Capquest/Drydens claimform - old Shop Direct CAT 'debt'

[dazzaessexuk]

hi all after getting my latest credit report

 

i think its time to try and sort it all out my debts total about £4000 probably a bit less

 

i also have one ccj and have just recieved another one of the claim form things ,

 

other debts are still being paid because when i fell on a real bad patch with health and work they helped while some just refued to try any help .

 

i know i should pay every single one of them but i cannot

 

i thought i would ask some advice on where to start seeing if any of them are enforcable any help is appreciated

[martin2006]

Can you expand on the claimform you have received please?

 

Whats the alleged debt all about?

 

Can you type up the full Particulars of Claim please, word for word?

[dazzaessexuk]

thanks martin

 

it says

 

1 the claim is for the sum of £7xx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct

under account number xxxxxxxxxxx upon which the defendant failed to maintain payments

 

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

 

3 the balance owed was assigned from shop direct

to the claimant and the defendant has been notified of the assignment by letter

contact drysdenfairfax solicitors on 01138233850

 

total amount was originally636.18 but says court fee is 60.00 and legal representative fee is 70.00

 

 

 

thanks

[dazzaessexuk]

hi all how do i edit a post i have posted thanks in advance

[martin2006]

Ok , few little jobs for you,

 

Using the info on the claimform, go to MCOL website, log in,

 

Acknowledge the claim

Tick defend all

Leave jurisdiction unticked

 

Exit MCOL

 

Then:

 

In our library, you send a CCA request to the claimant (s78 for catalogue account, same as credit card version)

 

Send drydens a CPR 31:14

 

Read the full info before sending them, its straightforward but any q's just ask.

 

There will be a date of issue on the claimform, use this date as day 1 in the count, you must file your defence by 4pm on day 33. If day 33 falls on a weekend or bank holiday, its 4pm the previous friday.

[dx100uk]

hi all how do i edit a post i have posted thanks in advance

 

sadly you only have 10 mins

due to issues we had with disruptive posters changing posts hours and even day after they wee posted

 

just post what you want to say

and we will remove the 'wrong' post for you.

 

please fill this out :

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

if you've not already

you really need to be sending some CCA request s off to the others you are blindly? paying?

 

but lets get this claim form moving first please

 

threads merged re tittled and moved to legals due to the Claim form

[dazzaessexuk]

ok have done the mcol bit other bits i may need further guidance guys but will try

thank you

[dx100uk]

fill this link out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016

 

and it tells you what else to do at the end

 

post the Q&A's back here so we have all the info needed to correctly help you

[dazzaessexuk]

Name of the Claimant ?capquest investments

Date of issue – 29/11/2016

 

particulars of claim

 

1 the claim is for the sum of £7xx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxxxxxxxxx upon which the defendant failed to maintain payments

 

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

 

3 the balance owed was assigned from shop direct

to the claimant and the defendant has been notified of the assignment by letter

 

total amount was originally 636.18 but says court fee is 60.00 and legal representative fee is 70.00

 

What is the value of the claim?£766.18

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mail order catalogue

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? yes but not 100 sure

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

 

Why did you cease payments? financial and health difficulties

What was the date of your last payment?think was may 2014

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? i asked to hold payment until i found work and recovered from ill health but said they could not do it for more than few weeks

[martin2006]

ok have done the mcol bit other bits i may need further guidance guys but will try

thank you

 

Click the links in post *5 for CCA and CPR

[dazzaessexuk]

hi all i have done the cca thing and the cpr is there anyway someone could check i have done them correctly please

[dx100uk]

no need they are pretty foolproof as long as read the full threads for each one

[dazzaessexuk]

ok thanks do i leave the postal order blank also is the cca route on its own the first step with dcas or should it also have the cpr sent at the same time many thanks guys

[dx100uk]

leave the £1PO blank and uncrossed

don't sign anything

 

 

CCA request goes to the Claimant

CPR 31:14 goes to the solicitors.

 

 

you must do both

[dazzaessexuk]

hi all just an update whats next as still not heard anything from the solicitor or capquest

Edited January 3, 2017 by dazzaessexuk
wrong words used

[dx100uk]

Oopps defence was due Friday by 4pm....

 

Dx

[dazzaessexuk]

is that good or bad guys

 

have i messed this up guys

[dx100uk]

The link resulting in post 9

And the claim form both fell you when a defence is due

 

No you might well get away with filing late

Can you see if you can still get into mcol please

And I'll find a defence to file

[dx100uk]

Post 20 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?471411-Lowell-claim-form-old-Shop-Direct-CAT-DEBT

Check their poc

Match which of the 3 defences there followed their poc numbers

[dazzaessexuk]

Says cannot find user contact helpdesk

[AndyOrch]

Says cannot find user contact helpdesk

 

Edit to suit your particulars....

 

Your particulars of claim

 

1 the claim is for the sum of £7xx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxxxxxxxxx upon which the defendant failed to maintain payments

 

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

 

3 the balance owed was assigned from shop direct

to the claimant and the defendant has been notified of the assignment by letter

 

Defence example to be edited

 

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.

 

1 Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

 

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

 

3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

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

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

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

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

 

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

 

6 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.

 

7 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.

 

Andy

[dazzaessexuk]

can i rejoin mcol

[dx100uk]

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

 

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[dazzaessexuk]

done that thanks guys fingers crossed im useless at this stuff

[dx100uk]

you should be ok

the courts are well aware LiPs [litigants in person - you]

make such mistakes

esp as there was a holiday involved in the period