capquest/restons claimform - old Shop Direct CAT Debt

[georgie2404]

I have recently received 2 letters off restons one last week with a income and expenditure form and one today giving me 14 days to reply with either full payment or installments again with the income and expenditure form.

Its on behalf of capquest who have taken over a debt from shop direct its for £5177.00

 

i havent heard off shop direct in years.

Ive looked on my credit file and a default was put on 2015 but i havent responded or spoke to them in 5 years at least.

 

I went through a very hard time personally i cant even rememeber the last time a payment or any contact was made with shop direct.

Ive never spoke to capquest on the subject.

What do i do now??

 

I think this debt is over 6 years old i dont think i have made contact or paid anything within 6 years, how do i find this out?

 

Please help im due a baby in november and only on maternity pay this is the last thing i need to come out the woodwork

[AndyOrch]

Hi georgie

 

So now you send Capquest a section 78 request which requests a copy of the agreement/Terms and conditions and current statement......template is in the CAG Library sub section Debt Collection.

 

They have 14 days to comply...then see what happens...ignore Restons.

 

Andy

[georgie2404]

i sent the letter to capquest heard nothing now have a county court letter off restons?

What do i do now?

 

i received letters off restons for an old shop direct account that hasnt been in action for around 6 years its not even showing on my credit file other than old account.

 

i sent a cca request off to capquest and never heard back,

 

today i have a letter off county court business center northampton and i dont know what to do next??

 

Please can anyone give me advice ,

i will be on maternity pay as of end of august and am really worried about money

[Old Cogger]

go nn to MCOL sight and log in, acknowledge the court form and tick defend all, then get back on here, Andy will assist no doubt as sounds a statute of Limitations exercise whereby they are chancing their arm hoping you know nothing a bout the 6 years rule.

[georgie2404]

Thanks for your advice

[dx100uk]

please complete this so we have all the correct info to assist best:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

 

moved to legals

 

 

dx

[georgie2404]

Name of the Claimant ? Capquest investment

Date of issue – 10th august 2017

 

What is the claim for –

1.The claimant claims payment of the overdue balance due from the defendant under a contract between defendant and shop direct dated on jan 07 2009 and assigned to claimant on 21st nov 2015

 

What is the value of the claim? 5216.06

 

Is the claim for - a Bank Account (Overdraft) or credit card or 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. capquest

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware

 

Did you receive a Default Notice from the original creditor? Dont have this

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No never

 

Why did you cease payments? At least 6 years ago

 

What was the date of your last payment? Cant remember

 

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? At least 6 years ago

 

This account shows as closed on my clear score credit report,

i sent a cca request 3 weeks ago by recorded delivery they received but never acted on it.

 

What is the next letter i need to send so you have a template?

Thanks for all.your help

[dx100uk]

go ring shop direct

ask last payment date

 

if they start playing games about its sold ring capquest

 

remind them under the money laundering and prevention of fraud act that they must hold data for 6yrs

and also the data protection act

speak to a supervisor if you need too

[georgie2404]

I have rang very who the catalogue was with

they say i made a payment in march 2015

 

i have requested bank statements to check this as i dont think this is right.

 

My mum died in june 2012 and my dad gave me money in sept

i sent them letters to pay the balance off but never heard back so havent made any contact since.

 

Statements will take 7-10 days.

Should i also send the letter off to capquest again asking for copies off all letters and info??

Whats the template i need to send please

[dx100uk]

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 CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[georgie2404]

Thanks the letter will be sent 1st class recorded tomorrow.

I will wait and let you know the outcome, do i wait a specific length of time?

[dx100uk]

you do not miss your defence filing date no matter what happens

 

 

dx

[georgie2404]

I acknowleged yesterday so how long is that then before the defence?

What do i write as defence?

[dx100uk]

all is explained the link you read for post 7

reading other like threads here involving your players

 

 

1000's of cat claimform threads here already

use the search cag box red toolbar up top

[georgie2404]

Well i recieved a letter off capquest referring to a cca request sent to them in july, saying they have asked shop direct for the information needed.

Ive not heard off restons regarding anything else.

 

Have they had enough time?

Do i now put in my defence?

 

I would have thought capquest would have all the details if they bought the account off shop direct??

 

Many thanks

[dx100uk]

all of those questions would be answered if you read and absorbed the information in other threads

what have the others in the 100's of cat Claimform threads here done and when?

 

 

what date is you defence due?

[georgie2404]

I have submitted my defence yesterday as i still hadnt had anything off restons or capquest

[dx100uk]

ok what did you file please?

[georgie2404]

ok what did you file please?

 

I looked through all the posts and seen the defences people put in and changed wording for mine.

 

As i received nothing off restons or capquest.

 

i sent a cca request on 26th july and the other request on 11th august and nothing received to date

[dx100uk]

lets rephrase my request shall we

 

when/if it comes to filing a WS

 

it will need to expand on your defence

 

we need to see it verbatim

 

else we wont know if what you are stating is correct in the ws

[georgie2404]

I have received a letter off restons today saying they dont need to supply me with any copies of anything as i should already have them and to look through my personal files.

Ill try upload a copy of the letter

 

I dont know how to upload to the sight

 

This was my defence:

 

Particulars of claim:

The Defendant contends that the particulars of claim are brief, 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.

 

2.Paragraph 1 is noted, although I do not recall entering into a contractual relationship with Shop Direct or am aware of any balance outstanding. I have therefore sought clarity by way of a CPR 31.14 and Section 78 request.To this date the claimant is and remains in default of my requests.

 

3. The second paragraph is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, 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.

 

4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request.

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

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

 

6. 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.

 

I then received the letter off restons today dated 7th sept.

This also inc a income and expenditure form giving me 14 days,

they have 21 days left to submit back to court which they said they will suggest to their clients.

Im really lost on all this im due a baby in 9 weeks and its really stressing me out.

[dx100uk]

They send that letter to everyone

Safe to ignore

 

If if if they do move fwd

The next thing you don't ignore is an N180 from THE COURT

[georgie2404]

Hi

im back again

 

this week i received a copy of my agreement that just has a box ticked and my name.

 

They also sent me a screenshot of them showing a default notice.

 

They sent me a list of statements.

 

The court has stayed the claim but restons are now asking me to fill a form to stay i agree with the claim and if i dont they will get the stay lifted??

 

What shall i do now??

 

hope this is better

doc s.pdf

[dx100uk]

thread tidied

[dx100uk]

so still no default notice then...

could be just restons usual threats/debtor intimidation tactics