Taken to Court by CapQuest - HBOS Credit card debts

[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.

[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

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?

[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

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.

[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.

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.

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...

[littlebert8]

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

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...

I wouldn't expect the AQ or transfer until after the defence has been filed.

[Nomad938]

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

Oh good, there I was getting worried again....

I will drop CapQ a line tomorrow to confirm todays conversation and ask them to get a hurry along. I know both were taken out in 2002 sometime so HBOS will have to dig through the archives to get the details.

[TUTTSI]

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

I would also copy HL in with your email request to Capquest .

[littlebert8]

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

Its bloody annoying when a claimant has representation, but does most of the work themselves. I would agree that its best to cc any correspondence to the solicitors at the address noted on the claim form if dealing direct with the claimant.

I presume they work like this because they only use the solicitors for bulk issuance and requests for judgements in undefended cases.

[Nomad938]

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

Thanks for the details, I will get the writing head on in the morning and send details to both CapQ and HL.

I have just checked my e-mail and see that the court have got back to me, pretty quickly in fact, and have sent through a form (N244 - Application Notice) if I want to apply to a district judge for an extension. I have read through it but not really sure if it applies? If the claimants are not moving forward at this time I gather the court will do nothing yet?

Thanks

[Nomad938]

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

Hello.

Having trouble with the uploading tool today!

Have a letter from CapQ this morning referring to part of our conversation on Monday. They have advised me that they are waiting on a response from Lloyds Banking Group to obtain the documentation I have requested and then go on to say that my defence is due by 1/11/2013 and that they have not received it?!!

No mention or reference of the second account that was discussed. This letter feels like a 'fishing expedition' to see what I have but equally would they really proceed with the County Court process when they don't have the documents and a formal CPR 31.14 request has been made.

Thanks.

[littlebert8]

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

Capquest are playing games with CPR15.5. This is the second recent claim on the forum where they have agreed, or implied agreement, with a request to extend the date for filing a defence over the phone, but then gone back on this in subsequent letters. See here http://www.legalbeagles.info/forums/...m-Please/page3

If you've got contemporaneous notes of the phone calls, then keep hold of them.

If they are saying that the defence is due by tomorrow, then there is a distinct possibility that they might try to obtain judgement in default if you don't file one. If the court are saying that you need to make an application for an extension, then I don't think they will block a request for judgement if they get one. So, you either need to file a defence ASAP or be prepared to apply for a set-aside if you get a judgement