Capquest Claimform - OHs old Cap 1 card debt

[dazza3956]

ok thanx,

will get that done in the morning first thing.

what about the court form .should we fill in the defence now or have we got time to wait.i think the date is up round about the 18th nov.

thanx again

dazza

[ScabHunter]

You can check when a Special Delivery was signed for using Track and Trace on the Royal Mail website.

 

That isn't really necessary here because the reply you have received proves that they got your letter.

 

It is now just a case of how best to handle their non-compliance with your CPR demand.

 

Don't worry - there is still time to submit a quality defence and get these monkeys off your back.

 

SH

[Toulose LeDebt]

The Court claims states "Part only of monies due".

 

Are they simply pursuing you through Court in order to reclaim their own costs do you know?

I suggest they know the CCA is unenforceable so are claiming inflated costs to compensate for an equal amount Bryan Carter style.

 

It is unlawful to split claims in this manner I believe, you'll find some mention of this practice on the forum.

I think it's imperative that you ascertain a breakdown of the amount claimed, don't rely on it being unenforcable through absence of CCA as I strongly suspect they're actually trying to claim fees from you instead.

[supasnooper]

Hi dazza,

 

As SH as pointed out, get that CCA request off tomorrow.

 

As for the CPR 18 request, you only have to ask once. You've got your postage slip which is your proof of postage.

 

Next go the the Royal Mail website (I'm not sure if you can stick links in so I won't) and you should see a "Track & Trace" link or button. Click on this and you should get to a page where you can enter your 13 digit code and click on the button. It should then display the date and where it was signed for. Also it will offer you to display the signature, if it does, print this off.

[dazza3956]

i dont know what they are trying to claim for but the court form says £299, but when the letter arrived its got £634 on it.my partner says she never had nowhere near that limit on the card in the beginning.

[thekat1979]

Subbing

[dazza3956]

will go to the royal mail website and have a look.

what does subbing mean thekat?

i just noticed on the letter that it has come from capquest.i sent the cpr request to hl legal so why would the letter come from capquest fleet 27 rye close?

Edited November 13, 2008 by dazza3956
missing info

[underdog13]

Subbing means people are following (subscribing) to your thread, dazza; as I will be;) Best of luck to you.

[dazza3956]

thanx a lot everyone .i just looked at the royal mail website track and trace.it said it was delivered from their redditch office but the part where the signature was is just unreadable.printed it off but its useless.

thanx again

dazza

[dazza3956]

is there a time limit you can submit a defence on line or can you say do it the night before the court hearing?

[underdog13]

Hi dazza, if you phone Royal Mail (08459 272100) and give them the number from your receipt they can e-mail the signature to you - this is often a better copy than that which you get on line.

[Toulose LeDebt]

i dont know what they are trying to claim for but the court form says £299, but when the letter arrived its got £634 on it.my partner says she never had nowhere near that limit on the card in the beginning.

 

Would an alleged debt of £334 sound more familiar to your partner?

 

I believe the original debt was around that amount and since they can't collect as it's unenforcable(and they know it)the scabs are claiming £299.99 plus £15 fees in charges as a part payment with this claim to ensure they still get the £315 they seem to think you owe them. By not claiming for the debt itself rather than just the fees they're applying to the account they think that 1) You'll assume it is for the debt and fail to defend and 2) They can wangle out of any legal obligations they might have when claiming for the debt.

 

personally I would reply to the Court with a CPR 3.4(2)(b) abuse of court process strike out request on the grounds that since the debt is unenforcable any collection activity is unlawful, but be sure to add that this does not constitute your defence in the event of a trial. Make the Court fully aware you have asked the claimant for further information to support their claim. To be honest if they didn't send any supporting evidence in with the claim you've grounds for a CPR 3.4 strikeout anyway as such claim is going to be difficult to proof and you need to put the claimant to strict proof such a debt exists. They've failed to provide any evidence of this 'debt' and as it is claimed under a credit agreement as stated in the claim I think the least they should provide is the original agreement.

[dazza3956]

hi

sent off the cca this morning special delivery.i'm sorry to keep on but when do i fill the court form in and please could someone tell me what i should put as a defence exactly as i haven't a clue about court stuff and neither has my partner.my partner is also scared stiff about going to court but will do if it get the dca off her back.

thanx again

dazza

[ScabHunter]

sent off the cca this morning special delivery

 

Good. If Crap One have got no enforceable agreement, and they rarely do have, that will be a complete defence in itself.

 

i'm sorry to keep on

 

Don't be. You are doing exactly the right thing. Sadly I was involved in a case last night when someone asked for help the day after a judgment in default was issued against them.

 

please could someone tell me what i should put as a defence

 

We will get on to that next. I've got to go out for a few hours so I won't be online until after midday, but I'll pick it up then.

 

We will need to get the big hitters involved with this because they are certainly not playing by the rules. The amount they are demanding appears to be bogus, and they are refusing to comply with your demand under the Civil Procedure Rules.

 

Have a look at Toulose LeDebt's post above.

 

SH

[dazza3956]

ok thanx very much.

will be back on later myself.

thanx again for the support.

dazza

[creditcardmug]

Can you confirm you have acknowledged service, i cant see any mention of it in the thread?

[Robot_roo]

subscribe

[dazza3956]

hi

no i haven't acknowledged service yet.i was waiting to see if anyone could tell me what to put in the defence part of the court form.

i think we've got till the 17th.if you could tell me what to put that would be great as i don't want to put something wrong on the form .

i haven't got long left to do it now.

thanx

dazza

[ScabHunter]

Have you definitely got until the 17th to acknowledge service?

 

It is getting pretty close now.

 

I was going to post on here in a few minutes anyway because I've been doing a lot of reading today, of material which is relevant to the defence in this case.

 

SH

[dazza3956]

hi

the date on the form is the 29th oct and the instructions says you have 5 days from the issue date .then fourteen days so it takes it up to the 17th. i hope.

i could do it first thing in the morning if you could help with the wording in the defence.

thanx

dazza

[ScabHunter]

I would acknowledge service as soon as possible.

 

You don't need to say anything about the defence, just that you will be defending all of the claim. Get it done, or they will get judgment by default.

 

It is nearly 1am, so I'll make one more post and then leave it for now. I'll be back in the morning.

 

I'll give you some threads and information to read up on, so you can see where I am coming from.

 

SH

[ScabHunter]

So far, you've sent a CCA request off to Capquest. Good. If they cannot produce a valid agreement, they will be in default of that request before the date of any hearing.

 

You also sent in a CPR 18 request, which HL Legal have played games with. They are demanding a £10 SAR fee, when what you have asked for is not an SAR.

 

Now for the next step, which should have been done earlier, but there is still time.

 

The letter which 42man has posted to this thread (which originally came from surfaceagentx20) is another demand for information under the Civil Procedure Rules. This time a CPR 31.14 request.

 

If you want to read the background behind this letter, and the reason for sending it, the thread is here -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

This letter is a demand for information which is only relevant to documents mentioned in your particulars of claim. Here, the Agreement and the Default Notice are mentioned specifically, and the assignment of the alleged debt is also mentioned. This means that in this case you have every right to include these in your CPR 31.14 request.

 

Send off the letter exactly as 42man has written it, apart from obviously things like [each of the following / the], which can now just be "each of the following". Send it to HL Legal as that is the address for sending documents and payments. Send it Special Delivery, the cost of which can be claimed back.

 

If this request is complied with, it will give three possible defences. The agreement may not be enforceable. With Capital One, you have a good chance that it won't be. The Default Notice may have been improperly served, and the Notice Of Assignment will almost certainly be a fake. The alleged debt will not have been assigned properly to Capquest, so what gives them the right to sue on it?

 

The problem will come if they default on this request as they did with CPR 18.

 

That can be countered by filing an N244, which will cost £75 to submit. Crazy isn't it? They break all of the rules and you end up paying for it. You would, of course, get that back on winning the case. There is a post by surfaceagentx20 on this here -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

If you don't want to go down that road, you can challenge this at the Allocation Questionnaire stage. pt2537 (Site Team) has posted a sticky on this -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

All of this is what I have learned in the last three hours with my head buried in the screen. I do my best to help where I can, but I am a million miles away from being a pt2537 or a surfaceagentx20.

 

We will get your defence prepared, but for now make sure you get that acknowledgement filed. Last night, I was trying to help someone with a case like this, only to find that they had left it too late and had already suffered judgment by default. I don't want that happening again.

 

Have a read of these threads, and you'll understand what it is all about. I certainly know a hell of a lot more than I did three and a half hours ago. You keep learning on the CAG!

 

Goodnight. I'll be back in the morning.

 

SH

[supasnooper]

dazza,

 

Get the Acknowledgement of Service done NOW as advised by other posters.

 

If you don't, you won't have a case to worry about defending as they'll have got Judgement by default !!

[creditcardmug]

You need to Acknowledge Service NOW, if not they will get default judgement and you will have a CCJ.

 

You can do this online using the password on the front of the claim form, tick defend all of claim, and print off the receipt when prompted.

 

Someone made the same mistake the other day and i dont want it to happen to you.

[dazza3956]

ok.will do it now this minute.

thanx a lot everyone.

dazza