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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as 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.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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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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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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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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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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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Great bear with me

 

We have over 12" of snow here


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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


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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


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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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