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    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

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    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
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    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Restons / Capquest Shop Direct Claim

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  • #61
    Re: Restons / Capquest Shop Direct Claim

    Hi syrta

    Did you ever respond to the FCA's invitation to follow up your concerns re authorization?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #62
      Re: Restons / Capquest Shop Direct Claim

      Okay cool, tbh I really would leave it, if it was corrected it would have exactly the same effect on the credit rating as it is now, you could, once the court claim is concluded, ask the claimant (creditor) to correct the data reported to the CRA's to remove the court fees ( if that's why it has gone up) - but even if you win the claim against you the actual debt data will still stay on the file until the 6 years from the Default marker.

      So now you just give court a call around 14/15th if you haven't heard anything back re your defence.
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      • #63
        Re: Restons / Capquest Shop Direct Claim

        Originally posted by charitynjw View Post
        Hi syrta

        Did you ever respond to the FCA's invitation to follow up your concerns re authorization?
        Not yet, was waiting to see what happened with this claim and also did a FOI request to the FCA so was waiting on their response.

        The FCA replied that regardless of any buy out or takeover Capquest Investments Limited cannot use any license issued to Arrow Global Limited as Capquest are NOT an Appointed Rep of Arrow Global Limited (AGL do not have any appointed representatives), if any company has interim permission (not in this case) then they are not allowed an appointed rep. Capquest Investments Limited do not hold an active FCA licence, Capquest debt recovery do not have Capquest Investments Ltd as an AR.

        While I appreciate what has been said previously re the fca, capquest etc not having a bearing on this claim (i think the claim is going to be stayed and we have much stronger arguments we are relying on) I am going to reply to the FCA and bring up my concerns, if nothing else it might get the FCA to force them to register.
        Last edited by sytra; 15th March 2017, 03:49:AM.

        Comment


        • #64
          Re: Restons / Capquest Shop Direct Claim

          Originally posted by Amethyst View Post
          Okay cool, tbh I really would leave it,

          So now you just give court a call around 14/15th if you haven't heard anything back re your defence.
          Thanks [MENTION=6]Amethyst[/MENTION] the Mrs is going to leave it alone, she was just annoyed that they have added the fees before they had even won them.

          Comment


          • #65
            Re: Restons / Capquest Shop Direct Claim

            [MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]
            Thanks for your advice, as of 4pm yesterday the courts nor my wife had heard anything from the claimants, by my reckoning the 15th was the 33 days (defence submitted and received on 10th feb) they were allowed to respond so looking as though claim will be stayed (while we would rather it was finished with, stayed is the next best thing).

            Would it be best to call the court again to find out if it is stayed?

            Will the court stay the claim automatically after the cut off date or will it take a few days to get through the system?

            If it has to go through the system and the claimant files anything before it is stayed will their response be accepted?

            Thanks

            Comment


            • #66
              Re: Restons / Capquest Shop Direct Claim

              need to give court a few days to catch up on any paperwork, then ring!

              Comment


              • #67
                Re: Restons / Capquest Shop Direct Claim

                As [MENTION=3599]MIKE770[/MENTION] says, give it a few days.
                If it were me, I'd probably phone on Monday for an update.
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #68
                  Re: Restons / Capquest Shop Direct Claim

                  Originally posted by charitynjw View Post
                  As [MENTION=3599]MIKE770[/MENTION] says, give it a few days.
                  If it were me, I'd probably phone on Monday for an update.
                  Ahhh We called this morning before I saw this post but no matter the claim has been stayed.... thanks everyone.

                  Comment


                  • #69
                    Re: Restons / Capquest Shop Direct Claim

                    Well. a blast from the past!!! The Mrs just received a letter from Capquest saying she never responded to their letter dated earlier in Nov (no letter was received) and they have included an income / expenses sheet, now thats very kind of them. However, they also say they will commence litigation in 14 days if the form and response is not received.

                    Now, I have told the Mrs not to worry as this is for the exact same account as the claim on hold in court since earlier this year, I have told her not to respond to them in anyway shape or form but If they should try litigation should we inform them of the case on hold?

                    Comment


                    • #70
                      Re: Restons / Capquest Shop Direct Claim

                      Originally posted by sytra View Post
                      The Mrs just received a letter from Capquest saying she never responded to their letter dated earlier in Nov (no letter was received) and they have included an income / expenses sheet, now thats very kind of them. However, they also say they will commence litigation in 14 days if the form and response is not received.

                      Now, I have told the Mrs not to worry as this is for the exact same account as the claim on hold in court since earlier this year, I have told her not to respond to them in anyway shape or form but If they should try litigation should we inform them of the case on hold?
                      I think the exact wording of the letter will be important.

                      Was there any mention of making an Application to strike out your Defence or did they ask you to withdraw your Defence etc?

                      The claim has been stayed since March. If they want to continue with the proceedings then they can apply to the court to lift the stay which is unlikely to be refused.

                      You don't know what was in the letter which they say they sent earlier in the month so it's hard to guess the importance of it. Maybe they sent further documentation? Perhaps that letter got lost in the post.

                      Di
                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                      This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #71
                        Re: Restons / Capquest Shop Direct Claim

                        Hi Diana M,
                        reading the letter they just sent it sounds as though they have no idea of the previous claim, we have checked with the court and the claim is still stayed the last paperwork they received was our defence. I have copied the letter below, there is no mention of the previous claim ref:

                        We write further to the above matter.

                        Our records indicate that we are not yet in receipt of a response to our letter dated xx/11/2017.

                        We wish to reiterate that it is always our preference to seek settlement of such matters without the need for either party to incur the time or costs of litigation.

                        We can confirm we may be able to offer a discount off the total balance if this will facilitate settlement. If this is not an option, we may be able to consider payments by installments. Please note any settlement or payment arrangement agreed will be considered in line with your current financial circumstances.

                        Accordingly, please contact our office at your earliest convenience with any proposals for settlement you wish to submit. please complete and return the enclosed financial statement along with your proposals for settlement.

                        Should we not hear from you within 14 days of the date of this letter, we may consider proceeding with litigation against you, this is something we want to avoid if at all possible.

                        Comment

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