Capquest County Court Summons re Historical Debt

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

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

Yes, your assumption IS correct and it was a typo. Sorry about that, happens when you're typing fast! :typing:

As you say above, the reason why there was just a 10 day extension rather than the full 28 days is crucial, hence my asking, sorry it came up all muddled up.

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Hi there, I chose 10 days to allow a few days after the deadlines for documentation as stated in my CPR31.14 and CCA Letters, which I think is very kind of me considering they would not do the same courtesy for me. Plus I could see no reason to ask for the 28 days max as this only prolonged matters in there favour. If they cant be bothered not to even reply or comply with my request. Plus when I asked for the extension I said that I was waiting them to provide documentation so they as a legal company should know more than anyone that if THEY needed more time to submit the relevant docs then THEY should have requested an extension themselves which they didn't. So as far as I am concerned they haven't complied - they haven't given me any details whatsoever which I think is enough in itself to have it thrown out!! How can they just claim a specific amount and not even give the account number or bank or CC company ??. If a layperson like myself took someone to court It is common sense to state the particulars so the defendant can at least know what its for?? - If there is some specific wording I should use to help the courts process/ clearly understand my defence to throw this out - Please advise? , many thanks. Sorry if I am getting a bit heated with my reply as it seems that this crapquest company and its opticrap legal team are just brushing my letters to one side as though I have no weight behind me. Thank you all for your advise and support as I am totally clueless in these matters and I am just reasoning this out with my common sense. Thanks again Kind Regards RSVPT

[Gorang]

Re: Capquest County Court Summons re Historical Debt

Hi there, I chose 10 days to allow a few days after the deadlines for documentation as stated in my CPR31.14 and CCA Letters, which I think is very kind of me considering they would not do the same courtesy for me. Plus I could see no reason to ask for the 28 days max as this only prolonged matters in there favour. If they cant be bothered not to even reply or comply with my request. Plus when I asked for the extension I said that I was waiting them to provide documentation so they as a legal company should know more than anyone that if THEY needed more time to submit the relevant docs then THEY should have requested an extension themselves which they didn't. So as far as I am concerned they haven't complied - they haven't given me any details whatsoever which I think is enough in itself to have it thrown out!! How can they just claim a specific amount and not even give the account number or bank or CC company ??. If a layperson like myself took someone to court It is common sense to state the particulars so the defendant can at least know what its for?? - If there is some specific wording I should use to help the courts process/ clearly understand my defence to throw this out - Please advise? , many thanks. Sorry if I am getting a bit heated with my reply as it seems that this crapquest company and its opticrap legal team are just brushing my letters to one side as though I have no weight behind me. Thank you all for your advise and support as I am totally clueless in these matters and I am just reasoning this out with my common sense. Thanks again Kind Regards RSVPT

Don't worry about getting heated with you reply as we all know how frustrating these sort of companies are to deal with as we have ALL been there at some stage, hence why we are here

One thing to remember is, that commons sense rarely applies to companies like this so we HAVE to make sure that WE do everything by the book and stick to the courts timelines and apply the correct proccedures in the correct order for us to be seen by a judge as being reasonable

It matters NOT what the claimant does or doesn't do correctly as when the do something that is stupid or incorrect then all that does is STRENTHEN our case and makes our job easier

A good saying is
work smarter not harder

Anyway
as you have requested the 10 day extension instead of a 28 day extension,

I am unsure of which routes are available now for you so I am going to step back let others with more knowledge of this, advise and help you with your next move, but I will alert more experienced advisers for you by saying


Experienced advisers required here please as time is running VERY short, defence or application to be in by THIS Friday (if memory serves me correct)

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Thanks Gordon
I am planning to compile my defence tonight and tomorrow morning ready to send by Special Next Day Delivery tomorrow if I don't receive any docs in the post so how I word my defence would be extremely helpful.
Thanks again

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Amethyst
I am up against the clock as I need to submit my defence tomorrow and am still needing some support / guidance on to how to correctly word my defence to the court. Gorang has helped as far as he can and has requested advice from more experienced members. I am worried that I will trip up somewhere in my wording. Any help you can provide will be very much appreciated.
Many thanks:help:

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

If I'm not mistaken, your defence is due on the 6th which is Friday, not tomorrow. I've PMd Cel and PT2537 with a link to this thread. :typing:

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Amethyst or FP

Please can you help - I've sent all the letters as advised and am now at the finish line - please don't desert me now ?? :help:

Regards RSVPT

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Check your PMs

[Amethyst]

Re: Capquest County Court Summons re Historical Debt

Hi RSVPT - It is always ok to pm someone if you need help

Right, IMO, you aren't entering a defence, you are entering an application to ask them to comply with your 31.14 request and if they don't have their claim struck out.

SO N244 application.....

Download from http://www.justice.gov.uk/fb-mirror-...ofile=_default

---------------------------
1) self explanatory
2) self explanatory
3) An order (a draft of which is attached) that the Claimant do provide the Defendant with documents mentioned within the statement of case pursuant to CPR Rule 31.14 and that the Defendant thereafter do have leave to file a Defence.

The Defendant also seeks the costs of the application.

4) this is your draft order
5) at hearing
6) 45 mins
7) nothing needed
8) District
9) Claimant
10) Set out the facts of what you have done (ie. sent letter and CPR 31.14 / requested extension for filing defence - like a witness statement - attach a copy of your 31.14 request)

----------------------------------------------------------


DRAFT ORDER for section 4 (seperate sheet attached)

In the XXXX County Court
Claim number: XXXX

Between
xxxxxxxxxxxxxxxxxxxx - Claimant

and

xxxxxxxxxxxxx - Defendant

--------------------------------

Draft Order for Directions
---------------------------------

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court;

• Copies of all documents mentioned within the statement of case pursuant to CPR Rule 31.14

If the Claimant fails to comply with this order, the claim will be struck out without further order.



The Defendant shall within 14 days thereafter file and serve the following;

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

------------------------------------------------------------------

Now section 10 you can either do a Witness statement and attached it (and write in the sec 10 box - WS is attached) or just write in the box.

If you do a seperate WS it needs to be signed by a statement of truth.

It is basically a list of what you have done and dates

1) received court claim on XXXXXXXXXXXX from XXXXXXXXXXXXXXXXXXXX
2) sent CPR

4) spoke to claimants ref extension as they hadn't complied

and so on. (it isn't an argument of why you need things etc, simply to show evidence that you have followed the procedure before applying for the order)



----------------------------------------------


I will ask PT to pop his head in to check this as I haven't done an unless order for a good couple years (sorry). xx

[Amethyst]

Re: Capquest County Court Summons re Historical Debt

Here's an N244 filled in by someone elses 'other side' just by way of an example (particularly for section 10 ) so you can see the kind of thing sec 10 should have in it.

http://www.legalbeagles.info/forums/...871#post392871

[mystery1]

Re: Capquest County Court Summons re Historical Debt

Remove reference to the cca as it has nothing to do with 31.14 and disclosure.

M1

[FlamingParrot]

Re: Capquest County Court Summons re Historical Debt

Remove reference to the cca as it has nothing to do with 31.14 and disclosure.

Am I right to say that non compliance with a s.77/78 CCA request would be used at a later stage, as part of the defence?

[Amethyst]

Re: Capquest County Court Summons re Historical Debt

Agree. Taken it off point 3 of very vague WS example.


CCA would come in in the defence later (if necessary)

[mystery1]

Re: Capquest County Court Summons re Historical Debt

Am I right to say that non compliance with a s.77/78 CCA request would be used at a later stage, as part of the defence?

Correct.

M1

[RSVPT]

Re: Capquest County Court Summons re Historical Debt

Dear Amethyst
The latest situation in my case is that due to tight timescales and pressure to submit a defence before the defence due date, I submitted my only defence possible - that being:

1. I had no idea what the debt being claimed related to.
2. The claimant had not provided any recognisable reference number, account number or bank / credit card company name for me to relate to.
3. The claimant had not complied with my request for information under CCA or 31.14 Disclosure or even responded with a confirmation of receipt of my request
4. So given the above, I respectfully asked the court to throw out the claimants claim.

The court in response to my defence wrote to me - "not responding at all to my request to throw it out" but simply saying that they sent my defence to the claimant for their response within 28 days, after which the case would be "Stayed" and that the only action the claimant could then have would be to write to the judge for an order lifting the stay. (This seems like a standard defence application response letter)

The 28 days has now elapsed with naturally no response whatsoever- Please can you let me know what happens now? -& Does any of my request letters hold any legal weight to get the case thrown out as they clearly suggest? Please advise Many thanks and kind regards RSVPT:help: