Capquest/Shoos SPR claim Kirkcaldy - old Very CAT debt - SBd **CASE DISMISSED**

[duckduckgoose]

Hi all,

 

I'm new to this site but I really need help.

 

a few years ago I got myself into a right pickle with debt.

 

I was young and stupid and when it came to having to pay, I couldn't.

 

I have had letters from collection 'enforcement officers' which I haven't given a second thought, letters have been binned etc and we've since moved house.

 

Yesterday morning two men knocked my door and handed me a form from the local sheriff court advising that I will be taken to court in order to recoup the money owed to the collection agency.

 

They did not introduce themselves (later found them to be capquest agents from a clause in the paperwork) and I did not acknowledge the debt or confirm who I was in relation to the person they were looking for.

 

What do I do?

Where do I stand with this?

 

The debt was bought by capquest in December 2012 from original creditor Very and I have had zero contact with either since defaulting on payment to Very in November 2012.

[dx100uk]

no what you had at your door were sheriff officers,

nothing to do with capquest,

they came from your local sheriff court because a court claim by capquest has been made against you over an old shop direct Very Catalogue account you ran away from.

 

I also doubt you had any letters from enforcement officers most probably DCA'slinked to the capquest group.

 

firstly , you now have a court claim and you need to act swiftly and correctly

to assist us in helping you to do that

can you please complete the following link:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

 

thanks

 

dx

[duckduckgoose]

name the issuing court:Kirkcaldy Sheriff court

 

Who Is The Claimant: Capquest Investments Limited

 

Who Are the Solicitors: Shoosmiths LLP

 

What type of action? (simple/Ordinary): Simple

 

What is the claim for –

[type out ALL the text [minus pers details] from box D1

which FOLLOWS the words: [substantial connection with Scotland]

 

1.The claimants are a finance company which inter alia operates the business of debt purchasing.

2.By virtue of a debt purchase agreement ("the agreement") between the claimants and Shop Direct Limited ("the Original Owner") dated 21/12/2012, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon.

3.The said assignation was intimated to the respondent by way of a written notice on or around 21/12/2012.

4.The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974.

5.Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fell due.

 

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

Last Date Of Service:- 25/09/2017

 

Last Date For Response:- 16/10/2017

 

What Documents are listed in Box E2:

A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Catalogue

 

from your knowledge: answer the following:

 

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. Debt purchaser

 

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

Did you receive a Default Notice from the original creditor? I believe so,

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

When was you last payment:- circa October 2012

 

Why did you cease payments:- financial difficulties

 

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

[duckduckgoose]

If I contacted Very to find out the last payment date would this be detrimental at all?

Thanks

[dx100uk]

no they've sold it

if they state they cant give you the info

 

 

tell them under the protection of fraud act & the Data protection act that they legally MUST hold data for 6yrs

and cannot with hold it from you

if you wish me to go phone the information commissioners office and get them to ring you I will

now give me the last payment date please and stop FaFFIn around

[duckduckgoose]

Thanks, I'm just off the phone with Very and... The lad said the last payment I've made was 31st July 2012.

[dx100uk]

then under Scottish law its extinguished

about right for capquest

they've no idea Scotland is 5yrs!!

[dx100uk]

can I just check something

you did take this out whilst resident in Scotland too?

[duckduckgoose]

then under Scottish law its extinguished

about right for capquest

they've no idea Scotland is 5yrs!!

 

Great news! What's the next step?

 

can I just check something

you did take this out whilst resident in Scotland too?

Yes, I've always been here.

[dx100uk]

the Scottish SB defence

which I think runs.

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

under scottish laws the debt is now extinquished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

Regards

[dx100uk]

you should have one of these already

but if not here it is

[dx100uk]

just scroll in the two boxes D1 D2

deleted whats there and insert the SB defence in D1

 

 

d2 can be left blank

 

 

dx

[duckduckgoose]

Thanks so much. I'll fill out the response form tonight/tomorrow.

 

 

In your experience, will the court look at it and accept it as statute barred and no further action or will this require a court date and that I'd need to seek representation?

Sorry for all the questions

 

Just saw your other response, that's really handy thank you very much.

[dx100uk]

you wont ever need anyone to represent you.

its simple procedure aimed at the Litigant in person.[you]

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?476735-The-Simple-Prodedure-Rules-For-Claims-Under-£5k-in-Scotland-From-Nov-2016(1-Viewing)-nbsp

[duckduckgoose]

Grand. I've filled out the response form with your advice. Do I need to add anything in about proofs etc or just leave all that blank?

 

Thank you

[dx100uk]

proof of what?

 

its for the claimant to prove a debt is NOT statute barred

not for you to prove it IS.

 

anything they produce will also be produced to you well ahead of its involvement in any court hearing

 

TBH: I cant see you going to court at all

the sheriff will most prob throw it out. straight away.

just remember

theres no harm in talking to the sheriff clerk when you put that in to them.

[duckduckgoose]

Really? I didn't know that - wow.

 

Ill get that photocopied and send capquest copy tomorrow and drop another into the sheriffs office and keep one for me.

 

Massive thanks for your help. I was a bit worried before I joined this forum because I didn't have a clue what to do.

[dx100uk]

just remember

its a speculative claim

hoping for a knee jerk action and easy money.

 

DCA's don't care less about any rules

 

 

Kirkcaldy will be VERY familiar with the DCA game

have a chat with the clerk when yo hand it in

dx

[duckduckgoose]

They must waste quite a bit of money in court fees and whatnot if they do this alot and people fight back and win?

[dx100uk]

sadly no

its a numbers game

 

some 800'000 claims across the uk are issued every year

85% go uncontested

its a numbers game.

 

if everyone simply stopped paying DCA/debt buyers tomorrow

the whole industry of debt buying/dca's would collapse overnight.

 

sadly 99% think a DCA is a bailiff

and pay blindly

 

its the biggest sector of the banking industry .

 

dx

[duckduckgoose]

Osshhha... Those are some massive figures! I had no idea it was that big.

[duckduckgoose]

I've sent the capquest docs by recorded delivery and I'm going to drop the court copy off today, what should I say to the clerk when I hand it over?

[dx100uk]

No harm in getting them to check it over for

Then in passing state as its sb'd will I hear anything more?? What's next?

[duckduckgoose]

I put it in last night,

the clerk opened it with another clerk,

had a read

 

 

when I mentioned it was sb"d asked what next

he said that it goes 'to the sheriff who decides if it requires a hearing or not, then you'll hear in due Course'.

 

 

I've just checked royal mail track and trace and Capquest accepted and signed for their copy this morning.

[dx100uk]

well done