Urgent advice please - CCJ (Capquest)

[thebaglady]

Thank you everyone.....letters printed, ready to send now recorded delivery tomorrow.

[thebaglady]

Update....

 

Letters sent today - recorded delivery, I will keep the reciept and proof of posting safe.

 

Just need to wait and see now..

[citizenB]

On Monday, check out the Royal Mail Track n Trace website. Pop in the number from your proof of posting slip and check that the letters have been delivered / signed for. If so, then print out the slip that says it has been delivered and signature if it is available. Keep the print out with your letter/proof of posting:)

[thebaglady]

On Monday, check out the Royal Mail Track n Trace website. Pop in the number from your proof of posting slip and check that the letters have been delivered / signed for. If so, then print out the slip that says it has been delivered and signature if it is available. Keep the print out with your letter/proof of posting:)

 

 

Thank you so much, i will do exactly that.

[thebaglady]

Update.

 

I checked on the Post office Track and Trace... and letter was delivered on 24/6/10 from the Reddich delivery office, no signature though.

I have printed a reciept and will keep with my proof of posting as you have advised.

 

So i just wait to see if they reply now ?

 

Thanks again.

[thebaglady]

I believe i now have until 5th July (which will be 28 days from date of service = 7th June).

 

Can i submit my embarrassed defence via email or will it have to be a letter? - just wondering how long i will have, if Legal & Collections dont reply.

 

Thanks.

[citizenB]

Hello

I am hoping that i can get some advice, I have just recieved a claim form from Nothampton County Court. This was sent to my previous address, and was redirected by royal mail to my new address. I believe i only have until 21st to reply.

 

Claiment is Capquest Investments Ltd.

 

Particulars of Claim - part only of monies due under regulated Credit Acreement Number **************** between Capital One Bank and the Defendant the benefit of which was assigned to the Claiment on **/4/07. The Agreement terninated on the Defendants failure to comply with the terms of the agreement and /or the statury Notice of Default served by Capital One Bank Ltd.

The claiment seeks interest pursuant to section 69 of the County Courts Act1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to the claiment on:0870 0843533 (phone) or 0870 084 2570 (fax) or email : litigation@cdrhl.co.uk

 

Amount claimed is 299.99

Court fee 15.00

Solicitors costs 50.00

Total amount 364.99

 

The debt is from approx 7 years ago, i dont have any of the original paperwork. I just dont know what to do and am really panicking. Without going into everything, we have been through so much and are just getting our lives back on track a little, and i dont want a CCJ over my head, we had our home repossessed 3 years ago, and rent private now, pay everything on time etc. I am so scared this is now going to be serious. I cant go back to living in fear of the postman, or a knock at the door again.

 

I have treied to give as much detail as i can, and apologise if there is already a thread similar, i did look first but i am very worried and need to know how to approach this, with the Courts and Capquest.

 

Thanks, i am waiting for your advice.

 

Update.

 

I checked on the Post office Track and Trace... and letter was delivered on 24/6/10 from the Reddich delivery office, no signature though.

I have printed a reciept and will keep with my proof of posting as you have advised.

 

So i just wait to see if they reply now ?

 

Thanks again.

 

 

Yes, 5th July is your final date for submitting. You can actually do it online if it is less than 8,000 characters, which I suspect it will be

 

I wouldnt worry too much about the lack of signature at this point. As long as it is confirmed that it has been received. RM are usually quite a way behind in scanning in the signatures to their website.

 

So, already they have had the letter for 5 days. Next Monday is the 5th so I would say you need to have had a response from HL Legal by Thursday, 1st July at the latest. That way we can sort out something for you to put online by Friday/Saturday.

[thebaglady]

Thanks again for all your advice... I will keep you updated.

[thebaglady]

Hello.... I have still not recieved anything at all from them.

 

What do you suggest I do now, the deadline is Monday 5th?

[james141]

Me either

[citizenB]

Ok both,

 

Then I see you will need to put in your embarrassed defences, just to ensure that Judgement by default isnt given to the otherside.

 

I will have read back over both your threads and draft something up for you.

 

[citizenB]

Hello

I am hoping that i can get some advice, I have just recieved a claim form from Nothampton County Court. This was sent to my previous address, and was redirected by royal mail to my new address. I believe i only have until 21st to reply.

 

Claiment is Capquest Investments Ltd.

 

Particulars of Claim - part only of monies due under regulated Credit Acreement Number **************** between Capital One Bank and the Defendant the benefit of which was assigned to the Claiment on **/4/07. The Agreement terninated on the Defendants failure to comply with the terms of the agreement and /or the statury Notice of Default served by Capital One Bank Ltd.

The claiment seeks interest pursuant to section 69 of the County Courts Act1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to the claiment on:0870 0843533 (phone) or 0870 084 2570 (fax) or email : litigation@cdrhl.co.uk

 

Amount claimed is 299.99

Court fee 15.00

Solicitors costs 50.00

Total amount 364.99

 

The debt is from approx 7 years ago, i dont have any of the original paperwork. I just dont know what to do and am really panicking. Without going into everything, we have been through so much and are just getting our lives back on track a little, and i dont want a CCJ over my head, we had our home repossessed 3 years ago, and rent private now, pay everything on time etc. I am so scared this is now going to be serious. I cant go back to living in fear of the postman, or a knock at the door again.

 

 

 

 

 

 

Name

 

 

Address

 

 

 

21 June 2010

 

 

 

 

 

Dear HL LEGAL & COLLECTIONS

 

Agreement Number - xxxxxxxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

My Signature – TYPED not SIGNED

 

 

 

Here you go baglady. You can submit this online . Do make sure you print off the receipt.

 

I am not sure if we can just slip in a point that points out that there is a possibility that this is or could be statute barred. So hold fire for a while until I see if we should. BRB

 

 

Defence

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

3. On DATE, I requested by way of CPR31.14, information that is mentioned in the Claimant's Particulars of Claim but wasnt attached to the claim form. I have obtained proof from the Royal Mail Website that this letter was delivered on DATE. However, the Claimant has not responded.

 

4. The Claimant pleads that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

5. I respectfully request the court’s permission to submit an amended defence should the claimant provide the information requested.

Edited July 2, 2010 by citizenB

[citizenB]

Actually, I have just found this defence by Surfaceagentx20 in respect of statute barred debts.. it may well be a good idea to go with this one if you are absolutely certain of the statute barred status.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1742711.html

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the Claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

[citizenB]

If you are not absolutely certain, then I have given you a third alternative.

 

Defence

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

3. On DATE, I requested by way of CPR31.14, information that is mentioned in the Claimant's Particulars of Claim but wasnt attached to the claim form. I have obtained proof from the Royal Mail Website that this letter was delivered on DATE. However, the Claimant has not responded.

4. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the Claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

5. The Claimant pleads that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

6. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[thebaglady]

If you are not absolutely certain, then I have given you a third alternative.

 

 

I went for the one which applys if you are not 100% certain debt is statute barred - though i am 99%, though it better to be sure.

 

Thank you so much citizenB for all your guidance, i have submitted my embarrassed defence as you suggested, including the additional part that you advised in James thread.

 

I have printed off the reciept....just hoping i have done it correctly (of course i have i am just doubting myself..!!!!)

 

I am just so grateful for the help i have recieved.

 

Will wait and see what happens next.....

[citizenB]

I am just reposting what I have posted on James' thread for reference:D

 

I am sure you have done everything correctly.. so relax and enjoy the weekend.

 

 

 

James and baglady, both.

 

What happens next is the creditor has 28 days within which to decide if they want to move forward with the claim. If they dont contact the court in that time, then the claim will be stayed (put on hold).

 

Or they can just advise the court that they no longer wish to continue.

 

If they do continue, then you willl receive an Allocation Questionairre and notification that the claim has been moved to your local courts.

 

Just let us know if you receive the AQ and we will deal with that.

 

As you have both claimed that there is a liklihood that these accounts are statute barred. I am hoping, as no doubt you will be, that they will discontinue.

[thebaglady]

Thanks again for the above information, I hope you have a nice weekend too.

[thebaglady]

I have an update.... had a reply from the courts.

 

CASE NUMBER XXXXXX

 

CAPQUEST INVESTMENTS LIMITED - V - MYSELF

 

I acknowledge reciept of your defence. A copy is being served on the claimant (or the claimant's solicitor).

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wished to proceed, the claimant must contact the court within 28 days after recieving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

 

I have not yet heard anything from Capquest, so will wait and see what develops.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/265691-statutory-demand.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/265583-capquest-statutory-demand-bankruptcy.html

 

 

 

Hello baglady, tis the waiting that is the worse part

 

Just so you can see that you are not alone with this company.. have a read of the two threads above. You will see that CapQuest have been issuing statutory demands like confetti at a celebrity wedding:rolleyes:

 

The 2nd link, I believe the CAGer has had a visit from Trading Standards in response to her complaint.. could get very interesting.

[thebaglady]

Thank you citizenB - I am going to have a very good read.

[james141]

Hi thebaglady, have you had a letter from them recently?, I have

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262485-Received-Count-Court-Claim-Today-Capquest-CAP-ONE&p=3251308#post3251308

[citizenB]

Hi baglady, would bee good if you could advise if there has been any progress on your case. Am trying to get some advice and will post on James' thread, should you find yourself in a similar situation.