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Capquest/Drydens Claim Form - old shop direct Very cat debt

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Name of the Claimant ? Capquest Investments Limited

 

Date of issue – 3rd May 2017

 

Date to acknowledge - 21.05.2017

 

 

date to submit defence =04.06.2017 (33 days in total) -

 

 

What is the claim for –

 

 

1. The claim is for the sum of £886.32 in respect of monies owing by the defendant on a credit agreement held by the defendant with Shop Direct under account number xxxx upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. The balance owed was assigned from Shop Direct to the claimant and the defendant has been notified of the assignment by letter.

 

What is the value of the claim? £886.32

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Catalogue account

 

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. The account was assigned and the debt purchaser has issued the claim

 

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? Yes

 

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

 

Why did you cease payments? At the time I was a graduate and got behind on loans

 

What was the date of your last payment? The account went into default in February 2012. I haven't made a payment since then

 

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 planicon? No

 

All advice would be greatly appreciated thanks.

 

 

I should note that I already have a CCA for this from Capquest from November 2012.

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx


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Thanks! Is there still a point in requesting the CCA considering I received one in 2012 from the same claimant? Also does ticking the defend all box mean I will actually have to come up with a defence?

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the CCA was 5yrs ago yes sent it.

 

and yes ofcourse you'll file a defence

 

1000's of identical threads here with all the info

but that's weeks away yet

just remember

its a speculative claim

they didn't expect you to respond just cave in.


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Hi.

Just to update you

 

I got the unopened CCA back from capquest today.

 

I'd sent it recorded delivery and Royal Mail had ticked that they were unable to deliver the item because it had been refused.

 

Looking ahead to my defence I'm assuming I can use this.

 

I haven't got back the CPR 31:14 yet but I'll be working on my defence over this weekend mindful of my deadline

(I did my mcol acknowledgement the same week I received the claim form).

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send it back with a 1st class stamp

get free proof of posting from PO counter


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Hi I've had no response from the claimant after submitting my CPR 31:14 or CCA. I'm going to submit my defence. Please let me know if this is ok. Thanks in advance!

 

1. The claim is for the sum of £886.32 in respect of monies owing by the defendant on a credit agreement held by the defendant with Shop Direct under account number xxxx upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

 

3. The balance owed was assigned from Shop Direct to the claimant and the defendant has been notified of the assignment by letter.

 

Defence

 

The Defendant contends that the particulars of claim are vague and 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. Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of any breach by way of a Default Notice

© 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;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. 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 consumer crediticon Act 1974.

 

6. On the 11th May 2017 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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I'm going to modify 6 slightly to reflect that the section 78 request was made in 12th May. Should I note that it was refused and returned to me and resent on the 25th May or would that come in WS? Thanks.

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yes 6 doesn't read smoothly - too many 'request' used

 

 

put the consumer credit act before the sect 78


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Ok thanks. How about:

 

6. I made a legal request by way of a CPR 31.14 on the 11th May and a Consumer Credit Act Section 78 request on the 12th May, to the Claimant. The Consumer Credit Act Section 78 request was refused delivery by the Claimant and returned to me. I re-submitted the request on the 25th May. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

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Hi dx100uk is the above ok?

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ideally this should have been filed Friday by 4pm.

but no worries


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Ah I thought I had until the 4th calculating the 33 days! I'll do it now!

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courts close for the W/end at 4pm Friday

don't rush wont matter

wont be seen till 9am Monday anyhow

 

 

litigants in person are allowed to make mistakes


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By way of update, I submitted my defence and got a letter saying my defence had been submitted on 5th June. It's now been almost 2 months with nothing submitted by Capquest but the case hasn't been stayed either. What (if anything) should I do? Thanks!

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it has

its autostayed.

 

 

go enjoy the holiday period

unless they pay to lift the stay and the COURT writes to you

its done with


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Hi! It’s been a while since I posted.

 

There had been no activity and then

 

I received a letter from capquest stating that their client no longer holds a copy of the default notice.

 

They have however provided a screenshot of the default information.

It’s is a screenshot from their internal computer system with a series of JavaScript-type notes on what they say has been sent to me.

There are no actual documents in the screenshot.

 

The case remains stayed but am i right in taking this as a positive sign that if the stay was lifted my defence would be strong?

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well in all effect they only have to prove a DN was sent, not produce it.

however, post 17 applies


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

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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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