Capquest/Restons claimform - old Shop Direct CAT debt

[monty2000]

after some advice please.

 

I am having problems with Restons solicitors who are pursuing an alleged debt that I owe to Cap quest.

 

They ignored any requests for further information stating they didnt have to provide anything and that my letters had no legal meaning.

 

shortly after they then threatened legal action,

I then carried out the pre action conduct protocol

 

to which once again they would not provide any documentation that I owed the debt and that my letters had no legal meaning.

 

One of their letters did contain a couple of points, stating OC, Balance, when the debt was transferred etc.

But they blatantly refused to provide me with any documents.

 

They have now commenced legal proceedings against me though NCC Bulk center.

 

Im unsure whether to apply to apply to have the claim stayed for non compliance of the pre action protocol,

 

but am unsure if what they have done is sufficient by then simply stating some apparent particulars with no documentation to back it up.

 

or do i defend the claim & carry on with another request for futher information under cpr18 asking for evidential proof once again.

 

any help would be greatly appreciated

[dx100uk]

you probably caused this by sending stupid letters thinking you were clever.

when all it did was probably showed you up as a bit foolish by inviting pointless letter tennis.

 

 

can you complete this please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

not sure where you got the idea you can stay a claim..

[monty2000]

not sure what you mean.

i do not acknowledge or remember the debt. which is why i want proof and why i carried out the pre action conduct protocol letters not pointless imo

[dx100uk]

very pointless

its called letter tennis and to a dca or their fake/tame letterhead solicitors it gets you nowhere.

 

 

the time to prove the debt is infront of a judge.

 

 

get that link done

[monty2000]

so what you are saying is the pre action conduct protocol along with part 18 of the practice direction have no meaning or purpose and solicitors dont have to follow them?

if they complied with my requests instead of them turning into letter tennis as you so put it, it may have never had to go to court. But i be damned if im accepting some numbers printed on some paper as proof of debt that i do not recollect.

[dx100uk]

then you let the judge decide that....

 

 

you got a phishing letter

with some bunkum on it that you owed a debt

 

 

you fell for it and responded.= MUG

 

 

as you've seen.

whatever you throw at them makes no odds

they still issued a claimform = totally pointless letters upon your behalf.

same outcome

 

 

get that link done.

[monty2000]

why wouldnt i respond, when some bottom feeding lowlife is sending me letters demanding money?

 

I have nothing to hide.

Im not a stupid person and If they think they are above the law which they aren't they will be in for a surprise unless documentation is provided on or before the potential court date.

 

thanks for the info though, its interesting to know you can take anyone to court by blabbing any old crap on a claim form

Edited July 12, 2017 by monty2000

[dx100uk]

its exactly what DCA's do sadly

 

 

so get the link done and we can help ..

 

 

simple answer is never respond to phishing letters.

 

 

as you've found

if they are brave enough and issue a claimform that's the place to squash them

not pointless letter tennis

[AndyOrch]

Just a few points until we get the information required monty.... pre action protocol does not apply to debt claims until 1st October 2017...and you cant use CPR until a claim is issued....also CPR 18 is not applicable to small claims track amounts..even if you sent it after receiving the claim.

 

 

https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/pre-action-protocol-for-debt-claims-comes-into-force-on-1-october-2017

 

Regards

 

Andy

[monty2000]

ok. would i be better off sending them a request for the documents under CPR 31.14 instead then?

[AndyOrch]

ok. would i be better off sending them a request for the documents under CPR 31.14 instead then?

 

Dont know until we see the particulars of claim and a little history of the dispute/debt...link please.

[monty2000]

Name of the Claimant ? capquest

 

Date of issue – 07/07/17

What is the claim for –

1.The claimant claims payment of the overdue balance due from the defendnat(s) under a contract between the defendant(s) and shop direct.

dated on or about **/** 2010 and assigned the claimant on **/06/2013.

2. PARTICULARS a/c no- ********

Date Item Value

06/03/17 Default Balance 1700

Post Refrl Cr NIL

 

What is the value of the claim? 1700

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CAT DEBT

When did you enter into the original agreement before or after 2007?

 

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?

 

Did you receive a Default Notice from the original creditor? I havent received any default notices to my knowledge

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

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

[dx100uk]

Answer every question please

[monty2000]

there as certain questions i dont know the answers to as i dont recall the debt.

i dont think i missed any which i could answer

[dx100uk]

When did you enter into the original agreement before or after 2007?

 

 

Why did you cease payments?

 

What was the date of your last payment?

[monty2000]

looking at theparticulars of the claim, after 2007.

not sure when payments ceased as idont recall the debt

dont knowthe last payment as i dont recall the debt

[dx100uk]

like pulling teeth this

have you looked at your credit file

or any of the various communication you've had from them previously?

 

 

could be useful

might be statute barred.

what catalogue accounts have you had in the past?

[AndyOrch]

looking at theparticulars of the claim, after 2007.

not sure when payments ceased as idont recall the debt

dont knowthe last payment as i dont recall the debt

 

This is the kind of information you should have been looking into monty pre litigation instead of sending pointless CPR letters..the devil is in the detail and the claimant as an assignee wont know any of the above....and thats how you catch them out.

 

Plenty of time for you to start research before your defence is due.

 

Andy