Capquest/restons clainform - old Shop Direct CAT 'debt'

[vmeldrew2015]

hi,

 

today received a county court claim form for the amount of £467.76. claimant capquest investments limited. restons solicitors limited. total amount 552.76. doesn't say which catalogue just shop direct.

 

what are my next steps? no doubt that i had catalogues with shop direct. if it goes to court they will find i have zero disposable income.

 

thanks for any advice.

[AndyOrch]

If you could read the following link VM and then copy and paste the Qs and your responses back here so we can give the best advice on how to proceed.

 

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

 

Regards

 

Andy

[vmeldrew2015]

Name of the Claimant - Capquest Investments Limited

Date of issue – 02 DEC 2016

 

What is the claim for –

 

 

1. the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and shop direct dated on or about 2 june 12 and assigned to claimant 30 april 2013

 

What is the value of the claim? 553

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cat debt

 

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? yes

Did you receive a Default Notice from the original creditor? not sure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes

 

Why did you cease payments? no idea. no idea which catalogue the debt is for. clearscore no help here either.

What was the date of your last payment?

well it says on my clear score file green dots from june 2012 to march 2013 (doesn't make sense) especially as it the claim says the debt was assigned to the claimant in april 2013. must be clearscore that is wrong?

 

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

[dx100uk]

pop up on the MCOL website detailed on the claimform.

 

register as an individual

note the long number given

then log in

 

select respond to a claim and select the AOS box.

 

then using the details required from the claimform

 

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

get a CCA Request running to the claimant

get a CPR request running to the solicitors

 

don't sign anything

leave the £1PO blank and uncrossed

 

dx

[vmeldrew2015]

done the mcol last night .. and followed your advice . thankyou

 

 

going to send the 2 request letters tomorrow

- once i find a place to print them!

 

 

your help and advice is very much appreciated.

[dx100uk]

now time to read like threads

[vmeldrew2015]

received letter from restons refusing cpr request because unsigned. capquest forwarded cca request onto shop direct . says if they havent had a response by the 17th jan they will write to me with an update. also says my account is on hold for 28 days.

[AndyOrch]

received letter from restons refusing cpr request because unsigned. capquest forwarded cca request onto shop direct . says if they havent had a response by the 17th jan they will write to me with an update. also says my account is on hold for 28 days.

 

But the court claim isn't...stick to the court time table and submit your defence on tim.

 

Andy

[vmeldrew2015]

i have no idea about defending this claim.

 

 

i don'y know what the alleged debt is actually for apart from cat.

 

 

i don't know if i have ever made any payments towards this .

i have searched for alike threads on here and through search engines .

vultures circling my dead carcass (empty wallet) .

the bank is -£34 they are very welcome to 1000000% of that.

 

 

give credit to people who have nothing and expect nothing in return. got bad credit?

got ccjs?

dro's?

bankrupt?

rubber cheques?

tonnes of monopoly money?

need credit but can't afford it?

 

 

well help is here.

.think you have hit rock bottom?

NO! smile be happy you're just snagged on a branch.

..we're here to help you give you an extra shove and prod you with pitchforks .

sign up now!

we approve 100% of desperate penniless applicants!

buy now ! pay 3x more in 12 months.

 

sorry. ranting again. one of those mornings. happy christmas/new year all.

[dx100uk]

simply copy and paste your thread title into the SEARCH CAG box of our red top toolbar.

don't bother with elsewhere use our search CAG box

[vmeldrew2015]

thanks appreciated. makes sense why thread titles are 'cleaned' up a bit now

[vmeldrew2015]

i can find successes with restons. successes with crapquest. but none of these two together in the same thread on a cat debt. am i blind?

[dx100uk]

Should all be the same defence mind if you look

That's the one you want to base yours on

Holding/no paperwork

With restons refusing cpr

[vmeldrew2015]

ok thanks .

are they copy and paste or should defence be thoroughly read and changed as they are specific to each individual?

 

 

i think i have until the 4th jan to submit defence as that is 33 days from the 2nd december ?

 

 

i'm assuming i should leave defence until the last day incase shop direct respond to my cca?

[dx100uk]

As post 10

Have a go post it up here 1st

I hope you didn't send anything to shop direct by the way?!

What made you say that?

[vmeldrew2015]

crapquest said they forwarded on the cca request to shop direct.

[dx100uk]

that's their problem

they should hold enforceable paperwork first

before issuing a speculative claimform.

 

 

dx

[vmeldrew2015]

would this be the appropriate defence ? taken from a fellow posters thread. defence due in today by 4pm i think

 

Particulars of claim

 

1. the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and shop direct dated on or about 2 june 12

 

2. And assigned to claimant 30 April 2013

 

Defence

 

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.

 

The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

The Defendant is 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.

 

On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14.

To date I have yet to receive a compliant response.

 

The Defendant requested information pertaining to this claim from Capquest Investments Limited by way of a Section 78 request.To date I have yet to receive a response complying with the request and are therefore in default of this request and prevented form seeking any relief until compliance.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

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 crediticon Act 1974.

 

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

Edited January 4, 2017 by Andyorch
Particulars brought forward

[AndyOrch]

" The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon."

 

Thats not really a response to their pleading ...you must answer each point of their pleadings in your response.

 

Andy

[vmeldrew2015]

ah ok .

 

 

i have no idea what i am supposed to do to be frank.

 

 

i know i am supposed to be defending on the basis on the basis of holding no paperwork but the legal wording is mashing my brain.

 

 

without the help i have had from here i would probably just have ignored the claim form.

 

 

never have i felt like i am lost until it came to this legal stuff.

 

 

thanks for your help btw.

[vmeldrew2015]

what i want to say is i don't remember this shop direct account number nor do i understand the amount alleged to be owed.

 

 

i have asked for paperwork to show proof of this alleged debt then perhaps i can acknowledge whether or not i actually owe this.

 

 

Restons solicitors have refused to provide me with any paperwork via a cpr 31.14 request and the claimant Capquest have not been able to respond adequately to my cca request.

 

how i say this in legal terminology is in fact beyond me.

[AndyOrch]

Okay well you need to respond directly to their points......

 

I would suggest something along the lines of....

 

Paragraph 1 is noted however I do not admit or recall ever entering into the agreement the claimant refers to or have any recollection or recall any outstanding balances being due or being contacted to previous to this claim.I have sought clarity from the claimant by way of a CPR 31.14 and section 78 request.To this date the claimant has failed to respond or comply to my request and therefore remains in default and is therefore prevented form seeking any relief until compliance.

 

 

Particulars of claim

 

1. the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and shop direct dated on or about 2 june 12

 

2. And assigned to claimant 30 April 2013

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 noted however I do not admit or recall ever entering into the agreement the claimant refers to or have any recollection or recall any outstanding balances being due or being contacted to previous to this claim.I have sought clarity from the claimant by way of a CPR 31.14 and section 78 request.To this date the claimant has failed to respond or comply to my request and therefore remains in default and is therefore prevented form seeking any relief until compliance.

 

3.Paragraph 2 is denied.The Defendant is 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.

 

With the courts permission the Claimant is put to strict proof to:

 

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

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

© 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 reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

[vmeldrew2015]

thankyou! that reads exactly how i feel.

 

 

i shall login to mcol and submit that as my defence?

even if unsuccessful i am extremely appreciative of the help i have received here.

 

 

i would have laid back and had my belly tickled .

 

 

. this forum has taught me not to be a doormat for DCA.

[AndyOrch]

Yes submit now if you are happy with the contents and in agreement and that the contents are true and fact.

[vmeldrew2015]

submitted . will keep this thread updated on any developments . fingers crossed for a positive outcome.