Capquest County Court Summons re Historical Debt

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Yes, ring them tomorrow and tell them that in view of the fact they have not sent you the documents they are relying upon, you will need extra time to prepare your defence, and that CPR rule 15.5 allows the parties to agree an extension of up to 28 days. Get them to agree a date and put it in writing, so you can notify the court. You can do it by email as per this thread: http://www.legalbeagles.info/forums/...ty-Court/page3 :typing:

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Can I not get this thrown out right now based on criteria I raised in points 1 & 2 ?
also isn't asking for an extension only helping their case?
Kind Regards

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot
I phoned and have agreed an extension as advised.
What happens now if I still don't receive any documentation?
Regards
RSVPT

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot,
When you get the chance - I would be very grateful if you could please respond to my recent questions.
Many thanks

[Amethyst]

Re: Capquest County Court Summons re Historical Debt

Have you sent a letter to the court confirming the agreed extension ?

If you still receive nothing you can apply to stike out the claim or defend on the basis that the claimant doesn't have any information on the debt and hasn't complied with CCA/CPR requests.

I'll let FP know you were asking for her xx

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot
I phoned and have agreed an extension as advised.
What happens now if I still don't receive any documentation?

How long was the extension for? 28 days? Did you get it in writing? Did you notify the court?

If they don't provide documents, there are several options, but that's a bridge to be crossed if and when you come to it. The claim could be struck out, stayed, you could submit a defence, force disclosure, etc. We'll just have to wait and see for now.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Flaming Parrot,
I confirmed an extension for 10 days with the court.
The deadlines have now passed for receipt of the documents as requested for both the CCA/CPR
and as stated in the CCA letter if they do not respond with the documentation within 12 working days the debt becomes unenforceable.
Can you please advise the wording I should use in my defence response to get this struck off.
Many thanks

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Amethyst

Please can you get a message to Flaming Parrot re the following: (many thanks)
Dear Flaming Parrot,
I confirmed an extension for 10 days with the court.
The deadlines have now passed for receipt of the documents as requested for both the CCA/CPR
and as stated in the CCA letter if they do not respond with the documentation within 12 working days the debt becomes unenforceable.
Can you please advise the wording I should use in my defence response to get this struck off.
Many thanks

[Amethyst]

Re: Capquest County Court Summons re Historical Debt

Will do

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Thanks Ame! :yo:

I'll have to re-visit this thread because there are similar ones and it's easy to get them mixed up. Is there any reason you DIDN'T get the full 28 days the CPR allows?

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

The 10 day extension allowed them a week longer than required to provide the documentation - which they haven't.
Am I now not in a position to submit a defence based on non receipt of documentation within the timeframe as stipulated the letters I sent.
Hence please can you advise how I should word my defence letter to get this thrown out.
many thanks

[Gorang]

Re: Capquest County Court Summons re Historical Debt

Is there any reason you get the full 28 days the CPR

The 10 day extension allowed them a week longer than required to provide the documentation - which they haven't

Who came up with the time limit of 10 days for the extension??
was it yourself that only asked for 10 days
or
was it optima that ONLY gave you 10 days??

The CPR allows a 28 day extension (if I remember right it's 7 days for them to supply you with the documentation then 21 days for you to compile a defence) and optima can NOT argue this


When is the 10 day extension up as I think you could be running out of time here according to my calculations

As if your defence was due in on the 26th November and you only an extra 10 days then you only have until 6th December which is this friday

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Hi Gordon
Thanks for your interest. Yes I do need to submit my defense urgently to meet the extension date. But this is not a problem. Crapquest have not complied with either of the requests laid out within the time frame plus I still have no idea what this claim relates to as there are no credit card numbers or account numbers just an amount? All I need now is the wording from Flaming Parrot on how to state my defense. Then I can submit.
kind regards

[Gorang]

Re: Capquest County Court Summons re Historical Debt

Hi Gordon
Thanks for your interest. Yes I do need to submit my defense urgently to meet the extension date. But this is not a problem I disagree, sorry Crapquest have not complied with either of the requests laid out within the time frame plus I still have no idea what this claim relates to as there are no credit card numbers or account numbers just an amount? exactly All I need now is the wording from Flaming Parrot on how to state my defense. What are you going to state in a defence when we have no idea as what the claim relates to, hence the requirement for the documentation from the claimaint, and as they havn't came forward with any, then hence the requirement for the 28 day extensionThen I can submit.

kind regards

As I asked above

Who came up with the time limit of 10 days for the extension??
was it yourself that only asked for 10 days
or
was it optima that ONLY gave you 10 days??

As this is now going to have a bearing on your next move I suspect IF it was the claimant that ONLY allowed 10 days for the extension

A 28 day extension period consists of
7 days for them to provide you with the documents
then 21 days (as per the CPR's allow) for you to compile your defence

Hence if the claimant has only allowed you a 10 day extension then they are denying YOU of the time you are allowed to compile a defence in order to defend yourself in full, never mind the fact that they still have NOT supplied the documentation that you are legally entitled to get from them

If it was yourself that ONLY asked for 10 day extension then can you say WHY you only asked for 10 days




You have various options or routes that can be taken from this stage but until we know the answer to the above then we don't know which route or options are going to be STILL open for you

Quick brief example of different routes that could be taken once the 10 days are up

1, If you have only asked for the 10 days

A, file a defence
BUT which route will you take with the defence, as if you go they haven't supplied documents, it could be argued that you haven't gave them enough time to supply them which makes you look as being unreasonable if it was you that

B, File and application to have the claim struck out on the basis of NO documents supplied, again that can make you look unreasonable due to you not giving them enough time to supply


2, They have only allowed you the 10 days

A, File a defence, but again what are you going to put in it apart from you have no idea what this is for

B, File an application to have their claim struck out due to their unreasonable behaviour and failure to comply with requests and request time frames

That is ONLY 4 very quick examples of which way this can go for you, there ARE also other routes that could be available, BUT they take time to put in place,

So as you can see it is important that you answer the questions above so we can advise you correctly
and
Hence the urgency to find out WHO came up with only 10 days

[Gorang]

Re: Capquest County Court Summons re Historical Debt

Thanks Ame! :yo:

I'll have to re-visit this thread because there are similar ones and it's easy to get them mixed up. Is there any reason you get the full 28 days the CPR allows?

I am assuming that you had a typo here FP and this should read

Is there any reason you didn't get the full 28 days the CPR allows

FP can you confirm if my assumption is correct here please