Capquest Claimform - OHs old Cap 1 card debt

[The GodMother]

any update re the courts?

[ScabHunter]

I am getting very worried about this one, GM.

 

Dazza wasn't online all day yesterday, and wasn't again today. I don't suppose there is anybody out there who knows him, and can get in touch, because this is really urgent now.

 

The deadline is December 1st, and there is a weekend between now and then.

 

SH

[The GodMother]

Hi Scab hunter.

 

I know what its like when your helping someone and they dont come on. Anyway according to the posts he was on yesterday but he might be on in a bit. He may have been on today but not as a registered person the ghosts/guests we get so he may have read your postings.

 

I am familiar with PTs defence you have put up and familiar with the rule re the split case.

 

if you want i can post on here or PM you a full copy of that law just for further referance.

 

GM

[The GodMother]

dazza3956

 

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[ScabHunter]

GGGGRRRRR!!!!!!!!!!!!!

 

The first significant post I put up was at 19:21, so I missed him by an hour and a quarter.

 

GM, if you could post up anything relevant, that would be fantastic. Thank you.

 

SH

[dazza3956]

sorry about the delay .

i've been nights and had to fit college in today as well as being nights tonight.i've had a quick read and will try to get a fax off using the site mentioned earlier.would that be ok?if not i will stay up when i come home from work and get it done then to be sent first post .

thanx again

dazza

[dazza3956]

i have to go to work now but wil be on about half six in the morning to write the letter.

still haven't heard anything from capquest/hl legal.

thanx again

dazza

[ScabHunter]

i have to go to work now but wil be on about half six in the morning to write the letter.

still haven't heard anything from capquest/hl legal.

thanx again

dazza

 

OK. That's a relief!

 

SH

[The GodMother]

Dazza.

 

Let me review the thread and review the defense then i will get back to u.

[The GodMother]

Dazza.

 

I have looked threw and cant find any reson why that defense would not be suitable. Remeber to ammend it to suit your needs but you MUST leave in the part about the split claim.

 

GM

[ScabHunter]

Dazza.

 

I have looked threw and cant find any reson why that defense would not be suitable. Remeber to ammend it to suit your needs but you MUST leave in the part about the split claim.

 

GM

 

Thanks GM - you're a diamond.

 

SH

[ScabHunter]

OK dazza,

 

Obviously I cannot be online at 6.30am, as I am still up here after 2.30 trying to get everything ready.

 

I've prepared a defence specifically for this case, based on one composed by pt2537 which was successful in another similar case. I have added a part about the abuse of process with the split claim, some parts about the CCA request which has not been complied with, and changed the parts which relate to the Civil Procedure Rules so they relate exactly what has happened in your case.

 

The defence is in post #98, here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166301-received-letter-northampton-court-5.html#post1839484

 

It has been looked over by The GodMother, who is an Authoritative poster with over 6,000 posts. I also sent a message by PM to someone else (who is extremely busy) asking them to quickly look over the defence, and they passed it. I won't say who it was without their permission, but it was one of the 'big boys'.

 

As ever, we have to add the disclaimer that you use it at your own risk.

 

I know what it feels like when you get home after a night shift - I've done a few in my time - you just want to get to bed and kip. Make sure you print this off and get it sent straight away before you do, as the time is short now.

 

It cannot be entered online, by the way, as it has far too many characters in it. It will need to be sent Special Delivery. Nothing less will do.

 

Good luck - I'm keeping everything crossed for you.

 

SH

[dazza3956]

ok.thanx again .you've gone out of your way to help and we appreciate it very much.

will print it off and send it first thing.

thanx again

dazza

[The GodMother]

Scab hunter

 

That defense has been used in sereral cases and trust me there is a even longer one that is saved on my hard drive.

 

Thanks for the tickle tho.

[dazza3956]

hi.

letter sent first thing,special delivery.sods law that our printer decided not to work .took about an hour to get it going.just what i needed after night shift.got there in the end.what happens now?will we hear off the court or capquest?

thanx all for the support especially scabhunter,who i think has gone out of his way to help us with a limited amount of time due to the deadlines.

whatever the outcome we very much appreciate the support from everyone.

thanx

dazza

[creditcardmug]

The court will send a copy of your defence to the claimant, who will then have 28 days to decide whether to continue.

 

If they do you will get a notice from the court transferring the case to your local court, and a form called a Allocation Questionaire to fill in, so its going to be January before you have to worry about that.

[dazza3956]

ok thanx again.

[dazza3956]

hi again.

just received a letter from the court,its a bit confusing so hope someone can help.

it says:

 

"please be advised that we have received the attached correspondence from you on the 1st december 2008.we understand that you intended to only file an acknowledgment of service,with an intention to defend the case at a later date.

however a defence was placed on this case on 19th november 2008.

as per your request,we can delete the defence and replace it with your AOS.however ,as the date of service for this case was 3rd nov 2008.the AOS would be out of time as we allow 14 days from the date of service to file the AOS.after that date ,the AOS is out of time and the claimant may enter judgement if a defence is not received.

i am willing to delete your defence and replace it with your AOS.however,as the defence has now been placed on this case,if you do wish to continue to defend this case we will leave the defence on and will forward your response to the claimants.if you wish to file more correspondence relating to this claim,it can be sent direct to the claimant for their information."

 

we have attached to the letter our defence but also the defence that was filed on the 19th nov.it is the cpr 31.14 request that we sent to HL.Legal.they must have forwarded it to the court and put it in as our defence.is this legal?can they do something like that or not.it seems a very strange thing to do but i'm not familiar with legal stuff.

there is also a photocopy of the court form "acknowledgement of service "which is filled in with typing and dated 15th nov.don't know if the court has filled it in .i know we didnt fill any form in for the court only on line.

hope this makes sense .

could someone please advise .

thanx

dazza

ps.will scan and send if need be.please let me know if needed.

[ScabHunter]

What a totally incoherent pile of poo.

 

If the date of service was 3/11, then your Acknowledgment of Service on 15/11 was within the time allowed. Your defence was submitted properly last week. You have done absolutely everything by the book, and it is not your fault that some idiot has tried to abuse the system by forwarding your CPR letter and pretending it is a defence.

 

How can a request for information under the Civil Procedure Rules possibly be a defence? Anyone who actually bothered to read it would see that it could not possibly be a defence.

 

So, they are effectively saying that you have a right to file a defence, UNLESS some other two bob lying arsehole has pretended to be you and filed one first. Even if the content of the letter makes it quite clear that it was never intended to be a defence. What kind of legal system do we have if claimants are allowed to file defendants' defences for them?

 

You will need to raise a complaint using form EX343 here -

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

It seems as though there is limited room on the form itself, but you can carry on to another page. It is vital to get down everything which has happened in chronological order.

 

Did this insane and incoherent letter have any time on it for response?

 

I have only just found your post, and I have got to be offline tonight. I will make people on this forum who have experience of the law aware of what is happening here, in the hope that they can provide some advice.

 

When we tried to start a thread in the Legal Issues part of the forum before, the site team unapproved the thread and sent us back here. If anyone from the site team is reading this, would they now consider that a thread has to be started in the Legal Issues forum? This is now an issue which is really totally separate from the court claim, and could affect other members of this site in the future. Claimants forwarding CPR requests to the court and pretending they are defences from the defendant is something which I have certainly not come across before, and it is something which could have extremely serious consequences if we as a group cannot find the most effective way of countering it.

 

Dazza, for now don't do anything. We have got to make sure that what goes on that form is accurate and effective. If anyone else has any input or suggestions, they would be very welcome.

 

SH

[ScabHunter]

OK, I was only able to send off one message.

 

One of the other guys has got a full message box, and another one has disabled PMs altogether.

 

I've got to go offline now and I shan't be back on until after midnight. Hopefully someone will come in on this thread and be able to help.

 

SH

[Robot_roo]

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[surfaceagentx20]

I've been asked to assist and unravel what's going on at the court office about the filing of documents. First off, I don't think we are facing a disaster and things can be put right.

 

In truth, the document lying on the court file and treated by the court office as a Defence is not a Defence but a Request under CPR 31.14. That said, that the court office treat it as a Defence, operates to disable the Claimant from gaining judgment in default of Defence. The CPR 31.14 Request was not forwarded to the court by the OP. Apparently, it found its way on to the court file after being forwarded to the court office by the Claimant.

 

What is required is that the confusion at the court office needs to be straightened out. I suggest a letter to the court office something like as follows:

 

Dear Sir

 

Re: (Claimant) v (Defendant) Case No

 

Thank you for your letter dated (date) attaching my acknowledgement of service form dated 15 November 2008 and my letter to the [Claimant][Claimant's solicitor] dated (date) by which I made a request under CPR 31.14.

 

I do not know how you came to be in possession of my CPR 31.14 Request letter. As you will be able to see from the letter, it was addressed to the [Claimant][Claimant's solicitor] and I can only imagine that you are in possession of it because it was forwarded to your office by the [Claimant][Claimant's solicitor]. The request was not filed by me and was not intended by me to constitute my Defence to the Claimant's claim. Rather the document you received on 1 December was intended to constitute my Defence.

 

In the circumstances I should be pleased if the court record might show my Defence received by you on 1 December 2008 as my Defence to the Claimant's claim and the chronological sequence of events since service of the proceedings on 3 November 2008 as follows:

 

Acknowledgement of Service: 15 November 2008 (entered via MCOL)

Defence: 1 December 2008

 

I am sorry that the court office may have been confused and misled as to my intentions but it would appear that confusion stems from the [Claimant][Claimant's solicitor] unhelpfully and unnecesarily forwarding to you a copy of my CPR 31.14 Request.

 

I should like to believe that I have fully explained my position and that in light of what I say, it is clear that both the acknowledgement of service and the Defence were sent to the court office within time. If there are issues which remain unclarified I should be pleased to assist further.

 

y/f

 

you will need to check I have correctly understood what was received from the court and the position generally.

 

x20

[dazza3956]

ok.thanx a lot.will get that off straight away.

[ScabHunter]

x20,

 

That is an excellent letter, and I seriously appreciate the time you have taken to look at this situation.

 

You have indeed understood the situation correctly.

 

See what they come back with before deciding on any future move.

 

SH

[dazza3956]

thanx once again.regardless of the outcome i will be donating to this site.without people like you the dca's would be ruining lots of peoples lives.

dazza