Name the issuing court: Aberdeen

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:

Full Comment on Section D1 of Form

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

By virtue of a debt purchase agreement (“the Agreement”) between the claimants and Shop Direct Limited (“the Original Owner”) dated 30/01/2013,

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 30/01/2013.

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 fell due."

Last Date Of Service:- 25/12/2017

Last Date For Response:- 16/01/2018

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

On section D5 what has the claimant said]: "I want the court to order the respondent to pay me the sum of £800"

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? Unsure

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

When was your last payment:- Circa June/July 2012

Why did you cease payments:- Financial & Employment 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 ?

Circa June/July 2012, I was unable to pay all my commitments and had consulted a third party on possible options though nothing was ever confirmed due to irregular income.

Hi Everyone,

I was hoping to get some help from anyone who might know more about simple procedures.

I've received at my new address in the Central Belt,

a Simple Procedure Notice of Claim Form and it's linked to a Shop Direct debt.

I'm really unsure how I should approach this situation as this is the first time I've received one of these.

Between 2012 and 2016, I didn't live in Scotland or the rest of the UK and I've had a lot of financial setbacks since mid 2012.

The Court Citation comes from Aberdeen and it seems to be linked to my parents address where I used to live back in 2012, but I've been living in the Central Belt area for around a year now.

I no longer have the paperwork linked to this debt and on the back of advice previously discussed on similar posts,

I will call Shop Direct very shortly to obtain all my payment records and agreement etc.

If you guys have any suggestions, I appreciate any input you might have. Below are some of the major questions I have on my mind.

Is there a way I can get the court changed to where I'm living now?

If my creditors win the judgement, am I able to re-negotiate the debt amount to a more affordable size?

Is there a possibility that this debt is now statute barred?

If I make a CCA Request before the due dates listed on the claim form, does the court allow more time for the claimant to get back to me?

Thank you!!

no don't call shop direct for those

not your problem

all you need to do is get the last payment date

as with most of these SPR claims english DCA's are TOO THICK to realise scottish SB is 5YRS!! not 6 down south.

so go ring them and ask THAT ONLY!!

if you confirm its SB

its dead in the water.

dx

Hi DX,

Thanks for getting getting back to me with your advice. It's much appreciated.

I called Shop Direct today and they advised me my last payment was at the beginning of June 2012.

Do you know if there's a reliable way to calculate if the claim is statute barred from the Simple Procedure Claim Form provided by the Sheriff Officers?

So on the form they have the following dates:

Date of Order: 13/11/2017

Last Date for Service: 27/12/2017

Last Date for Response: 18/01/2017

Are any of those dates applicable as a way to calculate when the creditors claim officially started, and by extension be used to work out a timeline for statute of limitations?

Any advice you have would be amazing.

hehe

yet another one

follow this thread.

ask here if you get stuck.

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

" Default Re: Capquest/Shoos SPR claim Kirkcaldy - old Very CAT debt - SBd **CASE DISMISSED**

the Scottish SB defence

which I think runs.

The following defence is all you need if it is SB

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."

Hi DX,

Thanks for getting back to me.

So I looked over the thread and I was wondering if you could help me with the above quote?

I feel like I'm part OCD and part Simpleton sometimes, I just really want to get this right. Is the Claimant's Issue Date the same as "Date of Order"?

Thank you!

yep when they started the court claim.

dx

Hey,

Do you know where I would out when they started their official Simple Procedure claim?

Is it worth phoning the Sheriff Court to find that out?

I said yes to your question re date of order...

dx

Hey Dx,

after we last spoke I looked over the claim form again

I saw that on the claim form timetable section it said the timetable was changed.

I called the court today to see when this was changed and the sheriff clerk said that the claimant originally started this claim in late June 2017 and they re-applied for an extended time, hence why I received the claim form so late (mid November 2017).

The date when Capqst submitted the forms to the court is still over 5 years from when I made my last payment though only by a small margin.

I also got confirmation when I last spoke to the original creditor that the June 2012 payment was a token payment and my last full instalment payment was in early April 2012.

I also looked into some of the other CAG threads about interpreting when a contract becomes statute barred

I have a feeling that Capqst might argue that the debt didn't "fall due" until the DN was issued on January 2013.

Given your understanding,

do think it's still worth going ahead with the just the SB'd defence,

or do you think it's worth incorporating anything else alongside this?

Thank you in advance if you have any advice to give.

regards

nope changes nothing

how'd this go?

dx

Hey dx,

So I'm going to be sending my response form this week to the court and Capquest. I'll be indicating that it's statute barred. I'll re-post once I hear back from the court.

Thanks for your help again

Hey dx,

I recently emailed my response form to the court as well as the claimants representative.

The court hasn't responded back to me yet,

I will call them tomorrow to check that everything's acceptable for them to process the form.

Though the representative has emailed me back saying they can't respond back to me until I provide them my DOB.

Perhaps I'm just being stubborn but do you think it's worth acknowledging the represntative further at this point?

Thank you for all your help

no ignore them

simply check with the clerk to the sheriff court your form 4a was received

Hey dx,

I got my response back from the court today. They've requested that I attend a case managment hearing to discuss the claim with the creditor, much like the following thread you're also dealing with:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481976-Capquest-Shoos-Simple-Procedure-Claim-old-ISME-Shop-Direct-CAT-debt

Though the case is happening quite quickly, it'll be on the 6th of Feb.

The deadline in which the claimant needs to get their evidence submitted to the court will be at the end of this month.

The court has requested the following from the claimant:

The Statment of Account

The Contract

All Assignments

Having looked into the claim further, I'm thinking that the following should be my stance on the day:

- The claimant states on the SPR claim form that the credit contract in question is considered to have fallen due on the day of the first late repayment. I've calculated this to have happened more than five years before when the claimant first lodged their claim to the court.

- The last payment on the account was a token payment and this was also more than five years before when the claim was first lodged.

What's your opinion on this?

I was also thinking about emailing back the representative,

I got the impression when I read on the following article below that it might reflect badly on me if I'm seen to not have made any effort to 'narrow the issues' directly with the claimant prior to the hearing.

If you were in this situation, how might you engage the representative?

kerryunderwood.wordpress.com/2017/10/10/the-new-pre-action-protocol-for-debt-claims/

As always, your advice is much appreciated.

Thanks

- Sorry for the incomplete link, I've not posted enough to paste links on my comments

To add to the last comment sorry,

Where the letter mentions that I've been requested to attend this hearing, it's under the order heading:

Settlement and Negotiation

you have nothing to negotiate over

the debt is extinguished.

end of the matter

Hey dx,

I've not received any of the documents that the claimant was ordered to send in by sheriff.

I spoke to the court today and they said that they've not been sent anything on their side either.

The clerk advised me that the last day to get those docs in will be the 31st.

He said that he'd chase them if he doesn't receive anything by then.

I want to get copies of those docs before the case managment hearing so I can be prepared;

do you know if there's anything that I can request,

or do, if the claimant's not going to send anything in before the hearing?

Thank you for help

they cant use them at the hearing without disclosing them WELL in advance

as the sheriff has ordered

he'll most probably dismiss the case

stop panicking

well how'd it go?

Hey dx,

The hearing was cancelled because the court venue's being transferred to where I live, I'll let you know whenever I get updated from the claimant or the court.

Thanks

The court ignore the claimant unless they want to fold

Do you think there might be anything worth following up on at this point?

as post 16

Well, I guess I'll play it by ear for now. I have a feeling that this might not be the end yet; I'm thinking it might be good to check with new court in a few weeks if there's been any developments. I'll keep you posted if I hear anything either way.

Thanks dx

the court will write if there is a date set

its extinguished

dunno why shooes are bothering to waste the courts time