County Court Summons - Amex**WON IN COURT**

[Curlyben]

No need to send any payments with the CPR request.

As it is now a court issue all this information should be freely available.

After all they intend to use it in court and you are entitled to a copy.

[Padders]

Thanks Curlyben

[ncf355]

TT

 

I take it the bereavment (my condolences padders) would be good in court as far as having time to seek advice

 

Surely all thats needed is "does the Claimant have an original agreement to show"

 

"no?"

 

In that case, either strike out or give adjournment for 28 days to allow both sides adequate time

 

?

 

Pads, what part of the country are you in?

[pt2537]

Hi Peter,

 

Can i ask if you have received a Notice of Assignment for this debt? basically did you get told that the debt was being transfered to Cap quest

 

we are working on a defence but invariably we are gonna have to ask questions to get it right

 

Regards

paul

[Padders]

NCF; I'm in Surrey

[Padders]

Paul, yes I am sure I did, but haven't got it now

[pt2537]

ok thats fine, not to worry,

 

did they write to you informing you that they were taking legal action ? or did the claim form just drop on you mat

 

Regards

paul

[Padders]

I got a LETTER BEFORE ACTION frpm

[Padders]

sorry, from CapQuest Debt Recovery Ltd dated 20 April 2007 saying" your account will then be passed to our Solicitiors who may commence legal action on or after 26 Apr 2007

[pt2537]

Hi Peter,

 

Oh thats ok, i just want to make sure that we have enough of the info we need to put together a defence for now, as tom said it will need to be amended but cross that bridge when we come to it

 

Regards

paul

[Padders]

Thanks Paul

[pt2537]

Hi Peter,

 

Can i also ask did you receive any other documents with the court claim form. did they send you a copy of the agreement for example

 

Regards

paul

[Padders]

No, just the Summons Paul

[pt2537]

Hi Peter

 

ok not a problem,

 

i will be liaising with tomterm8 over the tonight and tomorrow and hopefully we can get a holding defence to you by the close of play tomorrow

 

cant make that a firm promise but will do my very best

 

Regards

paul

[Padders]

Thanks Paul, it really is kind of you. I can file it online, so hopefully that will save time

Thanks

Peter

[pt2537]

Hi Padders

 

I have attached the defence here in a word document, unfortunately we are not in the best position due to the fact that we dont have all the documents and such a short time frame but thats life

 

if you need any help on anything else please let us know

 

 

regards

paul

[shane5408]

Hi Paul & TT

 

Great work on that holding defence, I'm not a legal bod but was just wondering if in point 1 you it should say defence as opposed to default?

 

• I respectfully ask the courts forbearance with respect to this defence. My father died 2 weeks before this defence was due to be filed, and so I was unable to be as proactive in dealing with this matter as I would normally have been. I have asked the claimant for information in respect of their claim, but (through no fault of their own) the claimant has been unable to produce the information requested on time for me to file this defence. I therefore respectfully ask the permission of the court to amend this default when I am in possession of all the facts.

kind regards,

shane

[pt2537]

Amended, cheers shane, missed that, ooooppppssss.

 

uploaded the document before it was amended sorry

 

regards

 

paul

[shane5408]

no prb mate, done that myself so many times:D

[Padders]

Wow thanks Paul , TT and Shane; I am really grateful to you; i'll upload and enter it online now.

 

Kind regards

Peter

[pt2537]

Hi Padders,

 

you will need to edit certain parts and include your personal details where there are represented by xxxxxxxxxx

 

i hope this helps

 

good luck

 

regards

paul

[Padders]

Will do, thanks again, you really have been so helpful, I am very grateful.

 

Kind regards,

Peter

[pt2537]

No Problem Peter

 

when you get the information give us a shout

 

Regards

paul

[Padders]

Thanks Paul' I owe you one and hope i'll get the chance to repay you.

 

Kind regards

Peter

[pt2537]

Dear Sirs

 

Re Claim number XXXXXXXXX. In the xxxxx county court

 

 

Crapquest –v- Padders

 

Thank you for your letter dated 29th November 2007, the contents of which are noted.

 

I refer to my letter of xx/xx/2007, a copy of which I enclose for your perusal and ease of reference.

 

I am left a little confused by your letter in that you appear to be under the belief that it is a request served under section 7 of the Data Protection Act 1998.

 

It is not; the letter is a disclosure request under the civil procedure rules

 

 

You have instigated legal proceedings against me in the xxxxx County Court under claim number xxxxxxxxxxxxxxx . However you have failed to attach any documents to the claim form in support of your claim. This is a requirement of part 16 of the Civil Procedure Rules and is also laid out clearly with in Practice Direction 16.Since you have failed to attach the documents to the claim form, I require disclosure of the documents as requested in the letter-dated xx/xx/2007

 

You are claiming that you are entitled to claim monies under a credit agreement regulated by the Consumer Credit Act 1974. Therefore for you to have a legitimate right to action you must first have a compliant credit agreement containing all the required terms and signed by both debtor and creditor. Since you are seeking to use this as the basis of your claim you are required to disclose this to me and to date you have not.

 

I must stress that I am not required to pay any monies to you for this information, as it is my right for access to this under the Civil Procedure Rules

 

I respectfully ask that you comply with my request or I shall have no choice but to bring this to the courts attention that you are trying to frustrate matters and obstruct me in my attempts to obtain the information to allow me to compile my defence to your action

 

 

As a side issue, I note you make reference in your letter to the fact

 

“WE HAVE PLACED THIS ACCOUNT ON HOLD UNTIL 8 DEC 07, WHILST YOU COMPILE THIS INFORMATION. IF THWE DO NOT HEAR FROM YOU BY THIS DATE YOUR ACCOUNT WILL BE PASSED TO OUR COLLECTION DEPT FOR FURTHER ACTION

 

I cannot see what further action you can take as you have already issues legal proceedings?

 

 

I request that you reply within 7 days from receipt of this letter

 

 

 

Regards

 

 

XXXXXXXXXXXXXX PRINT DON’T SIGN

 

 

throw that at them the idjits

 

and dont pay em a penny towards the request, you dont need to

 

 

regards

paul