Capquest County Court Summons re Historical Debt

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot

I cant thank you enough for your invaluable advise. I will keep you up-dated if you don't mind.
Can I ask one more question please. I am looking to renew a car finance contract in March 2014, is this summons likely to have a negative impact either way on my hitherto good credit rating?
Many thanks RSVPT

Please note: I just went to Acknowledge the Claim "OnLine" but it is asking for a Defence Pack PASSWORD that was supposed to be given with the claim form. I can see on the front of the Claim Form a box that says- "You will need the claim number (see above) and the following password" but what follows is a BLANK!! no password. I am now registered with moneyclaim.gov.uk but cant proceed without the password. Hence I cant acknowledge online! The claim form indicates that I have 14 days from the "DAY OF SERVICE" which was the 30th October - hence running out of time??

Please advise Thanks

I think I will telephone the court tomorrow to see if I can get a Password so that I can acknowledge the claim.

In addition - when I put in my defence to the claim - I have no idea what credit card or debt this claim relates to as there is nothing in the claim statement that gives ant reference to a credit card number or account info. or credit card company - it only states a figure and the original creditor as Lloyds Banking Group and I cant remember ever having banked with Lloyds!!

Should I put as my defence that I have no idea what this claim is for as they have not been specific - I cant defend something I know nothing about?
Please advise

Many thanks

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot

I cant thank you enough for your invaluable advise. I will keep you up-dated if you don't mind.
Can I ask one more question please. I am looking to renew a car finance contract in March 2014, is this summons likely to have a negative impact either way on my hitherto good credit rating?

The summons won't appear on your credit file because no judgment has been obtained, however, I presume there will be a default on your credit file for this account... :noidea:

Please note: I just went to Acknowledge the Claim "OnLine" but it is asking for a Defence Pack PASSWORD that was supposed to be given with the claim form. I can see on the front of the Claim Form a box that says- "You will need the claim number (see above) and the following password" but what follows is a BLANK!! no password. I am now registered with moneyclaim.gov.uk but cant proceed without the password. Hence I cant acknowledge online! The claim form indicates that I have 14 days from the "DAY OF SERVICE" which was the 30th October - hence running out of time??

Please advise Thanks

I think I will telephone the court tomorrow to see if I can get a Password so that I can acknowledge the claim.

There will normally have been a password there so you can acknowledge online. :noidea: Yes, it's a good idea to contact the bulk centre to ask for a password, they may have to send it by post but you're not running out of time, you still have another 10 days left. Obviously it's best to do it as soon as you can. :clock:

In addition - when I put in my defence to the claim - I have no idea what credit card or debt this claim relates to as there is nothing in the claim statement that gives ant reference to a credit card number or account info. or credit card company - it only states a figure and the original creditor as Lloyds Banking Group and I cant remember ever having banked with Lloyds!!

Should I put as my defence that I have no idea what this claim is for as they have not been specific - I cant defend something I know nothing about?
Please advise

Many thanks

You're not doing your defence yet, you have a further 14 days to do so and you'll need to wait for their response to your CPR 31.14 request before you can prepare a defence. :thumb:

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thanks again - all your advice is noted. Will ask the court for a password tomorrow.

[doomsday]

Re: Capquest County Court Summons re Historical Debt

Big hello to all on this thread,
I have had same problem with missing password on claim form, I phoned Northampton bulk centre and was told they accept a scanned image of the completed document sent as an e-mail attachment,
Send to ccbcdefendants@hmcts.gsi.gov.uk with the claim n'o and acknowledgment of service written in the subject heading.
They also would accept by way of a statement of acknowledgment wrote in the same format as in claim pack. (room for error on this so i completed form and scanned etc)
You will get a confirming e-mail that they have Received almost immediately.
Hope this info helps

[ncf355]

Re: Capquest County Court Summons re Historical Debt

Subbing to this

Seems like FP has the advice side nicely covered for you

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear FlamingParrot
When I telephoned the Court for a Password they said they could not give me one over the phone, furthermore they would not send it or a new one in the post but said I should post the acknowledgement which I did on the 7th Nov and was delivered on the 11th Nov. The current status is.
I also sent the CPR31.14 request to both Capquest & Optima Legal on the 7th Nov and they too were delivered on the 11th Nov.
I also sent the CCArequest with £1 PO on the 12th Nov and was delivered on the 13th Nov

I have not yet submitted my defence but the summons paperwork suggests that they must receive it by 26th which is 28 days from the date of service.
Note due to the fact that I have now been forced to correspond via the post - I will have to submit my defence a couple of days earlier so as not to over run the defence date.
My concern is that capquest will not respond to my requests until after the defence time limit.
What are my options as the clock is running and I don't want to put a foot wrong.
Many thanks

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear FlamingParrot
When I telephoned the Court for a Password they said they could not give me one over the phone, furthermore they would not send it or a new one in the post but said I should post the acknowledgement which I did on the 7th Nov and was delivered on the 11th Nov. The current status is.
I also sent the CPR31.14 request to both Capquest & Optima Legal on the 7th Nov and they too were delivered on the 11th Nov.
I also sent the CCArequest with £1 PO on the 12th Nov and was delivered on the 13th Nov

I have not yet submitted my defence but the summons paperwork suggests that they must receive it by 26th which is 28 days from the date of service.
Note due to the fact that I have now been forced to correspond via the post - I will have to submit my defence a couple of days earlier so as not to over run the defence date.
My concern is that capquest will not respond to my requests until after the defence time limit.
What are my options as the clock is running and I don't want to put a foot wrong.

You can't submit your defence until you've had the documents from them. If they can't produce them, they'll have to agree to an extension:

CPR 15.5 allows parties to agree to an extension of time.

Agreement extending the period for filing a defence 15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

They are supposed to comply within 7 days and it's just been 4 since they received it, so I'd wait till next week to contact them. When you do, ask them to confirm in writing that they are agreeing to an extension, :typing: you then have to notify the court of the agreement. You should be able to do so by email as noted below:

Just send an email to the court at ccbcdefendants@hmcts.gsi.gov.uk

Take note of Practice Direction 5B - particularly:

4.8 Where proceedings have been commenced, the subject line of the e-mail must contain the following information –
(1) the case number;
(2) the parties' names (abbreviated if necessary); and
(3) the date and time of any hearing to which the e-mail relates.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thank you once again for your invaluable advice. I will keep you posted if you don't mind

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Thank you once again for your invaluable advice. I will keep you posted if you don't mind

Yes, please, do keep us posted. :typing:

[CleverClogs]

Re: Capquest County Court Summons re Historical Debt

There are quite a few nice script and handwriting fonts on there:

Signerica

Shurely shome mishtake?

Signerica

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Shurely shome mishtake?

Signerica

Ooops!

Should have been Silent Reaction, I also like that font quite a lot!

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot

Please see my next post - which explains the latest position.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot
The latest update is that I haven't received anything from either Capquest or Optima Legal since my initial CPR 31.14 Request letters were both delivered to them via recorded delivery on Monday the 11th Nov. My concern is that my defence must arrive at the court by next Tuesday 26th Nov which means it has to be posted recorded delivery no later than this Friday 22nd.
I noted from my CPR31.14 Request Letter that it states as follows - "You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter." - NB: Today is day 9 with no reply? Where do I stand now? Am I in a position to submit a defence to the court to get it thrown out? or do I need to contact either Capquest or Optima or both to request and extension?? if so for what reason? Plus I note that in my second letter to Capquest requesting •a copy of their agreement •copies of some of the other documents mentioned in their agreement and •a statement of account, that they have 12 working days to comply or the debt becomes unenforceable. - Do I need to request an extension to cover this period or am I in a position to submit a defence now?

Please advise - Thank you

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot
The latest update is that I haven't received anything from either Capquest or Optima Legal since my initial CPR 31.14 Request letters were both delivered to them via recorded delivery on Monday the 11th Nov. My concern is that my defence must arrive at the court by next Tuesday 26th Nov which means it has to be posted recorded delivery no later than this Friday 22nd.
I noted from my CPR31.14 Request Letter that it states as follows - "You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter." - NB: Today is day 9 with no reply? Where do I stand now? Am I in a position to submit a defence to the court to get it thrown out? or do I need to contact either Capquest or Optima or both to request and extension?? if so for what reason? Plus I note that in my second letter to Capquest requesting •a copy of their agreement •copies of some of the other documents mentioned in their agreement and •a statement of account, that they have 12 working days to comply or the debt becomes unenforceable. - Do I need to request an extension to cover this period or am I in a position to submit a defence now?

You need to request an extension because they have not complied with your CPR 31.14 request and CPR rule 15.5 allows parties to litigation to agree an additional extension of time to file the defence:

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

If you haven't received the documents, you are not in a position to submit a defence, otherwise you would have submitted it without sending a request for documents. You need to ring Optima who are the solicitors acting for Crapquest and ask them to agree to an extension due to now having supplied you with the documents. Get the to put it in writing so you can then notify the court of the agreement as noted here: http://www.legalbeagles.info/forums/...ty-Court/page3

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thanks for your advice.

I tried to call Optima today but they closed at 5pm. In the meantime can you please help me by possibly answering the following:

1. Because they have not given me any idea whatsoever about who this debt is from or even an identifiable credit card number or account number. Can I not just submit a defence that states that the claimant has not provided any specific account information, how the claimed amount is arrived at or clearly identified what this claim exactly relates to, that I can have it thrown out?
2. Because either Crapquest or Optima have not answered or acknowledged my CPR 31.14 requests within the 7 days as requested - can this fact also be stated as a defence to get it thrown out?
3. If the above are not valid and I call tomorrow, do I simply ask to speak to someone who is dealing with my court claim ref number, and say that "because you have not replied or provided the information as requested under CPR 31.14 I want an extension of time to submit my defence, are you in agreement in accordance with CPR 15.5" If the response is NO or no acceptable response is provided can I still enforce and extension and notify the court anyway?
4. Also if the extension is agreed and I still don't receive the required documentation from Optima. Does this mean I can still request for the case to be thrown out?

Please respond ASAP as I need to send a letter of some form to the court tomorrow. Also should I request the email contact address of optima and the court to backup my postal letter with email evidence?

Many thanks and kind regards RSVPT