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georgie2404

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  1. Hi im back again this week i received a copy of my agreement that just has a box ticked and my name. They also sent me a screenshot of them showing a default notice. They sent me a list of statements. The court has stayed the claim but restons are now asking me to fill a form to stay i agree with the claim and if i dont they will get the stay lifted?? What shall i do now?? hope this is better doc s.pdf
  2. I have received a letter off restons today saying they dont need to supply me with any copies of anything as i should already have them and to look through my personal files. Ill try upload a copy of the letter I dont know how to upload to the sight This was my defence: Particulars of claim: The Defendant contends that the particulars of claim are brief, vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.Paragraph 1 is noted, although I do not recall entering into a contractual relationship with Shop Direct or am aware of any balance outstanding. I have therefore sought clarity by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests. 3. The second paragraph is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I then received the letter off restons today dated 7th sept. This also inc a income and expenditure form giving me 14 days, they have 21 days left to submit back to court which they said they will suggest to their clients. Im really lost on all this im due a baby in 9 weeks and its really stressing me out.
  3. I looked through all the posts and seen the defences people put in and changed wording for mine. As i received nothing off restons or capquest. i sent a cca request on 26th july and the other request on 11th august and nothing received to date
  4. I have submitted my defence yesterday as i still hadnt had anything off restons or capquest
  5. Well i recieved a letter off capquest referring to a cca request sent to them in july, saying they have asked shop direct for the information needed. Ive not heard off restons regarding anything else. Have they had enough time? Do i now put in my defence? I would have thought capquest would have all the details if they bought the account off shop direct?? Many thanks
  6. I acknowleged yesterday so how long is that then before the defence? What do i write as defence?
  7. Thanks the letter will be sent 1st class recorded tomorrow. I will wait and let you know the outcome, do i wait a specific length of time?
  8. I have rang very who the catalogue was with they say i made a payment in march 2015 i have requested bank statements to check this as i dont think this is right. My mum died in june 2012 and my dad gave me money in sept i sent them letters to pay the balance off but never heard back so havent made any contact since. Statements will take 7-10 days. Should i also send the letter off to capquest again asking for copies off all letters and info?? Whats the template i need to send please
  9. Name of the Claimant ? Capquest investment Date of issue – 10th august 2017 What is the claim for – 1.The claimant claims payment of the overdue balance due from the defendant under a contract between defendant and shop direct dated on jan 07 2009 and assigned to claimant on 21st nov 2015 What is the value of the claim? 5216.06 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue account 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. capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware Did you receive a Default Notice from the original creditor? Dont have this Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No never Why did you cease payments? At least 6 years ago What was the date of your last payment? Cant remember 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? At least 6 years ago This account shows as closed on my clear score credit report, i sent a cca request 3 weeks ago by recorded delivery they received but never acted on it. What is the next letter i need to send so you have a template? Thanks for all.your help
  10. i sent the letter to capquest heard nothing now have a county court letter off restons? What do i do now? i received letters off restons for an old shop direct account that hasnt been in action for around 6 years its not even showing on my credit file other than old account. i sent a cca request off to capquest and never heard back, today i have a letter off county court business center northampton and i dont know what to do next?? Please can anyone give me advice , i will be on maternity pay as of end of august and am really worried about money
  11. I have recently received 2 letters off restons one last week with a income and expenditure form and one today giving me 14 days to reply with either full payment or installments again with the income and expenditure form. Its on behalf of capquest who have taken over a debt from shop direct its for £5177.00 i havent heard off shop direct in years. Ive looked on my credit file and a default was put on 2015 but i havent responded or spoke to them in 5 years at least. I went through a very hard time personally i cant even rememeber the last time a payment or any contact was made with shop direct. Ive never spoke to capquest on the subject. What do i do now?? I think this debt is over 6 years old i dont think i have made contact or paid anything within 6 years, how do i find this out? Please help im due a baby in november and only on maternity pay this is the last thing i need to come out the woodwork
  12. yes i did and they came out again and now im getting a whole new sofa soi won woo hoo x
  13. wish dfs would do that for me, ive had my sofa for 5 months and all the cushions went flat and where you sit is an indent of your bum, even where my 9 year old sits. First they came out and said they would do nothing, then the manager came out and said they would repair the sofa as it was bad. they took it on wed 17th/5 and i got it back 18/5 some have been filled but some havent and the seat still sinks in. ive complained again but i dont know what else to do, ive told them to come and collect it as i dont want it !!!
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