capquest/Drysdens claimform - old 'cat' debt

[tizzywigs]

Thanks, is there a way of finding actual defences or do I need to go through the threads, I have been reading through threads but I honestly have no clue how to go about getting a defence together, do I need to wait for instruction to file a defence? I'm so sorry to bombard with my lack of knowledge.

[dx100uk]

something like post 11 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436761-Arrows-Drydens-claimform-old-Cap1-Credit-Card-debt

 

 

not due till/by Friday 7th sept by 4pm mind.

 

 

take your time

 

 

post it up first to get it looked over.

[tizzywigs]

Thanks, for some reason I was thinking it was due by 8th August so was in panic mode! Will get something drafted up and show you first before submitting. Really appreciate the help from everyone.

[dx100uk]

no my bad the link post wrong

not due till/by Friday 7th aug by 4pm

 

 

dx

[tizzywigs]

Ok, thanks for double checking.

[AndyOrch]

Thanks, is there a way of finding actual defences or do I need to go through the threads, I have been reading through threads but I honestly have no clue how to go about getting a defence together, do I need to wait for instruction to file a defence? I'm so sorry to bombard with my lack of knowledge.

 

If you go the Legal Success Forum ....most if not all contain a defence....with merit..hence the success...try to find one same type of debt ..same claimant and particulars if possible.....then have a go at drafting yours...and no you will not get further instruction to submit.....see DXs post.

 

Andy

[tizzywigs]

Thanks, I did find a defence letter from a post that seemed good for me but then the one DX posted the link to seemed more relevant so am going to base mine around that. It's proving hard at the moment to get a minutes peace due to the school holidays and having the children here constantly wanting something!!

[AndyOrch]

Thanks, I did find a defence letter from a post that seemed good for me but then the one DX posted the link to seemed more relevant so am going to base mine around that. It's proving hard at the moment to get a minutes peace due to the school holidays and having the children here constantly wanting something!!

 

Not ideal...but this is important tizzy..perhaps work on it this evening.

[tizzywigs]

I'm going to go over to my Mum's on Saturday to try and sort something in peace, I work shifts and not trying to play the woe is me card but have a 5.45am start tomorrow so will be heading to bed early tonight!

[tizzywigs]

Hi, have been checking for signatures via Royal Mail for the letters I sent to Capquest and Drydens,

 

Capquest have signed for theirs but the CPR letter to Drydens hasn't,

any idea if it's possible they would have refused the letter (obvuiously they wouldn't have known what it was)

 

but just wondered if it's a common thing for them to do in your knowledge?

 

Defence still needs to be done as my daughter was ill over the weekend so didn't get a chance to do, intending to get a draft copy done on Weds evening. Thanks in advance.

[dx100uk]

Rarely get a SIG they just leave it at the mailbox

[tizzywigs]

Thanks, doesn't surprise me!

[tizzywigs]

Hi,

had a letter back from Capquest with copies of statements but also a reconstituted credit agreement so blank!

 

 

Is this something I should mention in my defence as no copy of an actual signed agreement

and never has been even when requested in 2013?

 

 

Thanks

[tizzywigs]

1.The claim for the sum of £4,117.63 in respect of monies owing by the claimant on a credit agreement

held by the defendant with Shop Direct under account number xxxxx upon which the defendant failed to maintain payment.

2.A default notice was served upon the defendant and has not been complied with.

 

3.By virtue of a sale agreement between Shop Direct Group and the claimant,

the claim vested in the claimant who has a genuine commercial interest.

The defendant has been notified of the assignment by letter.

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement. The Claimant/Solicitor has failed to comply with my requests for any agreement or statements on which its claim relies upon.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement

 

4. Paragraph 3 is denied.

I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

Prior to the receipt of this claim I requested information by way of a Section 78 request. I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14 request. To date I have yet to receive a compliant response.

 

Therefore with the court’s permission the Claimant is put to strict proof to:(

 

a) show how the Defendant has entered into an agreement; and

(b) show how the Claimant has reached the amount claimed for;

© show how the agreement was legally terminated to allow the claimant relief.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

Please would someone look over this defence and tell me if they think it's ok?

 

 

Many thanks

[tizzywigs]

^^^ There are paragraphs in the actual letter but for some reason I can't get paragraphs to work on here!!

[dx100uk]

you need to copy and paste from notepad not word

or go back into the post

and using the edit icon add them

 

 

dx

[tizzywigs]

Thanks for editing it for me.

 

 

I don't have notebook unfortunately and despite using the edit button on a previous post it bunched it all back up together.

 

 

The previous defence I had tweaked you seem to have put back to the original that I copied from,

 

 

does that mean everything I did you didn't think was right?

 

 

Sorry - am confused! Thanks

[dx100uk]

I have done nowt bar add their poc and spaced it.

 

 

dx

[tizzywigs]

Particulars of claim

 

1.The claim for the sum of £4,117.63 in respect of monies owing by the claimant on a credit agreement

held by the defendant with Shop Direct under account number xxxxx upon which the defendant failed to maintain payment.

 

2.A default notice was served upon the defendant and has not been complied with.

 

3.By virtue of a sale agreement between Shop Direct Group and the claimant,

the claim vested in the claimant who has a genuine commercial interest.

The defendant has been notified of the assignment by letter.

 

Proposed Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regard to an amount due under an agreement. The Claimant and the Solicitor have failed to comply with my request for a true copy of any agreement on which its claim relies.

 

3. Paragraph 2 is denied with regard to the Claimant serving a default notice in connection with the alleged contractual Agreement Prior to the receipt of this claim I requested information by way of a Section 78 request. I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14 request. To date I have yet to receive a compliant response.

 

Therefore with the Court’s permission the Claimant is put to strict proof to

 

(a) show how the Defendant has entered into an agreement; and

 

(b) show how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity, to issue a claim.

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[tizzywigs]

^^^ does this seem ok please (apologies as copied and pasted the original instead of the 'tweaked' version previously!!) Many thanks

[dx100uk]

andy I'm sure will comment by the time it needs filing next week

 

 

looks pretty std to me.

 

 

dx

[tizzywigs]

Thank you

[AndyOrch]

Hi Tizzy....

 

Can you confirm that this was two accounts ...two different account numbers and two separate agreements?

 

Regards

 

Andy

[tizzywigs]

Hi, yes, there were two accounts that went to Capquest.

This one with a debt of £4,000 and another one with a debt of £800 which I am still awaiting details of charges for as sent the relevant paperwork a while back but

 

this court stuff is for the one account only if that makes sense but I have discussed both accounts on this thread in the past. Thanks

[AndyOrch]

" At the time the balance on the Isme account was approx £2,000 and the Littlewoods one was £400."

 

So this claim is the Isme account and they have turned a £2000 into £4000 ?