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London1971

Capquest Shop Direct Agreement

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does the sar have an agreement copy..


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does it match what they sent inc the exact same T&C's and type faces


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yea so its a gamble what they do.

yes the claim is against SD but they rarely cough up.


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So, what's the best thing to do? Just leave it? I haven't heard anything from Capquest for 8 months or so, the debt becomes SB'd in Sept 2019. If they do issue a claimform I don't really have a defence.

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what about lumped on buy no pay later interest

I cant believe for one minute

[going by the numerous claimform threads in the financial legal forum]

that the balance is not also seriously inflated with BNPL interest.


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should be any need

should be obv on the statements before they sold the debt on


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I will take a look at that later, but from what I can see from threads on here, if you want money back from SD you need to be prepared to take them to court! Not sure if it's worth it for a few hundred quid.

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So I see an extra big interest charge of £53.97, close to when they sold the debt on. Would that be what I am looking for?

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sounds about right

it all depends on what goods you ordered and if they were BNPL

but that looks right.

I wouldn't bother doing anything with the info.

but its ammo against capquest if you get a letter of claim


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Great stuff , all filed away, and will come back on here when/ if a letter of claim arrives

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Hi All,

 

This account with Capquest` is now coming up to the 6th anniversary of my final payment on the 28th February but the actual default date is listed as 28th August. I know from reading these threads it's peak Claimform danger time but if they do decide to chance their arm before the end of August, would I be OK with a statute barred defence?

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The SB date is 6 years from last date of payment or written ack. Have they sent a PaP letter yet, because they need to do that and allow at least 30 days after sending it before they start court proceedings.

 

August has nothing to do with it being SB


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recent court ruling and PRA won was enforcement date runs from Default date????

 

The Court of Appeals view is the DN is part of the cause of action, without it there can be no claim. The service of a DN opens the door for a time order, it also means stat duties like s77A and s86C still apply, so non compliance can lead to move issues. plus there's s140A to challenge them with maybe?

Edited by Old Cogger

:mad2::-x:jaw::sad:

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The only written correspondence I have sent them is a CCA request a while back which they fulfilled, and when I informed them on my change of Address.

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recent court ruling and PRA won was enforcement date runs from Default date????

 

The Court of Appeals view is the DN is part of the cause of action, without it there can be no claim. The service of a DN opens the door for a time order, it also means stat duties like s77A and s86C still apply, so non compliance can lead to move issues. plus there's s140A to challenge them with maybe?

 

For that case. Not an overriding ruling for everything. It all depends on the agreement and actual account. Fixed loans etc would be when the loan was called in. For a catalogue, it has no bearing. Its the payment or written ack date. Or 14 days after a DN was issued. NOT when the default itself was registered.


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I will hang tight on this and wait to see if anything more comes through on this, and will come back for advice. I certainly don't want to risk a CCJ on this, as I am hoping to remortgage in a couple of years, when all the Brexit dust settles.

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Right,

 

I've finally started receiving texts and calls from Capquest, after 18 months of radio silence.

 

Last payment was on Feb 28th 2013,

 

Default was on Aug 28th 2013.

 

Should I send them the SB letter now, or wait until they send a PAP letter?

 

Thanks

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well arrows have been seen to be smart with at supposed appeal court ruling that sb is 14 days after dn date yet, but anyway who knows if the oc issued the dn correctly at the right date anyway.

 

pers i'd let it run.

 


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Sounds like a good plan, 

 

And a fair chance that they will leave it too late anyway

 

 

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Right, I had a look through my SAR sent by the Original Creditor.  A section 87 default notice was sent out on 15th July 2013.  Would 15th July 2019 be a reasonable bet for the SB date?

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