name the issuing court: Paisley Sheriff Court

Who Is The Claimant: Capquest Investments Limited

Who Are the Solicitors: Shoosmiths LLP

What type of action? (simple/Ordinary): Simple

What is the claim for:

1.The claimants are a finance company which inter alia operates the business of debt purchasing.

2.By virtue of a debt purchase agreement (“the Agreement”) between the claimants and Shop Direct Limited (“the Original Owner”) dated 28/03/2013,

3.the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as at the date of the Agreement and in particular in relation to the contract hereinafter condescended upon.

That said assignation was intimated to the respondent by way of a written notice on or around 28/03/2013.

4.The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974.

Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fall.

Last Date Of Service:- 17/07/2017

Last Date For Response:- 07/08/2017

What Documents are listed in Box E2:

A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Catalogue

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Don’t know

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

When was you last payment:- 31/07/2012

Why did you cease payments:- Financial problems and health issues

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ?

I had made enquiries about entering a debt management plan through a third party however no payments were ever made.

One piece of additional info that may be relevant.

The letter was posted through the door of my previous address.

My parents still live there however I now live in Edinburgh.

Formatting of my post is off for some reason. Tried to edit but to no avail.

that's ok

5 mins

was this served by recorded delivery and a signature given for it?

when did you move out and did you inform things like your creditors or update your credit file?

how do you specifically know that last payment date?

No signature. Believe it was sent first class.

I have registered on the electoral roll at my new property earlier this year.

Haven't had any creditors that I'm aware of to inform.

Didn't update my credit file with the new address other than registering on the electoral roll.

I received emails from the original creditor when payments were made.

I've checked my records and that was the date of the last email I received from them.

And it was February this year that I moved.

are you 100% sure that last payment WAS 31st july

if it was the month before ..this debt could be statute barred!! [outside of 5yrs]

are you 100% sure that last payment WAS 31st july

if it was the month before ..this debt could be statute barred!! [outside of 5yrs]

I'm not 100% sure but I believe that was the date payment was taken.

no harm in ringing Shop direct and asking

go do it now.

if they state silly things like the account is closed

or go ring the DCA its sold

politely point out that under the prevention of fraud act and the data protection act they MUST hold data for 6yrs

now stop messing me around

tell me the last payment date.

goto a supervisor if you have too.

Date they've got is 31/7/12.

aw shame that.

ok std practice then

follow this thread please

http://www.consumeractiongroup.co.uk/forum/showthread.php?476571-Cabot-Nolans-Dumfries-simple-procedure-claim-old-Jacamo-JDW-CAT-Debt(1-Viewing)-nbsp&p=5048400#post5048400

the only thing you need to do for now is get a CCA request running to the claimant.

your form 4a needs to be with them by 4pm on the 8th

are you near the court?

dx

Thanks. I'll be able to get the form to them in time no problem.

post things up here if you need help

just don't go into anymore detail than the one ive done

speculative claim

gets a speculative reply.

Can I just check what, if anything, I should do about the jurisdiction issue. I don't believe the court has jurisdiction over the claim.

Yes they do

You are resident in scotland

hows this going?

Received a letter from Shoosmiths last week saying they were no longer pursuing along with a notice of abandonment.

Happy days.

Thanks for the help and advice.

so what did you do

send in the 4a and sent the CCA request and that appeared to work?

Yes. Sent it by email to the court and claimant.

CCA was never actioned by them.

Only contact I had in between was an email from Shoosmiths asking for my name, address, post code and date of birth which I did not respond to.

The court did also send another letter saying they acknowledge I was contesting the claim and that they had 30 days to produce be relevant documents.

I would ring the sheriff clerk and check they have received the same info.

then ask if there is anything you need to do .

I would suspect that once the sheriff has sight of the latest correspondencehe will ex proprio motu (at his instance) dismiss the case with no expenses due to or by any party without the case calling again in open court.

but you must check

we've seen these kind of stunts pulled before to make you miss important hearings.