Capquest/Restons Claimform - shop direct CAT 'debt'

[ER36]

Hi, not sure whether this is the right forum.

 

I'm sorting an old catalogue debt out for my son as I've done a few of mine in the past.

 

 

I've sent off a CPR request to Restons solicitors,

I didn't sign the letter just typed his name on the letter.

 

 

This morning they have sent it back to me stating that as it has no signature and therefore they will not correspond and to resend the letter with a signature otherwise they will not acknowledge it nor provide any response.

 

 

Never came across this before so do I just ignore it?

 

Thanks

[AndyOrch]

Why are you sending a CPR request to a Solicitor ?...have you received a court claim ER36.

 

Regards

 

Andy

[ER36]

Sorry I meant CCA request or have I done it the wrong way round ..oops..Ill double check. yes he received a court claim.

[ER36]

Yes I did..this is what I have done with previous debts

[AndyOrch]

If you could read the following link and then copy and paste the Qs and your responses back here for further advice.

 

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

 

CCA Requests go to the claimant not the Solicitors.

 

Andy

[ER36]

Will do, I sent a CCA request too to Capquest.

[AndyOrch]

Will do, I sent a CCA request too to Capquest.

 

So ignore Restons response...have you sent them (Restons) a CPR 31.14 ?

[ER36]

Name of the Claimant CAPQUEST

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 2 DEC 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 04.01.2017

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND SHOP DIRECT DATED ON OR ABOUT JUL 13 2010 AND ASSIGNED TO THE CLAIMANT ON DEC 20 2013.

PARTICULARS A/C NO ******

DATE 09/11/2016 ITEM DEFAULT BALANCE VALUE 812.23 POST REFRL CR NIL TOTAL 812.23

 

 

What is the value of the claim? £812.23

 

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

 

When did you enter into the original agreement before or after 2007? ABOUT 2010

 

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 INVESTMENTS LIMITED

Were you aware the account had been assigned – did you receive a Notice of Assignment?

DONT THINK SO

 

Did you receive a Default Notice from the original creditor?

CANT REMEMBER

 

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

NO

 

Why did you cease payments?

LOST JOB

 

What was the date of your last payment?

2010/2011

 

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 managementicon plan?

NO

[ER36]

Yes I sent Restons a CPR request and this is what they've returned to me.

[AndyOrch]

Yes I sent Restons a CPR request and this is what they've returned to me.

 

Well if you read other threads involving the this same Solicitors....you would all ready know the answer...they send that to every CPR request...

[ER36]

Thanks..I did search and read a few but didnt find anything..sorry.

[AndyOrch]

Have you registered to use the online facility MCOL ?

Have you acknowledged service yet ?

 

You have 33 days in total if defending all the claim 19 days to acknowledge service (2nd Dec being day 1) and a further 14 days to submit a defence (33 days in total)

[ER36]

Yes, registered and acknowledged the claim.

[AndyOrch]

Yes, registered and acknowledged the claim.

 

Excellent...defending all I assume......and CPR 31 has been sent and they have frustrated (which is their mantra) and you have sent a CCA request to CQ.

 

So all you have to do now is keep your eye on your defence date (4th Jan 2017) and in the meantime take a look at other similar threads involving Cat Debts and look at how a defence should be drafted.

Have a go and post here for verification when your ready.

 

In the meantime enjoy your Christmas and put this out of your mind (apart from a little research) and we will resume in the New Year.

 

Regards

 

Andy

[ER36]

Thank you yes defending all. Happy Christmas to you. I will have a read through at the weekend and make a start on defence.