Court claim Capquest Investments

[Horsey]

Dear all,

I have joined Leaglebeagles in the hope of receiving some help with a court claim from Drydens Ltd Solicitors on behalf of Capquest Invesments Ltd.

The claim form was issued on 15th December and we have acknowledged the claim that we intend to defend it.

On 31st December, I sent the template letters asking for inspection of the documents. On 8th January I received a letter from the solicitors saying that they have requested the documents and the matter has been put on hold for 28 days, after this period they will continue with legal action.

I think I need to tell the court about the case being on hold as the defence date has now passed I think and also I don't know what to do next.

The claim is for over £10k and is within the time limits.

Thank you for any help and advice.

[nemesis45]

Re: Court claim Capquest Investments

Have you had the documents requested?
Was this a CPR request and or CCA request?

Ring the court to see what's going on.

nem

[Horsey]

Re: Court claim Capquest Investments

Thank you Nem,
I sent the CPR letter to Drydens and CCA to Capquest. No documents received at all but it looks like Drydens have requested them from Capquest. I will call the court to see what is happening and will update.
Many thanks

[nemesis45]

Re: Court claim Capquest Investments

That's fine, please let us know what happens.

nem

[Horsey]

Re: Court claim Capquest Investments

I just telephoned the court and they have no notification from Drydens that the case is on hold so I have forwarded the court their letter by email as the date for filing the defence has now passed so I am a bit concerned.

[nemesis45]

Re: Court claim Capquest Investments

Ok have any thing prepared for a defence?
Capquest cannot do anything until the agreement is produced the debt is unenforceable.

nem

[Horsey]

Re: Court claim Capquest Investments

Nothing prepared but I just saw a link to an example and will get to work on that. Thanks for your help, very much appreciated and if I get stuck on the defence I will shout! Thanks again.

[Amethyst]

Re: Court claim Capquest Investments

If no default judgment has been entered then you should get your defence in asap. That example one should be a good starting point for you as you've sent the CPR and CCA and not had documents back.

Could you tell us a bit more about the debt & claim - the particulars of claim from the front of the claim form would be useful pls.

Capquest cannot do anything until the agreement is produced the debt is unenforceable.

They can, they can get default judgment, the court don't know there's no agreement, it needs to be pleaded.

You need to stay on top of the dates from hereon in, especially as the case will likely go into the fast track thus increasing the risk of costs.

Stick with what the court says and don't believe the claimant's if they say things are on hold.

[Horsey]

Re: Court claim Capquest Investments

1.The claim is for the sum of £12,xxx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) Plc under xxx upon which the defendant failed to maintain his payments.
2. A default notice was served upon the defendant and has not been complied with.
3. By virtue of the sale agreement between Capital One Bank and the claimant, the claim vested in the claimant who has genuine commercial interest. The defendant has been notified of the assignment by letter. Contact Drydensfairfax solicitors 0113 823 3430

The money is owed and is within the time period. I did make an agreement and tried to pay a long time ago but I have a lot of debts and couldn't afford the repayments. This is the first court claim I have received but I owe other money and after March - June the others will not be able to take me to court. If and when I get a CCJ do you think the others will come looking for their money too? should I declare the other debts but I would rather keep quiet in the hope it will be too late for them? I am sorry if this sounds dishonest but I was loaned far more than I could ever afford to repay and I started a small business which sadly failed.

[Amethyst]

Re: Court claim Capquest Investments

Thanks for posting that up xx

Keep quiet about the others for now and concentrate on dealing with this one.

Presumably this is a credit card. When did you open the account originally ?

[nemesis45]

Re: Court claim Capquest Investments

Drydens have stated that the case is on hold until they get the agreement, it would be foolish I think for them to apply for a judgement by default, which most certainly be set aside, and the court has been made aware of this I believe.

nem

[Horsey]

Re: Court claim Capquest Investments

Yes this was a credit card, not sure when opened the account but it must have been early 2006 or before.

[Horsey]

Re: Court claim Capquest Investments

Yes this was a credit card, not sure when opened the account but it must have been early 2006 or before.

[Mineral1]

Re: Court claim Capquest Investments

1.The claim is for the sum of £12,xxx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) Plc under xxx upon which the defendant failed to maintain his payments.
2. A default notice was served upon the defendant and has not been complied with.
3. By virtue of the sale agreement between Capital One Bank and the claimant, the claim vested in the claimant who has genuine commercial interest. The defendant has been notified of the assignment by letter. Contact Drydensfairfax solicitors 0113 823 3430

The money is owed and is within the time period. I did make an agreement and tried to pay a long time ago but I have a lot of debts and couldn't afford the repayments. This is the first court claim I have received but I owe other money and after March - June the others will not be able to take me to court. If and when I get a CCJ do you think the others will come looking for their money too? should I declare the other debts but I would rather keep quiet in the hope it will be too late for them? I am sorry if this sounds dishonest but I was loaned far more than I could ever afford to repay and I started a small business which sadly failed.

Don't judge yourself! The Banks and Credit Card Companies chucked money around with gay abandon and now are quite happy to come collect on yourself now! Please check ALL your credit card debts for the lesser spotted PPI often found in its natural habitat, lurking in the foliage of the bottom of the monthly list of transactions! :tongue2:

[Amethyst]

Re: Court claim Capquest Investments

Yes this was a credit card, not sure when opened the account but it must have been early 2006 or before.

Good good Thanks.