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Li4m79

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

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Ok, new here, so please go easy.... :)

 

First off after reading some threads here today,

i feel ive left this a bit long,

but any advice is appreciated and will be taken on board.

 

In December I received a Summary Court Summons for £3006.64. For unpaid shop direct handled by capquest.

 

My Return date is 18th January (this is next week i know, so not a lot of time to decide what i'm gonna do)

 

The original account with shop direct was 2010, and it was passed to capquest in 2012.

 

I'm happy to admit full liability and offer to set up a repayment plan.

 

BUT, if i recall at the time, I was barely able to make minimum repayments, yet they kept increasing my credit limit.

Can I dispute the claim and try to reclaim some charges/interest to reduce my final figure??

 

This is my first full day off work in a few weeks, and no kids at home, means I finally have the time needed to get my response in.

 

Again I'm sure i've done this all wrong, but just need some quick advice due to my circumstance...

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Hi Li4m79 and Welcome to CAG

 

I have moved your thread to the Scottish Forum here...please continue to post here as normal.

 

Regards

 

Andy


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oooops thank you :)

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In the meantime until our Scottish advisors see your post please take a read of the following link and post details as requested here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.


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What is the claim for –

 

STATEMENT OF CLAIM

 

1. The parties are as designed in the instance.

The named defender resides at xxxxxxxxxxxxxxxx.

The defender has been so resident for more than three months immediately preceding the raising of this action.

The defender is domiciled there.

This Court accordingly has jurisdiction .

There are no proceedings pending before any other Court involving the present cause of action and between the parties hereto.

No agreement exists prorogating jurisdiction to another Court.

 

2. The pursuers are a finance company which inter alia operates the business of debt purchasing.

By virtue of a debt purchase agreement between the pursuers and Shop Direct Limited dated 12 November 2012 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to Shop Direct Limited which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation .

 

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.

The said account is in default and the sum due thereunder is du and payable now.

As at the date hereof, the sum due in terms of the said agreement amounts to £3006 .64 conform to copy statement of account which will be produced in any defended process to follow hereon.

In terms of the debt purchase agreement hereinbefc rE: condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer.

 

4. The defender has been called upon to make payment of the sums sued for.

The . refuse or at least delay in doing so. This action is accordingly necessary.

 

What type of action? Summary (by £6.64)

 

Is the claim for a Catalogue via Capquest

 

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. Capquest

 

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? I cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I hadn't heard from them in years, but i have moved address a few times in that time

Why did you cease payments:- They just got too much, i couldn't afford them

 

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 I didn't

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the only thing you could dispute would be the monthly penalty charges {£12 late/over/letter etc]

these could be upto £24 every month you didn't pay until they sold the debt on

but you'd need the statements to confirm their value to you.

 

get an sar running to shop direct today

 

or go ring them [shop direct] and ask for a statement of charges

they MIGHT send one to you but the statements are better.

though these probably wont be more than a couple of £100's.

 

have you paid shop direct anything in the last 5 yrs?


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i'm not 100% certain when my last payment to shop direct was, i have since changed/closed the bank I used so can't retrieve any statements... it is very possible.....

 

Ok i just called shop direct and although the woman was trying to palm me off to capquest, she did say the last payment she could see on her system was for £270 April 2012 so just under 5years :(

 

And just too add again, I've left this all quite late, i have to reply to the court by Next Wednesday.....

 

Apologise if this looks as though i'm spamming the thread...

 

I want to send everything off tomorrow.

 

Should I just admit liability and offer to repay... As ive left it so long i don't know if there is anything else i can do???

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Apologise if this looks as though i'm spamming the thread...

 

I want to send everything off tomorrow.

 

Should I just admit liability and offer to repay... As ive left it so long i don't know if there is anything else i can do???

 

Dont do anything just yet wait for further advice.


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ok... and thank you

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if you return date is not till the 17th then hang fire and we'll review things later..

what date is the hearing?

 

my gut reaction is to defend it and get a CCA request running to capquest and the Scottish eqiv to a CPR running to the solicitors who are?

 

99.9% of these DCA claims in Scotland simply turn out to be speculative and the pursuer hopes for a default undefended judgement where no paperwork is looked at nor needed.

 

once you defend and request proof etc, they back off.

 

which court is this too please


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thanks dx!

 

Their Solicitors are Shoosmiths LLP,

 

 

calling date is 1st February at 10am and its Perth Sheriff Court.

 

Whats a CPR by the way??

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Civil Procedure Rules (CPR) for Scotland.

 

See here...

 

https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules

 

Andy


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Thanks Andy, will try and get a read of this over the weekend...

I'm a chef with 4 kids so free time is like the holy grail to me!!...lol

 

@dx100uk , even if I defend and they don't back off,

i guess its just a case of setting up a repayment plan anyway, so nothing lost really I assume...

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Thanks Andy, will try and get a read of this over the weekend... I'm a chef with 4 kids so free time is like the holy grail to me!!...lol

 

 

@dx100uk , even if I defend and they don't back off, i guess its just a case of setting up a repayment plan anyway, so nothing lost really I assume...

 

Absolutely.....better to try to defend than not at all and then kick yourself:wink:


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so defending, means I may/will need to go to the court on the 1st of February.

.. you think it would be fine to represent myself?

 

Hopefully as said they may just back off,

but gotta prepare for the worst case scenario I guess..

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Of course you can represent yourself...this is known as Litigant in Person


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I think i may need some pointers on filling out the "note of proposed defense/counterclaim"

 

i need to;

 

"State which facts in the statement of claim are admitted"

 

"State briefly any facts regarding the circumstances of the claim on which you intent to rely"

 

"State details of counterclaim, if any"

 

I fear that the original debt could have been around the 3k figure,

but its been so long ago I cant actually remember,

 

 

but I know I was late on a lot of payments and would have racked up charges a lot,

and over the 2 years of me having the account,

they kept ramping up my limit but i guess trying to get these back I would have to do outwith this case as it is now with capquest.

 

A friend has just pointed out this passage in the original statement;

 

"conform to copy statement of account which will be produced in any defended process to follow hereon"

 

does this mean they have the original statements saying the figure is correct??

Edited by Li4m79

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whatever happens you MUST attend 1st feb..

 

now just doing a wee bit of background

and this is new to me!!

 

http://www.scotcourts.gov.uk/taking-action/simple-procedure

 

I guess your is NOT one of these?

what is the number on you form please just to check


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I will guess you have:


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yep that is exactly what I have..

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Great bear with me

 

We have over 12" of snow here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Have you sent SAR to shop direct?

or CCA to Capquest or CPR to SS?

 

 

what have you done so far?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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neither yet, its been the weekend.... that plus being stuck in a kitchen for 12hours every day... :( i've taken tomorrow off as a holiday as I think its gonna be the only way i'll get time to do do anything.

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good ok

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I cant seem to find an account number with Capquest for filling out my CCA. I have a reference quote for SS and obvs my account number for Shop Direct, but nothing for capquest. Is there other info I should put in this absence?

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