CapQuest set aside

[tiggerollie]

Hi All

I wonder if you can help or advise over a point of law, Capquest, yes them unfortunately, took me to court and won a CCJ, however because i was not sent the court papers and the first i heard of about it was when the paperwork came through advising me that Capquest had won, i went back to court to get this judgement set aside. Couple of pointers for others going to court for a set aside, when i arrived at the court and registered with the court attendant that i had arrived i was hijacked by the Capquest solicitor who tried to find out the details of my defense and what i was going to say to the judge, i declined and she got quite irritated with me as 'she was there to help me' yeah right!.

Anyway i sat in court with the judge and capquest solicitor and the judge went through the case asked a couple of questions, my main defense being that i had not be advised of the original court case so was not able to defend it, also, i had requested a copy of the Credit Agreement from CapQuest who had never acknowledged the request or sent a copy. As part of the Capquest defense were copies of all communication I had sent or had with Capquest, and although the letter requesting the CA was not part of the pack, another letter re-requesting the CA was, subsequently the judge threw it out and sent the Capquest solicitor away with a bee in her bonnet.

The judge set aside the judgement, he then gave Capquest 28 days to produce a copy of the CA, and then three months if they wanted to proceed with the case, if not the case will be struck out.

Well here we are 3 months to the day and Capquest send a copy of the CA and demand payment, the date of the judgement order was 22nd August, and the letter with the CA attached is dated 22nd Nov, exactly 3 months.

So my question is this, the court ordered that Capquest respond with a copy of the CA within 28 days, which they didn't, the court stated that capquest had 3 months to decide whether to proceed with the case, how do i stand legally, the CA was 2 months late, and then they send the letter bang on the last day.

look forward to hearing from you, thanks in advance

[nemesis45]

Re: CapQuest set aside

Hi, Is the CCA complete?
Is it an actual agreement or a reconstituted one, with just two sets of terms and conditions?

[FlamingParrot]

Re: CapQuest set aside

Anyway i sat in court with the judge and capquest solicitor and the judge went through the case asked a couple of questions, my main defense being that i had not be advised of the original court case so was not able to defend it, also, i had requested a copy of the Credit Agreement from CapQuest who had never acknowledged the request or sent a copy. As part of the Capquest defense were copies of all communication I had sent or had with Capquest, and although the letter requesting the CA was not part of the pack, another letter re-requesting the CA was, subsequently the judge threw it out and sent the Capquest solicitor away with a bee in her bonnet.

The judge set aside the judgement, he then gave Capquest 28 days to produce a copy of the CA, and then three months if they wanted to proceed with the case, if not the case will be struck out.

If the judgment was set aside, did they start a new claim?

Well here we are 3 months to the day and Capquest send a copy of the CA and demand payment, the date of the judgement order was 22nd August, and the letter with the CA attached is dated 22nd Nov, exactly 3 months.

So my question is this, the court ordered that Capquest respond with a copy of the CA within 28 days, which they didn't, the court stated that capquest had 3 months to decide whether to proceed with the case, how do i stand legally, the CA was 2 months late, and then they send the letter bang on the last day.

Could you post up the letter they've sent you, removing all personal details? And the alleged agreement if you can? :typing:

A letter demanding payment is not the same as a new court claim.

[tiggerollie]

Re: CapQuest set aside

Hi
thanks for your replies, i have attached copies of the letter from Capquest, the copy of the CCA that was sent which is pretty difficult to read as it is a fax copy they sent me, and the letter from the court.

I appreciate your help on this and look forward to hearing from you

[tiggerollie]

Re: CapQuest set aside

Hi
I was wondering if you had had the chance to look at the attached letter as i am concerned that CapQuest could be moving this forward

thanks

[Amethyst]

Re: CapQuest set aside

Hi Tiggerollie, Apologies no one has seen your post till now.

Have you checked with the court that the case is still active or if they have actually applied to the court. Their letter says they intend to apply to the court to continue - so if they haven't the case may well already have been struck out - so it is worth checking with them.

Did the claimant respond to your February letter within 14 days as ordered ?

On your part it states to enter a defence within 14 days of them notifying you of their intention to proceed so if you wanted to continue you'd need to get that in asap.

So first step is give court a ring and see if the claim has been struck out or not.

As FP said before

A letter demanding payment is not the same as a new court claim.

Second step - defence. Well it does on first look seem like that CCA would be enforceable so we'll have to look a bit deeper into things, default notices/assignment etc.