capquest/Drysdens claimform - old 'cat' debt

[tizzywigs]

Sorry for the delay in replying. The interest etc amounts to about £2,000 so the actual goods balance was around £2,000 but it's standard they add interest every month.

[tizzywigs]

Hi, any chance you could let me know if the defence is ok, worrying as need to file defence by Friday. Many thanks (not meaning to hassle as know how hard you all work)

[AndyOrch]

I personally think its not Tizzy...and needs to be redrafted....

 

How much do you honestly think you owe on the debt...forget the penalty and interest charges.

 

Andy

[tizzywigs]

Oh no to the redrafting. I would say £2,000.

 

 

I know this isn't relevant but it irriates the hell out of me when they won't help

and just keep adding interest and charges and then selling the debt on to Capquest,

 

 

you go deeper and deeper into the debt black hole.

 

 

Am worried about the defence now.

[AndyOrch]

Dont worry about the defence I can draft one suitable for this claim in 15 mins.......If you were to lose this (which I doubt you will) would you prefer a CCJ for 2K or 4K ?

[tizzywigs]

Oh gosh thank you so much. ermmm, definitely £2,000 that's for sure!!

[AndyOrch]

Okay leave it with me ...Ill will post a defence for your perusal midweek.

[tizzywigs]

Thank you so so much, I honestly do not know what I would have done without everyones' help on here, think I would be rocking in a corner and hiding from the world!!

[AndyOrch]

Thank you so so much, I honestly do not know what I would have done without everyones' help on here, think I would be rocking in a corner and hiding from the world!!

 

Dont be silly...thats what they would like you to do......its only money...not end of the world.Just nudge your post if I have not posted by Wednesday.

[tizzywigs]

True and thank you again.

[dx100uk]

:rockon:

[tizzywigs]

Just giving a very gentle nudge - hope that's ok

[tizzywigs]

Sorry to nudge again but am in worry mode yet again

[AndyOrch]

Dont worry you are on my radar....defence will be ready for you in the morning....so check your thread/emails after 11.00am

[tizzywigs]

Fantastic, thank you so much.

[AndyOrch]

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.I have never had an agreement with Shop Direct.I have held accounts in the past with Isme and littlewoods but not to the credit limit claimed by the Claimant.

 

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 with Shop Direct; 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 Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5.As 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 crediticon 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]

Absolutely brilliant, I don't know what to say, thank you so much and I will file it later tonight after I finish work. Thank you.

[tizzywigs]

Hi, defence was filed on 6th August.

 

Have been reading through other threads and can see that if nothing is done within 28 days then the claim gets stayed and the Claimant would have to pay a fee to the court to start the ball rolling again which means nothing is definite really I suppose.

 

What I am wondering is the worst case scenario,

am assuming the Claimant needs to show proof of everything requested within the defence,

 

does this get sent to the court or to me do you know?

 

Thanks.

[dx100uk]

both

 

 

dx

[tizzywigs]

Thank you

[tizzywigs]

Thank you

 

Hi.

 

The 28 days was up today

 

received a letter from Drydens saying we need to pay the money,

 

enclosed a copy of the non signed credit agreement,

some old statements

and a letter of assignment to Capquest.

 

The letter was dated 28th August but not franked until 2nd Sept and sent 2nd class.

 

They have said they want the money or contact within 14 days or they will get the stay lifted and proceed further.

 

I can't help but wonder if this is a last ditch attempt for payment as cannot understand why the have let the claim get stayed via the courts and not responded before now.

 

Can anyone advise please as a little worried of course.

Thanks.

 

We have recently moved house and have no internet so cannot get online unless out and about until we get broadband on 14th

[dx100uk]

Arm waving to intimidate a claimant

 

File and pay drydens...not wlly wave

 

Safe to ignore

[tizzywigs]

Phew, thanks. Thought that was the case but you never know! Just out of curiosity do you know if they have to pay much to lift a stay?

[AndyOrch]

Phew, thanks. Thought that was the case but you never know! Just out of curiosity do you know if they have to pay much to lift a stay?

 

£55 ...what about the agreement they have provided...are you happy its valid?

 

Andy

[tizzywigs]

No, it's got not signatures from either party on it just a typed address at the top. Thanks