Taken to Court by CapQuest - HBOS Credit card debts

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello.

Nothing received here other than the info posted up previously. Two county court claims for the two cards mentioned, nothing further from HL, CapQ or the court since.

Am I missing anything do you think?

Not really, I was just wondering whether you'd received something regarding allocation or transfer to your local court as it's been a while...

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello.

Nothing received here other than the info posted up previously. Two county court claims for the two cards mentioned, nothing further from HL, CapQ or the court since.

Am I missing anything do you think?

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello

I have e-mailed the court, that's a game. I couldn't find their e-mail address on the claim form at all. I had to ring up and got the automated answering service, which I had to listen to 3 flipping times.... In case you need to know the Northampton (CCBC) County Court e-mail address is ccbcdefendants@hmcts.gsi.gov.uk

Have advised the court of this mornings conversation with CapQ. Had an automated acknowledgement of e-mail so I know it has arrived there today, all printed out and filed.

Thank you.

Thanks for the info.

Does this mean you've not received anything regarding allocation or transfer to your local court? :confused2:

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello

I have e-mailed the court, that's a game. I couldn't find their e-mail address on the claim form at all. I had to ring up and got the automated answering service, which I had to listen to 3 flipping times.... In case you need to know the Northampton (CCBC) County Court e-mail address is ccbcdefendants@hmcts.gsi.gov.uk

Have advised the court of this mornings conversation with CapQ. Had an automated acknowledgement of e-mail so I know it has arrived there today, all printed out and filed.

Thank you.

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

I would be inlined to e-mail the court stating they the claimant has agreed for an extension of the period of filing a defence. However, this can only be for a further 28 days - after which the claimant will be able to request default judgement if you don't defend.

They seem to be saying that they will not progress the claim until the have the documents, but I'm not sure I would take their word for it. I would write to them accepting the extension but that if you don't receive the documents at least 14 days before the defence is due, then you will apply to the court for an unless order.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks FP, I did open the link in another window.

Would the best route be for me to notify the court of the situation then?

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

No written response from CapQuest yet. CPR 31.14 sent to HL Legal on 16th Oct. Received 17th Oct. (Apparently received at CapQ on the 22nd)

Rang CapQ this morning and spoke to litigation dept. It seems they have received only one CPR 31.14 document which is odd as they both went in the same envelope so I know both were received at HL.

If HL are acting for Crapquest, they should pass them on, your sending them copies was just to cover all basis. Goes to show how "efficient" Crapquest are!

It seems they are in the process of contacting Lloyds for the requested documents. I clarified that even though they do not have the documents they have gone ahead with the County Court claim anyway! Yes......:angry8:

CapQ have advised that their Legal dept. has been instructed to put a stay on further action until the documents have been provided. The 28 day court time frame expires on the first account tomorrow and the second account in another 4 days.

I asked if I needed to do anything regards notifying the court and was assured that was un-necessary.

The fellow I spoke with was unable to give me a time frame for the documents coming through.

Just sit and wait now or should I be doing anything?

I should think the court should be notified if the claimants have agreed to a stay or an extension. You may want to look at this thread which relates to a similar situation, also involving Crapquest: http://www.legalbeagles.info/forums/...033#post382033

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Good morning.

No written response from CapQuest yet. CPR 31.14 sent to HL Legal on 16th Oct. Received 17th Oct. (Apparently received at CapQ on the 22nd)

Rang CapQ this morning and spoke to litigation dept. It seems they have received only one CPR 31.14 document which is odd as they both went in the same envelope so I know both were received at HL.

It seems they are in the process of contacting Lloyds for the requested documents. I clarified that even though they do not have the documents they have gone ahead with the County Court claim anyway! Yes......
:angry8:

CapQ have advised that their Legal dept. has been instructed to put a stay on further action until the documents have been provided. The 28 day court time frame expires on the first account tomorrow and the second account in another 4 days.

I asked if I needed to do anything regards notifying the court and was assured that was un-necessary.

The fellow I spoke with was unable to give me a time frame for the documents coming through.

Just sit and wait now or should I be doing anything?

Thanks.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks for the advice. Need to look at the dates and get on the phone quickly.

Seems wholly wrong that they are allowed to ignore the legal process but could still obtain judgement through the same legal system. Shocking really.

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

First, you need to chase the claimant for agreement to an extension. Might be worth telephoning them, rather than risk them simply ignoring another letter. Remember to ask for written confirmation of the extension, but don't wait for it to arrive - inform the court of your verbal agreement by email if time is tight.

If you can't negotiate an extension, then you absolutely must avoid missing the deadline to file a defence. The court will not like this and the claimant may apply for judgement in default. You can either file a defence as best you can raising the unreasonable behavipr of the claimant in nor responding to your CPR requests and the outstanding CCA request. Alternatively, you could try applying to the court for an order compelling disclosure of the required documents and giving you further time to file a defence. The latter is probably the better option, but it may already be too late and you will need to draft the application, pay a fee and present it at a hearing

It may seem confusing, but the court isn't aware of the outstanding CCA request. At the moment, it only has the claimants side of the story - the particulars of claim. Its up to you to challenge the claimant. The court rarely acts on its own initiative, it responds to requests made by the parties.

It may seem unfair, but there is nobody to stop the claimant issuing the claim and indeed obtaining judgement other than you. They SHOULD have complied with your CCA request, but the court will not ask for this or any other substantiation of the claim. Its up to you to raise the issues either through your defence or an application for directions.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello. Thanks for the links, I have had a look. To confirm I understand this.

I need to write to CapQuest and request an extension to the time frame and then need to notify the court.

I need to check the court dates but time is getting on and if CapQ and HL are dragging their collective feet it appears to put me at a disadvantage? If I do not get a response to my letter and any extension agreement from CapQ or HL what should I say to the court, or is the a defence?

What I still don't understand is if the CCA was ignored and not complied with back in 2010 how they can proceed with this action. If that was irrelevant why have a formal CCA request process in place. Any card provider can ignore the request, sell on the debt and let someone else collect all the money.
Dazed and confused!

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

OK Thanks. This may help me a little then.

So do I need to send (and what is) a CPR15.5 to the court now? I have had no communication from HL or CapQuest, does mean they have agreed to an extension by default?

Too much to hope that they have given up I suppose....... Will the court ever get cheesed of waiting for HL to produce the documents and throw it out?

No, they wouldn't have agreed to an extension by default, it has to be explicitly agreed and the court notified. You don't actually send a CPR 15.5 to the court as such, you agree it with the other side first and then inform the court.

http://www.justice.gov.uk/courts/pro...es/part15#15.5

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.

I would suggest reading this thread because it relates to a similar situation: http://www.legalbeagles.info/forums/...237#post381237

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

OK Thanks. This may help me a little then.

So do I need to send (and what is) a CPR15.5 to the court now? I have had no communication from HL or CapQuest, does mean they have agreed to an extension by default?

Too much to hope that they have given up I suppose....... Will the court ever get cheesed of waiting for HL to produce the documents and throw it out?

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks for the details. Will take a look at them. Business problem / situation seems to be very fluid at the moment with business colleague now suggesting there is a way forward, trouble is I think he is going the wrong way and only going to delay the inevitable for a few months. Waiting on some news from that source.

As BR is such a big step, it's wise to exhaust all avenues first. :thumb:

Need to keep an eye on the Court / CapQuest issue as well. No news from CapQuest yet. HL Legal signed on 17th for the CPR 31.14 letter. I should in theory hear by tomorrow latest then? (Mail not received here today yet). If request not met should I start a defence?

No, the whole point of the CPR 31.14 request is to obtain the documents necessary for your defence. If you haven't got them, you can't prepare one. :nono: CPR 15.5 allows parties to agree to an extension of time to file the defence. Rule 15.5 states:

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.

Cannot afford to find myself BR and wearing two new CCJ's. Previously no answer to original CCA request in 2010, other later correspondence with representatives of HBOS and no documents supplied, how long can various dca's keep dragging me around?

They can't obtain a CCJ without providing documents, that's the whole point of the letter you sent requesting them.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks for the details. Will take a look at them. Business problem / situation seems to be very fluid at the moment with business colleague now suggesting there is a way forward, trouble is I think he is going the wrong way and only going to delay the inevitable for a few months. Waiting on some news from that source. Need to keep an eye on the Court / CapQuest issue as well. No news from CapQuest yet. HL Legal signed on 17th for the CPR 31.14 letter. I should in theory hear by tomorrow latest then? (Mail not received here today yet). If request not met should I start a defence? Cannot afford to find myself BR and wearing two new CCJ's. Previously no answer to original CCA request in 2010, other later correspondence with representatives of HBOS and no documents supplied, how long can various dca's keep dragging me around?