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Capquest / Reston - Cat Debt / Store Card..Next


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Hello

 

I'm looking for some advice please with reference to the below:-

 

Name of the Claimant ? Capquest

 

Date of issue: 18/11/2016 > Defence filed for SB 06/12/2016

 

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 [Retailer] dated on Mar 13 2002 and assigned to the claimant on Feb 12 2010.

Default balance £1867.74 31/10/2016.

 

What is the value of the claim: £2052.74

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account: Cat Debt / Store Card

 

When did you enter into the original agreement before or after 2007: Before

 

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: Capquest

 

Were you aware the account had been assigned – did you receive a Notice of Assignment: Unsure, have recently received letters from Capquest

Did you receive a Default Notice from the original creditor: Unsure, possibly as it was a long time ago.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year: I don't believe so.

 

Why did you cease payments? Financial difficulties & personal problems

What was the date of your last payment? Late 2008 to the OC, 2012 to Capquest [i think].

 

Was there a dispute with the original creditor that remains unresolved? I stopped making payments and the debt has now been sold on.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Please see below.

 

I received the claim form last month,

did some homework [although perhaps not thorough enough] and believed that this was SB.

 

 

I registered on MCOL,

submitted my defense for SB as to the best of my knowledge I believed it was.

 

 

However, my memory isn't what it used to be unfortunately and things are currently very unsettled at work so I'm not thinking straight.

 

I received a letter from the court saying that the defence had been forwarded to Capquest,

then I received a letter yesterday from Capquest stating that they believed it wasn't SB because their client last receievd a payment from me in August 2012, therefore I should withdraw my defence as I've not provided the last payment date,

I do not appear to be disputing the the balance,

and I'm invitied to withdraw my defence in the next 14 days and complete and return the admission form.

 

I tried to sleep on this last night and ended up searching an old email account and found a communication I sent to Capquest in early 2012 disputing what was showing on my credit file.

 

 

I must have been making regular payments for just over 12 months,

yet this was not reflected on my credit file

and I must have emailed them to ask them to correct this.

 

 

As per my email I must have believed the balance was just over £1000 yet it was showing way over £2000 which I'm guessing is not what we had agreed as part of the payment plan, hence my email to them.

I've scoured this mailbox but cannot find a reply from them.

 

I know that later that year I was made redundant twice in a very short space of time [last in, first out] and that will be why I didn't keep up with payment plan as I was out of work for a while but then took a substantial pay cut just to get back into work.

 

There is no mention of Capquest or the retailer on Noodle.

 

I'm now at a loss and I don't want to make the situation any worse. I

honestly believed it was SB but have since discovered that it isn't and feel terrible for making that mistake.

I haven't submitted any CCA, CPR, SAR, etc. I'm just looking for some sound advice please.

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rectums have sent their usual its not SB'd with proof its not

and their usual lower your sword statement.

 

 

Get a CCA Requestlink3.gif running to the claimant

Get a CPR 31:14link3.gif running to the solicitors

 

don't signlink3.gif anything

Leave the £1PO blank and uncrossed

 

 

can we see the defence you filed please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good Morning

 

Sorry for the delayed response, I didn't receive an email notification to say the thread had been updated :-/

 

The defence I sent was as follows:-

 

"1 The Claimant's claim was issued on 18th November 2016.

 

2 The Defendant contends that the Claimant's claim so issued is a

claim in contract and is statute barred pursuant to the provisions

of section 5 of the limitation acticon 1980. If, which is denied,

the claimant contends that the Defendant is in breach of the

alleged contract, in excess of 6 years have elapsed since the date

on which any cause of action for breach accrued for the benefit of

the Claimant.

 

3 The Claimant's claim to be entitled to payment of £2052.74 or

any other sum, or relief of any kind is denied."

 

 

 

 

I'll get on with the CCA and CPR. Am I ok to post it back here for you to check before I print and send it please?

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Templates removed

Please read what it says on the top lines of each one

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, please accept my apologies.

 

For the CCA I've left it relevent to s78 and s78(6)a.

 

For the CPR, nothing I've received has any particulars of claim, so I've left point 1, 2, 3, removed point 4, left 5. In the next paragraph in [], I was querying the part where it says I have not delivered my defence, which I already have based on it being SB [which it may not be], so should I leave that section or remove it?

 

Failing that should I PM you the text from CPR I've edited? Sorry for coming across as being a bit 'thick', I just want to make sure it's correct.

Edited by Yorky39
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CCA is the one they cannot ignore as its fatal to their claim if they do

 

If you go read other threads,.......you'll see rectums never comply with a CPR anyway but simply willy wave at you in reply as its only a request

 

Just send it as printed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Happy New Year dx100uk!

 

Restons have written to me and included my copy of the CPR and said it needs to be signed or or they will not acknowledge receipt or provide any response.

 

Capquest have replied and said that they have forwarded my request for documentation to the retailer and will forward this on as soon as they receive it.

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Restons have written to me and included my copy of the CPR and said it needs to be signed or or they will not acknowledge receipt or provide any response.

 

Well Pestons have acknowledged receipt of your request in that letter, clowns!

 

AFAIK, it doesn't need to be signed, they're simply put out that you might know more than them, and have spat their dummy out....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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usual reply from rectums if you go read other like threads.

 

so this is very close to being stayed [28 days from the date you filed your defence]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That is correct, plus a few bank holidays it will be next week.

 

If the CCA does come back after the stay, does that mean they can restart the whole process with the court?

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no..... if its enforceable and if they pay the fee to lift the stay

 

 

go read other threads in this forum too...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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restons threads

use our search cag box in the top red toolbar

 

reston claimform

 

you've read loads of threads

but very few relevant ones....:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is this a catalogue or a store credit card

Name the the OC please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 weeks later...

next store cards operate as a credit card.

 

 

so reston claimform card

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

I previously sent all the forms in before Christmas but have heard little back since my previous posts.

 

 

I did receive a letter saying that the account was being put on hold for 28 days whilst the CCA was being obtained from the OC but nothing since then and it's well over 28 days.

 

Nothing new on MCOL either.

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claim is stayed

 

 

go enjoy your life

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Many thanks Yorky...it is very much appreciated.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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:kiss::kiss:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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