Capquest Shop Direct Agreement

[dx100uk]

issuance of claimform halts the sb clock from ticking

[AndyOrch]

4 hours ago, London1971 said:

So being pessimistic and if I receive a PAP this week in the post, giving me 30 days, and after that a Claim Form giving me 33 days that would take me past the 29th July.  Have they left it too late?

 

If a claim is issued anytime from August ...yes

 

Andy

[London1971]

Thanks Andy

 

I don't really have any defence on this, unless it becomes statute barred, as the CCA all looks compliant. If a PAP letter comes through would I be crazy to try and negotiate a settlement with Capquest?

 

 

[AndyOrch]

Is everything else in order....?  Default Notice...balance claimed ?

[London1971]

I calculated all the charges from the SAR from the OC, and ran it through the interest calculator, turns out there is a few hundred to potentially be reclaimed. Wouldn't that be for me to claim from the OC?

 

Also,  the SAR says that the DN was sent out on 15/7/13.  However Capquest have not provided that as part of any request? Is that something that they need to do?

 

Otherwise, even if I have to pay the full amount it's not really a problem for me anymore, and a small price to prevent a brand new CCJ ruining my chance of remortgaging in the next 18 months.

[AndyOrch]

The DN plays an important part of any intended claim.....but did you receive one ? not whether Capquest can provide one...a DCA can barley provide anything.

should a claim be issued you put the claimant to strict proof submit a defence and test they have all the necessary documents...and still pay the amount demanded by request date and avoid a CCJ if they can disclose all the nessessary...dont jump in too early.

[London1971]

Thanks, that makes a lot of sense, I will sit tight and wait to see if anything comes through.

[London1971]

I've not had any further correspondence from Capquest, so fingers crossed it's almost gone statute barred. The SAR from the OC  (Shop Direct) says that the Section 87 DN was sent to me on 15/7/2013,

 

However on my  Equifax  file the default date is listed as 27/8/2013 from Capquest.  Isn't the default date supposed to be 14 days after the notice is sent?  Rather than the 6 weeks that Capquest seem to be suggesting.

[dx100uk]

capquest would have inherited the defaulted date from SD when they registered it on cra files.

[AndyOrch]

7 minutes ago, London1971 said:

I've not had any further correspondence from Capquest, so fingers crossed it's almost gone statute barred. The SAR from the OC  (Shop Direct) says that the Section 87 DN was sent to me on 15/7/2013,

 

However on my  Equifax  file the default date is listed as 27/8/2013 from Capquest.  Isn't the default date supposed to be 14 days after the notice is sent?  Rather than the 6 weeks that Capquest seem to be suggesting.

 

Supposedly...in a perfect world.....there is a little leniency applied ....but creditors dont alway register it from the exact expired prescribed time allowed. 

[London1971]

@DX100uk   It's a tick online agreement, I received from my CCA from Capquest a couple of years back

 

@Andyorch Thanks for that, I'm going to keep with August 1st as the SB date then,

 

Hopefully it will all pass uneventfully anyway.

[London1971]

This will be Statute Barred on Wednesday. The SAR from Shop Direct says last payment 25/02/13,  Default Notice (S87) was sent out 15/07/13.  I have the SAR to prove that no payment has been made during the course of the last 6 years, the sold balance from SD is exactly the same as Capquest's balance today.

 

I'm still receiving a couple of calls per week from Capquest but should I bother sending the Statute Barred letter now, or just let it run and only send it if I receive a PAP.

 

Thanks in advance.

[dx100uk]

pers i'd await the pap LOC

 

yes

[London1971]

Right, that's what I'll do, and hopefully this will be the last you hear of this one:) 

 

Thanks very much.