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Li4m79

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  1. At the previous hearing the sherrif gave it 1month for cc to get something of substance to the table.. as of yet there is nothing.. My misses has signed for my SAR delivery and I've not had a chance to look at it yet.. On quick glance, the debt was bought for 3006 as claimed for. For the history of the account with SD I only made minimum repayments and yet they were increasing my credit limit at a rate of 300 every couple of months sometimes it was more. It went from a 600limit to a 3500 limit very quickly Last payment made 12/4/12 from what I can see Don't think it's looking too good now, unless cc fail to produce adequate paperwork.
  2. Update: ok I'd emailed SD and today I received lots of printtouts and screen grabs. I have still not had anything from cc or SS with regards to the case. I'm under the understanding I am to receive whatever SS intend to use 14 days before the court date which is next Wednesday. It's quite hard to make sense of it all but will have a proper look over once I get some time.
  3. what i got from SD... so looking at it I must have had 2 separate accounts, 1 acc number is the one on my summons the other isn't. They are asking what info i require (although i thought the SAR letter pretty much covered it! sdsarreq1.pdf
  4. I think I mentioned the SAR today and in my court summons response form. Hopefully it will have gone unnoticed
  5. We'll a previous case in the morning with capquest was a girl who was there 4weeks ago and she was returning but capquest had no documents supporting their case so the sheriff dismissed the case. He brought that same case up when he was talking to me and said he wanted to see why capquest has not yet responded to the CCA properly before he made a decision. The way he implied gave me the impression my case would follow suit. If I receive documents do I have to send them to SS? Also am i right in saying they have to provide me with what they intend to use at least 14 days before the court date? So in effect I have 14days from now to hear from them?
  6. So court was ok... I go back in 4 weeks.. capquest failed to produce any documents. I mentioned that it was unfair to bring me to court with no evidence actually with them and this is why the sheriff had given it 4 weeks to let capquest get their stuff together.. if they don't then it will probably get dismissed then..
  7. so just a quick update, i received a letter from capquest today saying they are forwarding my request for info to shop direct and will send me any once SD have gotten back to them. Also the letter says amount owed : £3299.xx?? its a different figure to what the court summons is saying??
  8. thank you .. I assume this is to buy me some time until all documentation from SD and DCA are retrieved, then just taking it from there. I should be able to get to the court today before 5pm so will hand in those pages. (can I just thank you all again for patience, help and advice) i'm still confused over the CPR to SS... I don't understand how this is not automatically covered under the simple procedure rules that came into effect last november, i'm also confused as to what I need to send to SS... I see the various sets of rules but a lot are designed for the prosecution.... am I missing something? From what I can see through the CPR is that the court contacts and sends the pursuer my response
  9. I cant seem to find an account number with Capquest for filling out my CCA. I have a reference quote for SS and obvs my account number for Shop Direct, but nothing for capquest. Is there other info I should put in this absence?
  10. neither yet, its been the weekend.... that plus being stuck in a kitchen for 12hours every day... i've taken tomorrow off as a holiday as I think its gonna be the only way i'll get time to do do anything.
  11. I think i may need some pointers on filling out the "note of proposed defense/counterclaim" i need to; "State which facts in the statement of claim are admitted" "State briefly any facts regarding the circumstances of the claim on which you intent to rely" "State details of counterclaim, if any" I fear that the original debt could have been around the 3k figure, but its been so long ago I cant actually remember, but I know I was late on a lot of payments and would have racked up charges a lot, and over the 2 years of me having the account, they kept ramping up my limit but i guess trying to get these back I would have to do outwith this case as it is now with capquest. A friend has just pointed out this passage in the original statement; "conform to copy statement of account which will be produced in any defended process to follow hereon" does this mean they have the original statements saying the figure is correct??
  12. so defending, means I may/will need to go to the court on the 1st of February. .. you think it would be fine to represent myself? Hopefully as said they may just back off, but gotta prepare for the worst case scenario I guess..
  13. Thanks Andy, will try and get a read of this over the weekend... I'm a chef with 4 kids so free time is like the holy grail to me!!...lol @dx100uk , even if I defend and they don't back off, i guess its just a case of setting up a repayment plan anyway, so nothing lost really I assume...
  14. thanks dx! Their Solicitors are Shoosmiths LLP, calling date is 1st February at 10am and its Perth Sheriff Court. Whats a CPR by the way??
  15. i'm not 100% certain when my last payment to shop direct was, i have since changed/closed the bank I used so can't retrieve any statements... it is very possible..... Ok i just called shop direct and although the woman was trying to palm me off to capquest, she did say the last payment she could see on her system was for £270 April 2012 so just under 5years And just too add again, I've left this all quite late, i have to reply to the court by Next Wednesday..... Apologise if this looks as though i'm spamming the thread... I want to send everything off tomorrow. Should I just admit liability and offer to repay... As ive left it so long i don't know if there is anything else i can do???
  16. What is the claim for – STATEMENT OF CLAIM 1. The parties are as designed in the instance. The named defender resides at xxxxxxxxxxxxxxxx. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction . There are no proceedings pending before any other Court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another Court. 2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Shop Direct Limited dated 12 November 2012 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to Shop Direct Limited which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation . 3. The said contract between Shop Direct Limited and the defender is dated 10 March 2010 and relates to Mail Order agreement with account number xxxxxxxxxx. The said account is in default and the sum due thereunder is du and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £3006 .64 conform to copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefc rE: condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer. 4. The defender has been called upon to make payment of the sums sued for. The . refuse or at least delay in doing so. This action is accordingly necessary. What type of action? Summary (by £6.64) Is the claim for a Catalogue via Capquest 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? Yes Did you receive a Default Notice from the original creditor? I cant remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I hadn't heard from them in years, but i have moved address a few times in that time Why did you cease payments:- They just got too much, i couldn't afford them 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 I didn't
  17. Ok, new here, so please go easy.... First off after reading some threads here today, i feel ive left this a bit long, but any advice is appreciated and will be taken on board. In December I received a Summary Court Summons for £3006.64. For unpaid shop direct handled by capquest. My Return date is 18th January (this is next week i know, so not a lot of time to decide what i'm gonna do) The original account with shop direct was 2010, and it was passed to capquest in 2012. I'm happy to admit full liability and offer to set up a repayment plan. BUT, if i recall at the time, I was barely able to make minimum repayments, yet they kept increasing my credit limit. Can I dispute the claim and try to reclaim some charges/interest to reduce my final figure?? This is my first full day off work in a few weeks, and no kids at home, means I finally have the time needed to get my response in. Again I'm sure i've done this all wrong, but just need some quick advice due to my circumstance...
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