Sorting out daughter's catalogue debts

[foxyred]

There are two catalogue accounts from Capquest and whilst they acknowledged that I had requested information for two accounts, they have only so far sent info regarding one account so I await the other.

[silverfox1961]

Received loads of paperwork from Capquest re my SAR. Can't say I can make too much sense of most of it though. I was under the impression they were supposed to send an explanation of the codes etc but they haven't.

 

Are they supposed to send an agreement? Surely if they have bought a debt they would've wanted to obtain that as well. Most of the letters they have sent are photocopies that don't look like they have been doctored.

 

Where a company uses specific codes, they must supply you with a coding sheet. How else are you expected to know whet they are trying to conceal!

As to the agreement. Some do, some don't. They try to say that an agreement doesn't form personal information. Go figure!

If you haven't done a CCA request you could send one but nowadays, the creditors see that as an attempt to get out of paying the debt.

 

There are two catalogue accounts from Capquest and whilst they acknowledged that I had requested information for two accounts, they have only so far sent info regarding one account so I await the other.

 

Again, they have obviously failed. Are they over the 40 days yet?

If you need them, there are some 'fail' letters in the library.

 

Remember though, they will only send you the data from when they acquired the account, not from when she started with Very. For that you will have to write to Very

[foxyred]

Where a company uses specific codes, they must supply you with a coding sheet. How else are you expected to know whet they are trying to conceal!

As to the agreement. Some do, some don't. They try to say that an agreement doesn't form personal information. Go figure!

If you haven't done a CCA request you could send one but nowadays, the creditors see that as an attempt to get out of paying the debt.

 

 

 

Again, they have obviously failed. Are they over the 40 days yet?

If you need them, there are some 'fail' letters in the library.

 

Remember though, they will only send you the data from when they acquired the account, not from when she started with Very. For that you will have to write to Very

 

I've sent a SAR to Shopdirect now that I realised my error. CQ still have 30 days to send the rest of the information so maybe it will come later.

 

What I found quite surprising was the amount of numbers that show on the paperwork that neither my daughter or her friend recognise. I think they've been ringing random numbers in the hope of getting a jackpot. I'm very interested to know who the third parties they refer to are as well unless it's just CRA. Look forward to receiving the coding sheet.

 

Got to say, these letters look very suspect. One of them doesn't even have an account number so I have no idea what it refers to, just has the amount which doesn't match with anything. Bizarre !

[silverfox1961]

They may have sent you 'generic' letters ( a copy of what the letter 'may' have looked like) as a lot of companies do not keep copies where they have used mail merge to produce a letter.

 

With the third parties, you can ask them which specific companies they have passed your data to. Whether they will repsond or say that is a commercially sensitive matter is another thing. That's just my thinking.

 

I am surprised with CQ to have responded so quickly. I would still write back and gee them up.

[foxyred]

Hi

 

I have still not received all of the paperwork from either Capquest or Shopdirect which is annoying but they still have time. I suppose I have to allow for the Easter break don't I?

 

Looking through the supposed default notice I do notice that the date given to pay the arrears by was actually later than the actual default date on the credit file was. It means that the account was defaulted and marked on the credit file 5 days before the time was up to bring the account back to order.

 

Also, I'm trying to keep track of all the balances that are noted all over these letters, the figures seem to change by the day. Am I wrong to assume that the default balance noted on the default notice as served under section 87(1) of the Consumer Act 1974 (I'm sure it was called the Consumer Credit Act 1974 the last time I checked) should be the same as that noted on the credit file?

 

Another thing that I am annoyed at is that according to the paperwork that Capquest have sent, payments had been made from December 2011 until present date, however nothing is showing at all on the credit file. The only thing that is noted is a red D under the month that it was defaulted... nothing prior to that or nothing after that although clearly hundreds have been paid on each of these accounts. I thought the credit files were meant to be a true reflection of how the account was being run???

[foxyred]

Hi

 

I wonder if someone could let me know where is the best place to post about this in order to get some assistance please?

 

Thanks

[silverfox1961]

In my opinion (and I could be wrong) defaulting before the date required means the Default Notice is faulty. They could however rectify this quite easily.

 

Once an account is in default, they should continue marking the account with a 'D' but the balance should be coming down (again in my opinion)

[foxyred]

Continuing on this saga... since I last wrote, a court form has been sent to my daugther which I have opened up as she is working abroad at the moment.

 

The PoC state that they are claiming for "part only of monies due under regulated Credit Agreement number............. between Shop Direct Financial Services and the Defendent the benefit of which was assigned to the Claimant on 19 Sept 11. The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement................... The Claimant seeks interest pursuant to section 69 of the County Council Acts 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to.......

 

I had sent SARs to both Shop Direct and Capquest and received paperwork back. I received no CCA from Capquest but I got a recon one from Shop Direct. On going through the paperwork I see that the two debts that I thought were sold to Capquest and for which she has received Defaults on CRF from Capquest, had been sold to Lowells as well and that she had still been paying both Capquest and Lowells up until last year.

 

I've checked the notice of assignment from Capquest and there is no date of assignment on it, the Shopdirect paperwork said that it was sold to Capquest a month after it says that the debts were sold to Lowells. Could I request some help to sort all of this out please.

[foxyred]

HELP please

[silverfox1961]

Hi again.

 

As court papers have been served, I will ask the site team to move this thread to the legal issues forum as there will be a damn sight more help than I can give.

 

If this is Bryan Carter as the solicitor then we (CAG) have seen him off a few times

[honeybee13]

Hello there.

 

As court papers have been served, I'll move your thread to the legal forum and leave you a redirect from this forum.

 

Thank you to Silver Fox for reporting this.

 

My best, HB

[citizenB]

Can you please let us know the date of issue of the claim - top right hand corner of the form - there is a timeline to adhere to so it is important to know this date.

 

and also please type up exactly what it says lower down on the left hand side.. the reason they have issued the claim.

[citizenB]

Missed this sorry..

 

 

 

The POC state that they are claiming for "part only of monies due under regulated Credit Agreement number............. between Shop Direct Financial Services and the Defendant the benefit of which was assigned to the Claimant on 19 Sept 11. The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement................ ... The Claimant seeks interest pursuant to section 69 of the County Council Acts 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to.......

 

 

So this is a part claim.. I am not sure they are allowed to do this.

 

Will send out S.O.S. for you.

 

Do you know if your daughter received a default notice ?

[silverfox1961]

CB

 

The OP did state that the default notice received was dated (I think) 5 days after the default was placed on the CRA files rendering it faulty and I did say that this was something they could rectify quite easily.

[citizenB]

CB

 

The OP did state that the default notice received was dated (I think) 5 days after the default was placed on the CRA files rendering it faulty and I did say that this was something they could rectify quite easily.

 

Thanks SF.

 

It was my understanding that the reason of the DN is to advise that if the breach isn't remedied, then they will take further action... eg..

 

register a default at the CRA

terminate the account

Issue a claim.

 

If they have terminated the account, then I am not sure they will be able to remedy.. although I am happy to be corrected if wrong.

[silverfox1961]

Thanks SF.

 

It was my understanding that the reason of the DN is to advise that if the breach isn't remedied, then they will take further action... eg..

 

register a default at the CRA

terminate the account

Issue a claim.

 

If they have terminated the account, then I am not sure they will be able to remedy.. although I am happy to be corrected if wrong.

 

You may be correct. The OPs first post included:

 

my daughter checked her credit file and was horrified to find that she had got 3 defaults from Capquest for mail order.

 

As the defaults are in Capquests name, the debts must have been sold

[citizenB]

Summary as I see it.

 

Your daughter permitted a friend to open catalogue account(s) in your daughters name !

 

Friend has defaulted on the accounts and it is your daughter whose credit file has been trashed and she is facing a claim ??

 

How many accounts were there ?

 

Accounts have been assigned from original creditors to 3rd parties.

 

Have the accounts been assigned to different purchasers or all to the same one.

 

The claim that has been issued - is this just one account?

[foxyred]

There were 3 account numbers quoted but after receiving the SAR info from Shopdirect we only found that it was referring to 2. There have been 3 separate defaults on daughter's file for these accounts. Two were from Capquest and the other was Lowell's. Lowell's couldn't find any details of CCA so have disappeared for now, that was the account where default info was incorrect. It now turns out that the 2 accounts in question were sold to both Capquest and Lowells at some point and both had been demanding money which my daughter had been paying weekly until I found out about all of this.

[foxyred]

oh yes and the date on the claim form is 1 October 2013

[foxyred]

Response to Citizen B post

 

Yes

Yes

3 initially but 1 must have been merged somewhere along the line I think

Yes

Yes, Capquest and Lowells Portfolio

Just one account

[citizenB]

 

The PoC state that they are claiming for "part only of monies due under regulated Credit Agreement number............. between Shop Direct Financial Services and the Defendant the benefit of which was assigned to the Claimant on 19 Sept 11. The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement................... The Claimant seeks interest pursuant to section 69 of the County Council Acts 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07. Any payments or queries should be directed to.......

 

I've checked the notice of assignment from Capquest and there is no date of assignment on it, the Shopdirect paperwork said that it was sold to Capquest a month after it says that the debts were sold to Lowells. Could I request some help to sort all of this out please.

 

 

Righto, so your time line is as follows :

 

Issue date 1st October + 5 days for service = 6 October + 14 days to acknowledge claim = 20 October + 14 days to submit defence = 3rd November.

 

I have been advised that the issuing of a claim for only part of the monies is wrong..

 

 

A claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action.

 

 

So this will form part of the defence if your daughter is going to fight this.

 

I see you have mentioned that the Notice of Assignment has no date !

 

I have linked you to the CPR31.14 request - read it carefully, amend where necessary and the documents you should be requesting are..

 

The Agreement ( you are unlikely to obtain this as catalogue debts do not usually have "agreements", but they have mentioned in their PoC therefore they should be able to produce something or explain why no.

The Notice of Assignment

Statement of account showing any default or penalty charges.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

You need to send the CPR request to Bryan Carter .. at the very least you should obtain a free proof of posting, if you can afford it, use Recorded or Special Delivery post for the signature/guaranteed delivery.

 

If you are going to defend, you MUST acknowledge the claim by 20th October - you can do this online.

 

BTW, has your daughter continued to make the payments on this account or did she stop ?

[foxyred]

Oh thank you so much.

 

My daughter is working away and back home in November. Would I be able to do this for her or do I have to send all this for her to do herself?

[foxyred]

Sorry, who is Bryan Carter?

 

My daughter has stopped paying, I think when she went to work abroad. I'll find out exactly when they stopped.

[citizenB]

Sorry, who is Bryan Carter?

 

My daughter has stopped paying, I think when she went to work abroad. I'll find out exactly when they stopped.

 

Is Bryan Carter not the solicitor who has issued the claim ? Sorry, if I got that bit wrong.. You need to send the Request to the Solicitor named on the claim form.

 

I will find out what the situation is regarding your daughter being abroad.

[foxyred]

The claimant is Capquest Investments Ltd and the correspondence is to go to HL Legal & Collections.

 

Thanks again