A major point of note, you are not giving them time to comply ! You are getting extra time for YOU to file a defence and you need this because THEY HAVE FAILED in their CPR duties. How can you enter a defence without the information they are relying upon ? Case law dictates they should supply it when asked.

You need to get this extension asap and get 28 days which is the maximum allowed under the rules.

M1