Capquest/Shoesmiths Summary Cause Summons - old Shop direct cat debt **Claim Dismissed**

[AndyOrch]

3. The said contract between Shop Direct Limited and the defender is dated 10 March 2010 and relates to Mail Order agreement with account number xxxxxxxxxx.

 

Capquest dont have an agreement number ...use the original of SD

[dx100uk]

are you able to get to perth court and hand in the 6+7?

 

 

keep any other details you write very vague

[Li4m79]

thank you .. I assume this is to buy me some time until all documentation from SD and DCA are retrieved,

then just taking it from there.

 

I should be able to get to the court today before 5pm so will hand in those pages.

 

(can I just thank you all again for patience, help and advice)

 

i'm still confused over the CPR to SS...

 

I don't understand how this is not automatically covered under the simple procedure rules that came into effect last november, i'm also confused as to what I need to send to SS...

 

I see the various sets of rules but a lot are designed for the prosecution.... am I missing something?

 

From what I can see through the CPR is that the court contacts and sends the pursuer my response

[dx100uk]

forget the cpr stuff

the CCA request is the important one and they cant progress the claim without an enforceable agreement

 

on date I sent a CCA request to the pursuer, this has yet to be complied with.

 

the pursuer is also put to strict proof to provide copies of any other documents they intend to rely upon.

[Li4m79]

so any ideas what to expect at court in a couple of weeks?

[dx100uk]

its only a table down the front anyway. very informal.

 

if you do get a spare morning

its always worthy to go sit in the public bit in the court where these are heard 'en-mass' from about 10AM.

 

then you'll get a feel for how these things run.

 

 

dx

[Li4m79]

ahh ok, might try and pop along next week if I get a chance.

[Li4m79]

so just a quick update,

 

i received a letter from capquest today saying they are forwarding my request for info to shop direct and will send me any once SD have gotten back to them. Also the letter says amount owed : £3299.xx??

 

its a different figure to what the court summons is saying??

[dx100uk]

you must attend weds day 10AM. regardless.

 

increase is prob court fees but if they cant prove their case they can add what they like they aint getting nowt!!

 

did you ever send that sar to SD as advised

you need to start gathering penalty charges statements as post 6.

 

the 'person' you will be 'up against' will simply be a local sols that deals with 100's of these every day

they wont know or care about you one bit

and will probably be totally clueless as to the fact you've sent the CCA and got a reply.

as that'll be an eye opener to them.

 

DONT enter into any 'little chats' before the case.

 

you'll soon spot them as they'll be at the desk for all the cabot cases infront of yours.

just sit where you and the others get directed too

and watch and listen...

 

when you get called simply pop down the front and answer what ID questions are required to ID you etc.

then keep quiet till asked to speak by the Sherriff he knows the score and it your friend.

 

when asked to speak

simply state that the pursuer has failed to comply with your CCA request to date.

other than the letter you received today and you stand by your filed defence.

 

IF you feel its going well,

then theres nowt to stop you mentioning that you feel its extremely unfair that they are allowed to issue a claim without first having to prove its substance

[it used to be in Scotland that they HAD to attach proof to the claimform but was recently changed]

without producing an enforceable agreement and verified documentation .

and that you further think its rather poor they get even more time to now provide such documents

 

he might throw it out he might not,.

[Li4m79]

Yep SAR was sent.

[dx100uk]

of course I wouldn't want to speculate that crapest were already panicking

but

and i'll liken them to cabot who do 1000's of Scottish claims and many fall flat when challenged

but

they only just got over the £3k mark for summary cause

it could well be they have added this extra just to push it a bit more above the £3k mark when its under the sheriffs eyes.

 

 

because no doubt if they do carry this thru to later hearings by then you'll have the charges done and i'll bet lots that will knock several £100 off the balance.

 

 

its a game of chess as you'll see.

[Li4m79]

So court was ok... I go back in 4 weeks.. capquest failed to produce any documents.

 

I mentioned that it was unfair to bring me to court with no evidence actually with them and this is why the sheriff had given it 4 weeks to let capquest get their stuff together.. if they don't then it will probably get dismissed then..

[dx100uk]

if they don't then it will probably get dismissed then..

 

 

is that what the Sherriff said himself?

[Li4m79]

We'll a previous case in the morning with capquest was a girl who was there 4weeks ago and she was returning but capquest had no documents supporting their case so the sheriff dismissed the case.

 

He brought that same case up when he was talking to me and said he wanted to see why capquest has not yet responded to the CCA properly before he made a decision.

 

The way he implied gave me the impression my case would follow suit.

 

If I receive documents do I have to send them to SS?

 

Also am i right in saying they have to provide me with what they intend to use at least 14 days before the court date? So in effect I have 14days from now to hear from them?

[dx100uk]

what do you mean if you receive docs?

from whom?

[Li4m79]

Sorry I meant when I receive the CCA and SAR docs from CQ and SD.

[dx100uk]

whatever you get from the sar YOU KEEP TO YOURSELF!!

 

at this stage you don't and shouldn't tell anyone you are getting the sar.

 

that data MIGHT be useful if things get sticky with regard to they DO find enforceable paperwork.

then charges could be a useful retort against the balance.

 

you don't do their dirty work for them either...

 

if they do reply with docs [and we check them] your next move might be to file a defence

 

if its close to the next hearing then you'd simply inform the Sherriff you only got the docs XXX date which you have yet had time to inspect.

[Li4m79]

I think I mentioned the SAR today and in my court summons response form.

 

Hopefully it will have gone unnoticed

[Li4m79]

what i got from SD...

 

so looking at it

 

I must have had 2 separate accounts,

 

1 acc number is the one on my summons the other isn't.

 

They are asking what info i require

(although i thought the SAR letter pretty much covered it!

sdsarreq1.pdf

[dx100uk]

its not for them to try and filter the info!!

 

you require ALL the info they hold on you

 

for your own personal financial records.

 

id phone that guy and put a flea in his ear.

 

remind him he should not be undermining a legal request.

 

else he could end up in court.

 

dx

[Li4m79]

Update: ok I'd emailed SD and today I received lots of printtouts and screen grabs.

 

I have still not had anything from cc or SS with regards to the case. I'm under the understanding I am to receive whatever SS intend to use 14 days before the court date which is next Wednesday.

 

It's quite hard to make sense of it all but will have a proper look over once I get some time.

[AndyOrch]

And they will be expecting your evidence and witness statement...read your directions carefully..both parties must comply.

 

Andy

[Li4m79]

At the previous hearing the sherrif gave it 1month for cc to get something of substance to the table.. as of yet there is nothing..

 

My misses has signed for my SAR delivery and I've not had a chance to look at it yet..

 

On quick glance, the debt was bought for 3006 as claimed for. For the history of the account with SD I only made minimum repayments and yet they were increasing my credit limit at a rate of 300 every couple of months sometimes it was more.

 

It went from a 600limit to a 3500 limit very quickly

 

Last payment made 12/4/12 from what I can see

 

Don't think it's looking too good now, unless cc fail to produce adequate paperwork.

[dx100uk]

I refer you back to post 42

[Li4m79]

Gotch'ya