Capquest "V" Cab1ne

[wannabedebtfreesoon]

and costs

[cab1ne]

and costs

 

Mmmmm sounds reasonable:rolleyes:

 

cab

[postggj]

if you dont receive the docs requested in the next 10 days,

 

we then file an embarrassed defence

[cab1ne]

if you dont receive the docs requested in the next 10 days,

 

we then file an embarrassed defence

 

"gordon bennett" its all go isn't it

 

have i got this right, i have 28 days to submit a defence.

 

 

cab

[cab1ne]

why don't they just give you the option when "acknowledging service" to have it re-directed to your nearest court, instead of all the crap. as i see it, when you defend all it goes to your nearest court anyway.

 

cab

[citizenB]

Hi Cab1ne,

 

I gave you the time table in an earlier post.. but brought it forward for you below.

 

You have 33 days from the date of issue mentioned on the claim form in order to put in your defence. BUT you MUST acknowledge service by the very latest 21st June. You will be clicking on the "defend" button which gives you the maximum time, until 5th July to enter the defence.

 

You then need to get your CPR31.14 off giving 7 days to respond. If they havent responded within 7 days, you pop in your CPR31.15 - request to inspect. If that doesnt make them sit up and provide docs then you slap in your application for disclosure to the court.

 

If you need further time then you will need to use CPR15.5 in order to obtain a further period of time. But we will cross that bridge when/if we come to it.

 

xx

Agreement extending the period for filing a defence

 

15.5

 

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

 

HTH

 

 

 

hi citizenB and thanx.

 

i think i might need to ask for more time, how would i go about that.

 

cab

 

Not yet, got 14 days from the 7th. However shall i just bang out the cpr 31.14 first.

 

cab

 

Yes, you need to act swiftly, have a read of the links below.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

 

You will need to request the following as they are mentioned in the POC.

 

The notice of assignment

The default notice

The agreement

 

You will need to apply for this using CPR31.14.

 

You also have a strict time table to stick to.

 

The claim was issued out of NOrthampton on 2nd June you are allowed 5 days for service = 7th June.

 

You need to acknowledge service by the latest 21st June... stating whether or not you intend to defend. you will then have a further 14 days in which to submit a defence. I think that is 5th July .

 

Also......

 

If the sums owed are in relation to a Regulated Agreement, then they cannot also claim s69 County Courts Act 1984 interest, because of s2(3)(a) of SI 1991/1184(L.12) The County Courts (Interest on Judgment Debts) Order 1991.

 

HTH

[cab1ne]

thanx citizenB.

 

i have read back, and i have done as posted. 31.14 ready for AM post:D

 

cab

[postggj]

I Allways Go By Theses Guide Lines To Be Sure

 

Receive Claim

 

Acknowledge Claim With In 14 Days

 

Then You Have A Further 14 Days For Defence

 

You Are Allowed A Few More Days But I Use This Time Scale To Avoid A Ccj By Default Just In Case Its Not Mcol

[cab1ne]

I Allways Go By Theses Guide Lines To Be Sure

 

Receive Claim

 

Acknowledge Claim With In 14 Days

 

Then You Have A Further 14 Days For Defence

 

You Are Allowed A Few More Days But I Use This Time Scale To Avoid A Ccj By Default Just In Case Its Not Mcol

 

thanx post.

 

well its on the go from 2moro AM. i'll bump this thread up with more info, as and when i get it:rolleyes: "sorry" if i get it;)

 

cab

[cab1ne]

"well" i sent my CPR 31.14 and got this in return today:eek:

 

 

and this is a so called copy of the NOA:| looks freshly typed up to me:rolleyes:

 

 

cab

[postggj]

£1 Fee Not Applicable

 

Rollocks

 

This Request Is Made Under Cpr 31.14

Not

The Consumer Credit Act

 

Cretins

[cab1ne]

£1 Fee Not Applicable

 

Rollocks

 

This Request Is Made Under Cpr 31.14

Not

The Consumer Credit Act

 

Cretins

 

my thoughts aswell post,

 

do i send the CPR 18, with the specific questions or sit and wait

 

cab

[wannabedebtfreesoon]

OMG!!! They are so stupid! That letter clearly states that this is NOT a request made under the Consumer Credit Act!! £1 fee only applies if it was, dumbos!

 

I may be wrong here but I thought the NOA was supposed to come from the OC?? I'm not 100% on that by any means so don't quote me! Just athought to check out

[cab1ne]

OMG!!! They are so stupid! That letter clearly states that this is NOT a request made under the Consumer Credit Act!! £1 fee only applies if it was, dumbos!

 

I may be wrong here but I thought the NOA was supposed to come from the OC?? I'm not 100% on that by any means so don't quote me! Just athought to check out

 

hello i wannabe a classic (and now is)

 

"dumbo's (you are polite today)

either can send a NOA providing it is done correctly. they forgot to read s196 LOPA:rolleyes:

 

cab

[wannabedebtfreesoon]

I'm only being polite cos I is Classic ha ha!!

[postggj]

well i would put it in the defence that they refuse to send a copy of the agreement ref your cpr request and enclose the letter as an exhibit

[cab1ne]

can i submit an ex160 for MCOL / CCBC

 

cab

[cab1ne]

thought of sending a quick CPR 18, as their time runs out on 18th june

 

Part 18 REQUEST FOR FURTHER INFORMATION

To: CAPQUEST INVESTMENTS LTD (claimant)

 

Please answer the following questions:

 

1. Why have you stated in your letter Dated 14th June 2010 that my request for the documents I have asked for are subject to a £1.00 Fee.

2. Why have you stated in your letter Dated 14th June 2010 that you are not bound by the Consumer Credit Act, to provide the Documents within 7 days. When my request for documents are made pursuant to Civil Procedure Rules (CPR) 31.14

 

 

good to go or shall i wait till the 18th and apply for a strike out / or stay

 

cab

[citizenB]

It will cost you nothing to send the CPR18, other than the postage. It would be interesting to know what their response would be.

[citizenB]

can i submit an ex160 for MCOL / CCBC

 

cab

 

Phone Northampton and ask.

[cab1ne]

Phone Northampton and ask.

 

do you know the phone No, i can't find it anywhere

 

cab

[citizenB]

Hi Cabine, it should be on the claim form.. very tiny print.. but here you go anyway.

 

 

0845 408 5302

[cab1ne]

Hi Cabine, it should be on the claim form.. very tiny print.. but here you go anyway.

 

 

0845 408 5302

 

thanx citb,

yes, very tiny indeed.

 

 

got a 28 day extension, but not holding my breath:rolleyes:

 

cab

Edited July 22, 2010 by cab1ne
UPDATE

[citizenB]

thanx citb,

yes, very tiny indeed.

 

got a 28 day extension, but not holding my breath:rolleyes:

 

cab

 

It does seem very out of proportion to the rest of the text.. I wonder if they dont actually want anyone to phone

 

That is good you have an extension of time. Well done.

[cab1ne]

It does seem very out of proportion to the rest of the text.. I wonder if they dont actually want anyone to phone

 

That is good you have an extension of time. Well done.

 

thanx citb

 

do you know why the cagger / guest info has gone from the bottom of our threads:confused:

 

cab