Hi all

Apologies if this isn't right as i'm new to the forum as i'm looking for some advice.

I saw that others have had a similar experience to me and was hoping you could help me too.

Last week I had a Sheriff Officer at my door who in the end put the form through in regards to the Simple Procedure Claim relating to a debt from 2012.

This got me concerned which led me to do a bit of searching on the internet for advice.

The debt came from a time when I took on far to much and in the end couldn't afford to make payments.

Yep, it was a stupid decision and one i've regretted for the last few years and this particular one is from Isme for approx £614 I believe, would need to double check the form.

I actually think that the debt is Statute Barred, based on when i made the last payment which i think was back in 2012 from what i have on my bank statement.

Capquest are claiming that the last payment was in July 2013,

however i also had a very account which i was making payment to and the account number on the form is for Isme, which was different.

As the payments were to Shop Direct as a whole would this be counted as my last payment even though it's a different account?

I do know that Isme is now essentially Very and doesn't exist anymore.

When i signed into my account it was via the very website,

although I had to choose the separate account number for Isme.

When I get home i can post more information if required although any help/advice would be greatly appreciated.

Thank you

go ring shop direct and using the ISME account number

as the last payment date.

I would pretty much guess the debt IS statute barred and thus totally extinguished under Scottish law

as cabot often make this mistake in making Scottish claims.

when you get home

complete this too please:

https://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

dx

Hi dx

Thanks very much, i appreciate your help.

I'll fill in the information when I get home and contact Shop Direct too. Will be back in touch when I have it.

Thanks again

name the issuing court: Dundee 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 operations 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 23/7/2013, the claimant acquired title to and was assigned the right to payment in respect of all debts and monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as the date of the AGreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the respondent by way of a written notice on or around 23/07/2013.

3. 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 sort out the sums due and the basis upon which they fell due.

There's a an area D4, unsure if you will need this information? Just let me know.

Last Date Of Service:- 27/12/2017

Last Date For Response:- 17/01/2018

What Documents are listed in Box E2:[or in your form requesting the same?]

A copy of the credit agreement,

statements of the 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?

D5 what has the claimant said]: I want the court to order the respondent to pay me the sum of £614.11

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? I believe so

Did you receive a Default Notice from the original creditor? More than likely although i can't recall.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

When was you last payment:- I don't believe i've made a payment based on the information gathered

Why did you cease payments:- n/a

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? No

Hi again

i've called Very/Isme and they said that they were unable to give me any payment information as the account has been sold.

They proceed to give me a number which i've double checked is the DCA.

Also,

thinking back,

i'm quite sure that i took the item out on a BNPL and within the 12 months i ran into the financial difficulty and didn't actually make a payment.

As mentioned earlier,

there was nothing on my bank statement to show a payment to this particular account,

although i had continued making payments to very throughout 2012 to a different account until i couldn't afford to anymore.

Not sure where i stand with this?

I've copied in the information asked for below too.

Thanks again

can you go get a copy of your credit file

and see what date is shown for last payment please and that those two accounts are showing as separate [very/isme - they are sep trading names of shop direct]

and the defaulted date please

can I also check that your were resident in Scotland when you took this catalogue out?

....................

go ring ISME again.

ask for the same info.

if they refuse again stating its been sold...

tell them under the prevention of fraud act

and

the data protection act

that they MUST legally hold details for 6yrs and to stop messing you around

ask to speak to a supervisor should the phone jockey refuse

tell the super that unless you get the info you will be ringing the information commissioners office 1st thing you put the phone down and making a formal complaint and will seek compensation too.

as for the form

for the minute not much to do or needed

but for the future read here:

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland

Morning dx

i only use clearscore i'm wondering if there's maybe another site that can give me more of this information?

Checking the details it's showing that my last payment was apparently in June 2013,

however I know that definitely wasn't the case.

I'm wondering why it's showing as this,

could that have anything to do with it being BNPL?

I can't see a defaulted date,

that's why i'm thinking i might be best signing up to another site?

Also, it is definitely showing as a separate account.

Yeah, i was definitely living in Scotland when i took this out.

In fact, I was living at my old address why i took this out,

i moved earlier this year,

and everything is showing as the old address as you would expect.

I'll give Isme a call back some time throughout today with the information you've provided if i'm having any more trouble.

Just to confirm, it was just as i thought.

It wasn't easy getting the information from Shop Direct,

i had to quote the things you'd advised which were very helpful.

In the end,

the person i spoke with had to contact a "specialist" team who confirmed that since the account was opened in February 2012 no payments were made toward the account.

Hope this helps.

brilliant so this is statute barred

which under Scottish law means its extinguished dead gone parrot.

there are numerous free Credit file providers

noddle

Experian

what you need to do is all in this thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?480820-Capquest-Shoos-SPR-claim-Kirkcaldy-old-Very-CAT-debt-SBd-**CASE-DISMISSED**

follow it verbatim

any questions ask here please

Hi dx

Thanks again, i'm grateful for your help.

I'll look through the thread and follow everything as you've said. I assume because of the information I've gathered I won't have to find out more from any credit file providers anyway?

The term dead gone parrot sound great to me in this instance.

Won't hurt to check others

I'm not sure if it makes any difference, however on Noddle it says that the account defaulted 10/07/2013.

no in a way its makes no odds..its extinguished end of!!

but

its shows 2 things:

that capquest continue to believe the cause of action is the defaulted date [wrong!]

and that if their submission is to be believed.

they bought the debt 23/7

well theres not the statutory 14 days from the defaulted date to the selling date

so the Default notice is invalid or someone is lying...knowing capquest..the latter.

dx

Great! The latter does seem more likely considering that there was no payment made.

Shall I just press ahead as normal based on the thread you've mentioned above? I'll take a look at everything and fill in the necessary areas. As it mentions in the thread, do I have to send a copy to capquest as well?

Thanks again

yep

copy goes to the claimant you can omit email/phone/sig on their copy

Hi dx

Sorry for the delay.

So just so i'm clear, as i don't want to mess anything up and wanted to make sure.

I'm filling in the relevant parts of the form i have with the information from the other similar thread and photocopying that and sending a copy to shoosmiths?

Thank you

yes you can leave out your email/phone on their copy if you wish

no need to give them extra ways to harass you..

Hi dx, sorry for the delay i've been really busy with work.

I'm just getting round to filling in the form just now, by following the link above, and do i just write exactly what's in D1 and D2 of the attachment? It says about having to put key dates etc. in D1 and just want to be clear.

Also, when i photocopy one, shall i send it to shoosmiths or capquest? I don't want to mess anything up.

Thanks again for your advice.

you need to READ your thread already answered the above

then follow that other thread

Ok, thank you. Sorry, I just want to ensure that i don't do anything wrong.

Do i just enter this into D1 then?

1. The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated 31/03/2015. A CCA request section 7? was sent recorded delivery on [date]. To date the claimant has failed to comply & is in default of said request.

2. The respondent is unaware of any default notice served under section .. of the consumer credit act

https://www.consumeractiongroup.co.uk/forum/showthread.php?480820-Capquest-Shoos-SPR-claim-Kirkcaldy-old-Very-CAT-debt-SBd-**CASE-DISMISSED**

from post 10

not sure what you are reading

you use the sb defence as yours is sb'd

Morning DX

Thanks again.

Sorry i'd had a bit of a stressful day yesterday and it wasn't making much sense to me, I think, I hope anyway that the penny has now dropped after looking at it again.

The information i'd copied in above was actually in the Simple Procedure response form in D2, however I see now the information you've put in the other thread in regards to Statue Barred. If i'm right in thinking all I have to put into any box is the below into D1?

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

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barredicon pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

under scottish laws the debt is now extinquished

.

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

Sorry and thanks again for your patience, was having a bit of moment, or actually a few last night.

tada

Haha thanks dx.

I'll get these sent off asap. Just reading the form i have again, it says send a copy to the sheriff court and the claimaint. Throughout this thread we've said send to shoosmiths, however should i send a recorded copy to Capquest instead or both?

Side note, great album alongisde your name by the way. Brilliant!

it would be far better if you could hand deliver the court copy to the clerks office and get it checked IF at all possible.

my bad the copy goes the claimant.

leave email/phone off their copy and you don't have to sign theirs either.

it can go 2nd class with free proof posting from any PO counter

there no legal requirement to do anything other than prove you posted it to them.

Hi dx

That's it done.

Handed in the form to the sheriff court on Monday and sent them off to Capquest.

I did ask what would happen next as it's SB and they said it's up to the sheriff.

More than likely there will be a hearing but they'll be in touch, although it can take quite a few weeks.

Fingers crossed all goes well now. I'll keep you posted.

Thanks again for all your help.