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Capquest/Shoosmiths summary Small Claims - old Shop Direct 'debt'


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Served papers re a small claims action raised against me by Shoosmiths on behalf of CapQuest, for a Shop Direct account they purchased.

 

The claim is for a balance iro £500 plus costs.

 

I have my doubts whether SD lawfully defaulted me but disposed of paperwork many moons ago.

 

I intend to make an incidental application to cist the action and request documentation from CQ and SD.

 

If I send the incidental application to the court,

 

do I need to send any of the response forms back?

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not the way to do it craigers.

 

 

let me move this thread to the Scottish forum.

 

 

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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What is the claim for – the reason they have issued the claim?

 

1. The parties are as designed in the instance. The named defender resides at XXXXXXXXXXX. 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 XX March 2013 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or oweing 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 XX July 2011 and relates to Mail Order agreement with account number XXXXXX. The said account is in default and the sum due thereunder is due and payable now. As at date hereof, the sum due in terms of the said agreement amounts to £500 conform to copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore 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. They refuse or at least delay in doing so. This action is accordingly necessary.

 

What type of action? (Small/Summary/Ordinary) Small claims under Summary procedure

 

Is the claim for a current or credit/loan account or mobile phone account? Catalogue Company

 

When did you enter into the original agreement before or after 2007? After, 2011.

 

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? I believe so.

 

Did you receive a Default Notice from the original creditor? I believe so but have doubts it was lawful.

 

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

Why did you cease payments:- Financial difficulty.

 

Was there a dispute with the original creditor that remains unresolved? No although I believe the default was not lawful because it was issued to quickly.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Possibly prior to default, on the phone once.

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see post 27 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?473593-Capquest-Shoesmiths-Summary-Cause-Summons-old-Shop-direct-cat-debt&p=4988003#post4988003

 

if you want to do CCA and the Equiv CPR for Scotland?? then do so

but you are not alone in these

and I typically don't.

 

whens the return date

and the Hearing date.

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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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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IMHO I wold not send a CCA request or anything to the original creditor either

your return of page 6/7 deals with this.

 

when was your last payment

and which court 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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yep

 

why not go ring SD and ask cant harm you they've sold the debt.

 

most of these Capquest/Shoosmiths claims are totally speculative.

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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so its the holding..off SB claim tactic.

as post 10 then

but I wouldnt file that yet.

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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I`m not sure what tact to take here. Any admission at all?

 

 

Logged on to my account and cannot access statements etc.

If I click on make payment it says no minimum balance required,

yet the available balance shows -£160 or thereabouts,

a credit limit of a little over £300,

and a balance of £460 odd.

 

 

So by my reckoning, a fair chunk of the claim is charges.

 

Should I email SD asking them to send me copies of statements, or go full out with a SAR?

I don`t want this dragging out longer than needed.

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well you can deal with those charges if you lose and get them knocked off the balance

that's pretty much given in Scotland and you can use their int rate too..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473593-Capquest-Shoesmiths-Summary-Cause-Summons-old-Shop-direct-cat-debt-***Claim-Dismissed***(5-Viewing)-nbsp

just got dumped out..

 

what I meant in post 16 was ... they've issued the claim to stop the debt becoming SB'd

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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I don`t want to lose. I`ve already had 4 years with a default, if I lose then that judgement would stay with me for longer than the remaining period of the default. It could cause an issue with work too if they decide to renew my vetting again.

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well theres nowt you can do to guarantee that other than getting fleeced and paying it off.

 

 

up to you

were not clairvoyant and we cant protect against judge lottery.

 

 

but with not paperwork twill be going nowhere for them.

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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Say I defend on the basis I don`t recognise the alleged debt and request paperwork from shoos so I can defend myself, and they then provide sufficient to prove the debt exists, can I then settle out of court?

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that's down to them.

go back and read that PDF in post 10...

you are not defending yet..

you are saying you cannot enter a defence UNTIL the pursuer proves their claim..

 

 

that's the diff between E&W and Scottish systems..

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...

No happy.

 

Phoned Shoos and said I wanted to offer monthly payments.

 

Told them I was not admitting liability but that I did not have the time nor energy to fanny about at court at this time, and that I would take my own action against SD to recover the monies paid.

 

Not sure if it was a scare tactic but they said that unless I paid in full then CQ would still instruct them to move for a decree. Told him to do one.

 

So...

 

If I apply for a time order under s129 CCA, what impact would that have on my credit file?

 

If I do as you advise dx,

I see this as a way to buy time til I can pay in full.

 

If I pay in full can they still get a decree?

 

If the court grants decree am I right in thinking I can have it removed from my credit file if I pay within a month of judgement?

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bad move

I really wish users would run their hairbrain ideas passed us first before hitting the big red button.

 

whatever made you do that.......?

 

till this moment you had the upper hand, you've just stuck your neck in the chopping block and assisted them in sharpening the blade.....

 

you've really made a mockery on my time in trying to help you....

 

ofcourse the pursuer will say we want all the claim when rabbit in headlights doesn't move out the way......

 

sorry but god... why the hell did you do that

theres no rhyme or reason to bend over and be.............

 

you've not even at the defence stage yet.....

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 months later...

outcome?

 

 

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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