capquest/restons claimform - old Littlewoods Shop Direct Debt***Claim Discontinued***

[dx100uk]

Easy 100's here already

Use search cag box top red toolbar

 

Claimforn cat capquest

[strongdumplin]

Hi all just received this from. Restons today.

 

Re: Capquest Investments Limited v. Yourself Account Number: ******

Original Creditor and Product Type: Shop Direct - Littlewoods Mail Order

 

We write further to receiving instruction from our Client.

Our Client accepts your offer to repay the outstanding balance of £517.68 by instalments of £100.00.

 

Your first payment of £100.00 is due by Friday, September 15, 2017, and subsequent payments made monthly, until the balance due on your account is repaid in full, or the payment programme is reviewed.

 

Please make all payments to Restons Solicitors Limited and ensure that our reference ******** is quoted. Details of how you can make payment to us may be found on the reverse of this letter. The most convenient way to pay is by direct debit facility which can be easily set up by telephoning us on 01925 426100. Alternatively, visit our website at http://www.restons.co.uk and select 'make a payment'. Cash and postal orders should be sent via registered post.

 

In the event of you experiencing any financial difficulties or you have any questions regarding this letter (or your circumstances change), please contact us on 01925 426100.

 

We must warn you that in the event you fail to maintain the agreed payments or fail to contact us to explain that your financial position has deteriorated, we are likely to be instructed to issue a County Court Claim for the balance then due on your account together with fees and costs.

 

Yours faithfully,

 

Restons Solicitors Limited

 

Not sure what to do now.

 

Strongdumplin

[dx100uk]

what the date of that letter?

[strongdumplin]

Hi

I received a pdf of the letter by email.

it has today's date.

[dx100uk]

seems like left arm doesn't know what the right one is doing

they've ALREADY issued a claim !!

 

 

I would NOT miss your defence filing date unless you get a letter from the COURT that the claim has been discontinued.

[strongdumplin]

Through it was strange that my defense date is on Wednesday 13th Sept and the date in the letter for payment is Friday 15th Sept.

 

Also I wouldn't be able to pay until I get payed on the 20th.

 

Should I email them explaining what you have said?

 

Strongdumplin

[dx100uk]

unless you want to take up the offer no.

 

you say you have the statements?

 

how much of this debt is £12 fees and added interest for the items?

 

were they pay now buy later stuff?

just trying to gauge how much of the debt is real

and if its worth running this through to court

[strongdumplin]

Attached is the only letter I have from littlewoods.

I only found this after my ex left with a couple of Capquest ones.

 

Strongdumplin

littlewoods.pdf

[strongdumplin]

Hi all

 

Just going to give in now and pay up.

 

I can't make sense of all the legal stuff, have got a clue how to defend myself.

 

Back on Anti depressant again as unable to sleep, this and other stuff.

Just to much to deal with at the mo.

 

Strongfumplin

[dx100uk]

you don't need any legal stuff sense..

not at this stage

and you don't even know if its even going to court yet not even reached allocation to your local court

that's months away.

 

 

have a look at these threads

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Claimforn+cat+capquest&sa=Search+CAG#gsc.tab=0&gsc.q=Claimforn%20cat%20capquest&gsc.page=1

 

 

you'll see that their POC [particulars of claim]

on the claimform

are the same as yours

 

 

then use the defence of no paperwork they have used.

post it here and have a go.

 

 

you've weeks yet till you need to file it [by 4pm 11th sept]

 

 

don't give in yet

when theres nowt to give in to yet!!

[strongdumplin]

Thanks for the help dx.

 

But with me having dyslexia I have already messed up the CCA Request and CPR 31:14 letters after reading them again,and reading endless threads and post of legal jargon I just can't make sense of it all.

 

All I will do is mess it up like I always do.

 

Strongdumplin

[dx100uk]

you did not mess anything up with CCA/CPR, they got there

balls in their court now.

 

 

as already stated you don't need to know legal jargon

 

 

simply follow above and find someone elses defence in that list I posted

 

 

you don't need to read other threads endlessly.

if it confuses you

stop it

we'll deal.

 

 

get your defence up here and we'll adapt it.

 

 

it will be something like one of these :

 

 

Here are some recent Cat defences that Andyorch drafted for another poster s

.

You will have to edit slightly to suit your claimant Particulars and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

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 an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

Paragraph 2 is noted with no admittance. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

.

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

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.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 with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

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

.

5.On the alternative, if 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.

.

6.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.

.

Regards

.

Andy

***************

...

..

or

.

1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******

.

2.The defendant failed to maintain contractual payments required under the terms of the account agreement.

.

3.The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.

.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91

The claimant claims the sum of £450.73

.

.

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 credit Act 1974.

.

6. On the 8th November 2016 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.

.

or

.

1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

.

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

.

3.The claim also includes statutory interest pursuant to sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.

.

.

.

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 an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

.

3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

4 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 how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

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

.

6 On the alternative, if 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.

.

7 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.

.

or

.

.

Edit to suit and fit your particulars....

.

Your particulars of claim

.

1 the claim is for the sum of £7xx.xx in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number xxxxxxxxxxx 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 example to be edited

.

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 an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore ,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

.

3 On the 07/11/2016 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

4 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 how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

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

.

6 On the alternative, if 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.

.

7 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.

.

[strongdumplin]

Thanks again dx.

 

I will get on with this over the weekend.

 

I don't suppose you know Anything about tenancy/letting agents.

 

It's just my friend has had a premature baby and has just got back home.

 

Now the letting agents have just told her she has to be out by Monday.

She lives in a HMO and I'm not sure what her rights are.

 

Any help would be very appreciated.

 

Strongdumplin

[dx100uk]

don't miss your defence date by 4pm 11th sept

post you ideas up here first!!

 

 

go start a thread in the residential and commercial lettings forum

they are VERY GOOD on there

they will help

 

 

dx

[strongdumplin]

Thanks again.

 

Strongdumplin

[strongdumplin]

Hi all

 

I know I should of posted my defense up first, but I panicked and did it today to make the 4pm cut off time. I hope I've not messed it up..

 

particulars of claim

1. the claim is for the sum of £517.68 in respect of monies owing by the defendant on a credit agreement held by the defendant with shop direct under account number ********** 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 an agreement in the past with Shop Direct Finance Company but do not recognise the account number referred to by the claimant. Furthermore ,I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

3. On the 22/08/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

4. 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 how the Defendant has reached the amount claimed for; and

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

6. On the alternative, if 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.

 

7. 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.

 

Strongdumplin

[dx100uk]

A few bits we don't normally recommend but never mind

Wasn't due till the 11th Monday..you should have waited for it to be checked.......

[strongdumplin]

Hi all

 

Just to let you I have received acknowledgement of my defense.

 

dated 11th SEPT 2017.

 

Strongdumplin

[dx100uk]

clock is ticking

 

 

dx

[strongdumplin]

Hi Dx

 

Just received this letter today from Restons.

 

Not sure what this means and what I am supposed to do now?

 

Kind regards

 

Strongdumplin

Restons_2.pdf

[Old Cogger]

usual standard template letter at this stage await next instructions fom court

[dx100uk]

with all the reston claimform threads you're read

you must have seen that letter several times already.....

[strongdumplin]

Hi

 

Just on sure if I have messed them up or not, With my dyslexia

the CPR 31.14 request.

 

They also state they have no record of receiving a properly constituted section 77/78 CCA .

 

Regards

 

Strongdumplin

[AndyOrch]

Hi

 

Just on sure if I have messed them up or not, With my dyslexia

the CPR 31.14 request.

 

They also state they have no record of receiving a properly constituted section 77/78 CCA .

 

Regards

 

Strongdumplin

 

They wont...you sent it to the cliamant

[strongdumplin]

Hi all

 

Just to keep you up to date.

I received this letter yesterday from Capquest along with a copy of their acquisition letter dated 05/08/2015.

 

Regards

Strongdumplin

Capquest 011017.pdf