Re: Restons/Capquest VS DreamX
Defence Example
Should give you a starting point
Restons/Capquest VS DreamX
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Re: Restons/Capquest VS DreamX
Thanks for all the help guys...
Is there a default defence template I can use to get me started then edit/add the relevant information to my case?
Regards
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Re: Restons/Capquest VS DreamX
Originally posted by DreamX View PostThanks for the quick reply!
Is the part 18 follow up REQUEST in the templates section??
Just a letter, headed CPR 18 request, [Capquest] v [DreamX] Claim no. [XXXXXXXX]
Ask for the documentation again.
You could also ask questions - "What happened....?", "Who did.....?", etc.
But a Part 18 must be used exclusively for those purposes; no other issues should be included in the letter.
It helps if each thing requested is numbered.
Give them a reasonable time to comply......14 days? 28 days?
As always, keep a copy & get proof of posting.
Also...I need to start thinking about putting my defence in this weekend...should I just put it as a basic "failure to comply with cca/cpr request" style defence?
Pretty much, yes.
Regards
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Re: Restons/Capquest VS DreamX
Part 18 requests are quite specific and as such there are no templates but you can google them
Yes use a non disclosure template but modify it and include the areas i suggested
maybe post it up here for a quick proof read
I alway like 1.5 or double spacing , this makes it much easier to read, students have to use it
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Re: Restons/Capquest VS DreamX
Originally posted by charitynjw View PostHi DreamX
It's just their usual stock response to a CPR 31 request.
You could make a Part 18 follow-up request for the same info....give them something to think about!
Is the part 18 follow up REQUEST in the templates section??
Also...I need to start thinking about putting my defence in this weekend...should I just put it as a basic "failure to comply with cca/cpr request" style defence?
Regards
Leave a comment:
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Re: Restons/Capquest VS DreamX
Hi
That is, from what I see a typical Restons response
I am not sure what you asked for in your request but from the POC it should have been the contract and arguably the notice of assignment but they don't actually mention that.
I don't really see much point in responding as you have an outstanding CCA request
However you could use a Part 18 request to ask specific questions such as
On what date was the notice of assignment issued
On what date was the default notice issued
What was the remedy date on the DN
What was the remedy amount on the DN
However that might be better left until you have your defence in
Have you sent a SAR to shop direct? If not it will be money well spent if you do as it will tell you some of the answers to the above questions but who knows Restons will actually know it
Have you posted elsewhere on the forum about the details of the debt? - just helps to give greater background and not duplicate advice given
Your defence is due Monday so you need to get onto that - MCOL does often not work very well over the weekends
I think in order to give a full defence you need to mention some of the things that they will need to prove to win
1) Your S78(1) and it is S78(6) that bars enforcement during non compliance
2) A S87(1) Default notice needs to be served in the correct format - you do not recall receiving one and you request the claimant be put to strict proof a compliant one was correctly served
3) A notice of assignment between shop direct and the claimant should have been served , you do not recall receiving one and the claimant is put to strict proof etc
3) In order to be able to bring a claim the claimant needs to be entitled to , the account needs to have been assigned in accordance with the Law of Property Act and the claimant etc etc
4) The claimant is requested to produce the deed of assignment in order to prove an absolute assignment took place or else the claim should be struck out
It is a load of techno babble and don't ask me what it all means
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Re: Restons/Capquest VS DreamX
Hi DreamX
It's just their usual stock response to a CPR 31 request.
You could make a Part 18 follow-up request for the same info....give them something to think about!
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