well the claim is stayed so don't panic for now.
is this the ONLY payment made
and how did capquest get this out of you?
explain what caused you to make the payment and how you did it please
1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************
2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.
3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.
4.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 these proceedings in the sum of £70.60
- The claimant claims the sum of £953.13
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 denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.
2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.
3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)
4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.
5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.
6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict
a) show how the Defendant has entered into an agreement and;
b) show how the Defendant has reached the amount claimed for and;
c) show the nature of the breach and evidence by way of a Default
Notice pursuant to sec 87(1) of the Consumer Credit Act 1974
d) show how the Claimant has the legal right, either under statute or equity to issue a claim
7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed
8. 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.
I will get this put into the defence section. Thank you again.