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Capquest/Shoosmiths small 1a claim Airdrie Sheriff Court - old shop direct debt


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Hi guys, been dealing with Capquest via Shoosmith.

Sent CCA requests to Capquest via Shoosmiths as you can see.

 

Even though they said no further legal action would be taken I went to court to day regardless

 

after sitting like an edjit for several hours I went an spoke to a clerk.

Turns out Shoosmith changed the hearing dates on the 20th January to 29th April and I've never been informed!

 

At the current time I have yet to receive any documentation in regards to the CCA request yet my request has been acknowledged.

 

Why has Capquest added £186 onto this account since last month?

 

Why is Shoosmiths still taking me to court even though they said no further action will be taken while Capquest is "investigating"?

 

Sorry this is meant to be the 25th not 29th....

 

And dont know whats going on with post images, was having bother adding them.

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I have removed you images

you need to remove the ref no. in atleast image 1

pop them in ONE multi page PDF please.

 

yes they will add the court fees to the debt

but that doesn't mean its even enforceable

 

its a speculative claim..

you've upset their remit by the CCA request.

 

what defence did you file?

 

and was the claim filed to the correct address

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Multi-page PDF created and attached.

 

The amount added hasn't been added via court,

I check my credit file (noodle) and have discovered Capquest adding to it.

December 2016 it was at £628 this month it has been updated to £814.

 

No defense was submitted as I wasn't requested to, was only to file what I would be doing.

 

And yes the summons came to my current address.

docs1.pdf

Edited by dx100uk
11Mb PDF reduced to .2Mb - dx
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you should have returned page 7 by 17th jan did you?

 

looks like they've been given 3mts to get documentation together.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I returned page 7 on the 16th of January,

I went up to court at 10am along with my Father on the 31st to defend my position and sat waiting to be called,

 

eventually spoke to a clerk who checked the details of the summons and I was informed Shoosmith had contacted the court on the 20th of January 2017 and changed the date to 25th of April 2017 and that I had to return page 7 on the new summons.

 

I have not been informed of this change in date from Shoosmith by any means and I haven't been issues a new summons either.

 

I have also been waiting from December for my CCA request to be competed by Capquest, the request has been acknowledged twice.

 

Can anyone advise me on this please, cheers.

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as the court where the new summons form is?

somethings not right here

 

 

a pursuer should not be able to change a hearing date without your consent

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The clerk I spoke to told me that its not the court that sends out the summons but Shoosmith lawyers.

 

I have no idea to be honest, I'm thinking I may require some legal help on this one as it seems to be above my head.

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yes correct but they cant change a summons date without your consent as far as I know.

 

and I don't think you'll get 'a new summons' unless the old case has been cancelled...

 

maybe its me

but somethings not sitting here right with me...

 

in speculative claims in Scotland the sheriff don't usually allow the shenanigans they play down south.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'll call the court on Monday and make some enquires,

 

in the mean time do you have any suggestions or template letters I can send to Shoosmiths at this time?

 

That's now 2 months I've been waiting on CCA request to be fulfilled on and now the carry on with the court.

 

I can't help but feel this is an attempt to lead me astray to get automatic decree.

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no we don't ever recommend chasing failed CCa requests

 

that's the sheriffs job!!

 

you've CCA'd them

you've mentioned as such in form 7

 

they cant get a decree by default.

 

much the same as speculative claimforms down south.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi again, sorry didn't get and email notification saying you had replied back , that or I have over looked it in my inbox.

 

I received the attached letter today via recorded delivery,

 

now I'm no expert but I'm pretty sure they are saying that this was called in court on the 31st and heard by a Sheriff.

 

et I know for a FACT they changed the dates themselves and they didn't attend court!

 

Advise please as clearly they are at it.

shoo letter.pdf

Edited by dx100uk
8Mb single page pdf reduced to 58kb - dx
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sorry been busy all day

 

I suggest you ring the clerk and tell them what has gone on and state you object to the continuation as you were not advised and would have asked for the claims adjournment at the first hearing

 

the pursuer has had amply time already to produce enforceable paperwork that they should provide anyway before taking you to court or atleast hold before they raised the claim.

 

something very fishy has gone on here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

hows this going?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

Sorry for the slow reply, I allowed it to go to court.

Shoosmith didn't attend but used one of the clerks as in intermediary.

 

They requested a further 3 months to get files

but the sheriff gave them 4 weeks

plus they also have to send one of their own people to attend in person,

he wants them to explain why they have me up in court.

 

That was after he read the letters they sent to me,

I guess their own letters aren't doing them any good.

 

See their latest communication,

says there was a document enclosed which there was not but I'm not surprised.

leter.pdf

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thank you

which court or atleast city?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thank you so not a tiny remote NE coast court where they sometimes waive the necessities of agreements/notice of assignments & Default notice production.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

And another 8 week extension so they can retrieve the documentation, sheriff to them last one either move forward with it or drop it. At the current time can I request all documents that cap quest have about me?

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yes you can but to what end?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

the more hearing they have the more money you might get in costs too.

i'd let it run.

 

not really any point in asking capquest direct

the sheriff has already told them get your finger out.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I hope you mean get their finger out lol

 

And yeah I'm worried about being left paying a fortune back to Shoosmith, I've been wondering if I can submit a counter with fees for my time and expenses play them for awhile.

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under SPR yes you get costs awarded auto at the end

 

 

don't remember if 1a is the same

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

outcome?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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