Hi,

Very new to this forum although I have read many a post...

I was unfortunate enough to receive a claim form from Restons Solicitors for and alleged debt owed to Capquest for a shop direct account.

After reading many a good post I acknowledged the claim on the MCOL site with defend all..

CCA request sent to Capquest via signed for service, its been received but to date no response.

CPR 31.14 sent to Restons on 05/12/2016 again via signed for service, received on the 6th December 2016 and signed for.

Today I have received a response from Restons and it reads as follows.

Dear Madam,

RE: Capquest investments Limited v. Yourself

Account Number: xxxxxxx

Original Creditor and Product type: Shop Direct - Isme Mail order

Please find enclosed a draft letter which purports to come from you but which is unsigned.

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response..

Yours faithfully

Miss N Didsbury, Case Manager

Is this a standard response from Restons for receiving unsigned CPR requests...

Should I respond back?

or ignore

Thanks in advance

ClaraCluck

hi ya

welcome aboard

can you fill this out please so we have all the correct info to help you

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

as for the letter

that's rectums std response.

safe to ignore it

but is used in your defence!!

Hi,

Thanks for your response....

I did fill out what you requested but it seems to have disappeared....

My Defence is due by Christmas Day of all days, but I'm thinking I'll have to file it Thursday 22nd to ensure its received in good time...

If you could have another go Clara...copy and paste the contents of the link into your reply then pop the answers along side the questions.

Regards

Andy

so did you file a defence?

dx

DX,

Yes a defence was filed using one from here and adjusting to suit my needs, filed on the 22nd December 2016 so now to sit back and wait..

No confirmation from court of it being received

UPDATE TIME.....

I filed my Defence 22nd December 2016, acknowledge on the 23rd December on MCOL and letter after Christmas.

Restons acknowledged receipt of defence. advised that they are seeking clients instructions

Today I have received a letter penned by a trainee solicitor from restons.....

It reads

Re: Arrow Global V Yourself

Claim Number:xxxxx

Original Creditor and Product type: Shop Direct - Mail Order

We write in respect of the above matter,

We note you have recently filed a defence to the court proceedings against you.

We would point out that the claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures.

By way of explanation, capquest investments limited is a debt purchaser. We would advise that the simple debt recovery action and the relevant facts are as follows...

1. The outstanding balance referred to in the particulars of claim relates to a mail order facility with account number XXXXXX. Our clients records indicate that the original credit agreement was dated on or about XX/11/2012

2. Statements of account would have been sent to you on a monthly basis during the lifetime of the account. Such statements will have identified any items of expenditure, payments made towards the account, the application of any contractual interest/charges and the outstanding balance.

3. You failed to maintain the minimum payments as required by the statements of account and accordingly shop direct terminated the credit agreement.

4. In line with the terms and conditions of the credit agreement, the original creditor had contractual right of assignment. In other words, shop direct was entitled to transfer their rights and benefits under the credit agreement to a third party and that right was exercised on XX/02/2014. Around the time of assignment

you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a notice of assignment from Capquest Investments Limited.

In light of the above, we respectfully suggest you check your own personal records as documentation has previously been provided to you throughout the lifetime of your account.

We are not aware of any properly constituted request having been made to the claimant pursuant to S77/78 of the Consumer Credit Act 1974. Please therefore provide us with evidence that a valid request has been made to the creditor and that the appropriate statutory fee has been paid. In any event,

we respectfully point out that even if a valid request has been made, non-compliance with such a request only renders the account unenforceable until such time that the request has been complied with. it does not mean that the claimant is unable to recover the debt indefinatley.

In view of the information set out in this letter, we do not believe your defence has any real prospect of success and we will therefore recommend to our client that an application be made to strike out the defence and to enter a judgment against you for the full amount claimed, together with legal fees and costs.

Should you wish to avoid these further costs being incurred then we invite you to withdraw your defence by completing the enclosed Form N9A and returning it to this office within 14 days.......

OK so that's the letter received today, interestingly the original claim form stated Capquest as the claimant, and the letter refers to Arrow Global as the Claimant, also the enclosed N9A form has Arrow Global listed as the claimant.

they are asking me for proof that I sent a CCA request???

the tone of their letter suggests that they don't have the relevant information relating to the CCA request and neither does the Claimant.

Any suggestions as what to do next...

I have proof of postage and a signature for the CCA request and the CPA request.. But no CCA received as of todays date...

Sorry forgot to mention that i'm sure that by the time RESTONS 14 day limit for me to reply to them is up, the claim would technically be stayed if the day of completed filed defence is day one of the 28 days... Taking one extra for Christmas

It is stayed...the above is a template response to all defended claims....its on every Restons thread...time to read around.

Andy

Wow that was a quick reply... Thanks..

Its not quite stayed yet as I only Submitted my defence on the 22nd December 2016 via MCOL with a MCOL filed date of the 23rd December 2016

I'll have a read around on scrotums..... sorry rectums...... sorry Restons cases...

Its stayed I assure you...it was stayed the day after you submitted a defence...irrespective of the 28 allowed for them to respond:lol:

Thanks Mr Andyorch..... i'm guessing from your reply pestons are full of hot air and very rarely follow through with their threats...

also i'm a little confused by your reply, you say you assure me its stayed the day after I filed... how so? or have I answered my own question

Answered your own question...for all intents and purposes its a good as stayed....with only the cherry picked claims actually proceeding beyond that point....but yes the claimant does have 33 days to respond until its stayed.

UPDATE......

So today I have received a letter from Restons, enclosing a copy of the credit agreement I asked for back in December via CPA request. The copy has not directly come from Capquest/Arrow Global or whoever they choose to call themselves.

The letter from Restons containing the copy of the Agreement is dated April 11th 2017 yet the agreement has a received date of 15th March 2017 stamped on it..

The letter reads as follows

Dear Madam...

Re: Capquest Investments Limited V Yourself

Account Number: xxxxxxxxx

Original Creditor: Shop Direct - Isme

We write further to previous correspondence in respect of the above matter, Our client has now provided us with documentation relating to your account and we now enclose the following item

Electronically signed credit agreement dated 25 November 2012

We believe the enclosed document is sufficient to prove your knowledge of the account

Further documentation is still awaited from our client in order to resolve the issues in dispute However, in the meantime you may wish to consider withdrawing your defence or alternatively putting forward settlement proposals in order to resolve this matter amicably, should this be of interest to you, please contact this office within the next 14 days to discuss your intentions regarding this litigation...

We look forward to hearing from you...

Miss L Murtagh, Trainee Solicitor..

-------------------------------------------------------------------------------------------------------

Now as far as the Claim issued against me back in November 2016 this is now very much stayed... I also have not received any copies of the Default notice, Letter of assignment...

Capquest themselves have yet to acknowledge my CCA request from early December 2016

well if they want to pay more money and lift the stay that's their problem.

unless the COURT writes to you

you can safely ignore any rectum or crapbot willy waving

Another Update.......

Have today received a further letter from Restons...

.. This time they are telling me that their client is willing to accept £xxxx.xx as a discounted settlement in this matter, and if I chose to accept their offer then they would not further their claim..

The letter waffles on a bit then says I have until 01/08/2017 to accept the offer..

To this date I still have not received any confirmation or paperwork from Capquest/Arrow Global in relation to the CCA request back in December.

I did receive a letter back in April from Restons which contained what looks like an agreement, but still no default notice or notice of assignment. The letter back in April stated that Restons were still awaiting further documentation to settle this matter..

More Restons willy waving??

yes std series

discontinuance

letter next.

dx

Hi,

Has there been any developments with this case?

Reason for asking I too had a CC claim in nov 2016 and filled a defence in dec 2016 and received (last week) the same letter and a copy a CCA which is allegedly mine.

https://www.consumeractiongroup.co.uk/forum/showthread.php?483723-Me-Vs-Cap1-Restons

UPDATE......

So today I have received a letter from Restons, enclosing a copy of the credit agreement I asked for back in December via CPA request. The copy has not directly come from Capquest/Arrow Global or whoever they choose to call themselves.

The letter from Restons containing the copy of the Agreement is dated April 11th 2017 yet the agreement has a received date of 15th March 2017 stamped on it..

The letter reads as follows

 

 

Dear Madam...

 

 

Re: Capquest Investments Limited V Yourself

Account Number: xxxxxxxxx

Original Creditor: Shop Direct - Isme

 

 

We write further to previous correspondence in respect of the above matter, Our client has now provided us with documentation relating to your account and we now enclose the following item

 

 

Electronically signed credit agreement dated 25 November 2012

 

 

We believe the enclosed document is sufficient to prove your knowledge of the account

 

 

Further documentation is still awaited from our client in order to resolve the issues in dispute However, in the meantime you may wish to consider withdrawing your defence or alternatively putting forward settlement proposals in order to resolve this matter amicably, should this be of interest to you, please contact this office within the next 14 days to discuss your intentions regarding this litigation...

 

 

We look forward to hearing from you...

 

 

Miss L Murtagh, Trainee Solicitor..

-------------------------------------------------------------------------------------------------------

 

 

Now as far as the Claim issued against me back in November 2016 this is now very much stayed... I also have not received any copies of the Default notice, Letter of assignment...

 

 

Capquest themselves have yet to acknowledge my CCA request from early December 2016

be better to start a new thread

this one is for advising CC

ok will do - still interested in what has happened in this case since the letters in April & July from restons

Onthewarpath, nothing much has happened since April other than receiving a copy of the alleged default notice and accompanying letter back at the beginning of November, Restons also made threats of getting the stay lifted so as to pursue the claim if I did not respond to their letter by the end of November 2017... NOTHING has happened as of yet.

usual reston willy waving then...

Ok, thanks for the info - restons are a strange bunch

How much is the alleged debt for?