Restons/Capquest VS DreamX

[DreamX]

Received a claim? Yes
Issue Date: 02/05/2017
Amount approx: £3500
Claimant: Capquest
Solicitor: Restons
Original Creditor: Shop Direct
Particulars of Claim: Please type out in full excluding names/account numbers: The claimant claims payment of the overdue balance from the defendant under a contrat between the defendant and shop direct dated on or about Dec 16 2011 and assigned to the claimant on May 23 2014 - Particulars a/c no ******** Date 20/03/2017 default balance - value 3535.95 - Post Refrl Cr - NIL - TOTAL 3535.95
Is the debt Statute Barred? No
List any letters you have sent: CCA and CPR
Any Other Info:

Hi guys! Hope you are all well!

I'm just after some advice on the above claim if you don't mind...I have followed the advice from the forums so far and acknowledged the claim - Sent the CCA and the CPR. I've just come back from holiday and this is the response I've had from Restons... If you could take a look at the attached file and advise me the best steps to respond to this?

Regards

[MIKE770]

Re: Restons/Capquest VS DreamX

Is there anybody out there?!

Scientist think there might be Alians out there

[warwick65]

Re: Restons/Capquest VS DreamX

Only the truth!


"Seriously probably not a great deal

How long has it been stayed for?
[MENTION=87380]Diana M[/MENTION] any thoughts?

[DreamX]

Re: Restons/Capquest VS DreamX

Is there anybody out there?!

[DreamX]

Re: Restons/Capquest VS DreamX

OK so a number of months have passed now and I still haven't heard anything... What is my next line of action?

Thanks

[charitynjw]

Re: Restons/Capquest VS DreamX

If it were me I'd phone the court to check, as [MENTION=98117]warwick65[/MENTION] suggested above.

Belt & braces.......

[DreamX]

Re: Restons/Capquest VS DreamX

Once Restons have received your defence they have 28 days to decide if they wish to proceed or if the claim should become stayed. It would appear that this claim is stayed - if you want to double check give the court a call ( but not restons )

Have you received any of the documents you have requested, either from Restons or Capquest?

I must admit, considering the age of the account I am somewhat surprised they have not at least had a go at sending a recon of the agreement.

If the claim is stayed, Restons will need to apply to lift the stay but that is usually just a tick box exercise and they will proceed. I would wait a while,(maybe until after xmas) see if they provide any documents and then review your options.

Obviously if they do send anything or lift the stay , there will be someone willing to help

Hi again,

Sorry for the slow reply...yes, restons did actually send me a copy of the agreement but that's all I have received to date.

I'll just leave it until christmas then.

Thanks

[MIKE770]

Re: Restons/Capquest VS DreamX

restons always send that template letter to try and unsettle you, up to them now

[warwick65]

Re: Restons/Capquest VS DreamX

Once Restons have received your defence they have 28 days to decide if they wish to proceed or if the claim should become stayed. It would appear that this claim is stayed - if you want to double check give the court a call ( but not restons )

Have you received any of the documents you have requested, either from Restons or Capquest?

I must admit, considering the age of the account I am somewhat surprised they have not at least had a go at sending a recon of the agreement.

If the claim is stayed, Restons will need to apply to lift the stay but that is usually just a tick box exercise and they will proceed. I would wait a while,(maybe until after xmas) see if they provide any documents and then review your options.

Obviously if they do send anything or lift the stay , there will be someone willing to help

[DreamX]

Re: Restons/Capquest VS DreamX

Hi again guys,

Bit of an update on this one...after submitting my defence I received a letter from restons basically saying that my defence would not stand up etc etc and that I should admit. That was back in June and I've not heard anything since? I've logged into the moneyclaim online service and it simply says:

*Your defence was submitted on 05/06/2017 at 08:01:55
* Your defence was received on 05/06/2017 at 12:01:54

There is nothing further after this? I was under the impression there was a time limit for submitting a defence? What steps should I take next?

Thanks

[charitynjw]

Re: Restons/Capquest VS DreamX

It is denied that the Claimant is entitled to the relief as claimed or at all.

Tack that on the end, just above the statement of truth. (Numbered appropriately)

[warwick65]

Re: Restons/Capquest VS DreamX

Hi
Yes I think so, the template is just that - a guide.

You need to be very careful about making a statement of truth that the enemy could disprove, that might be a letter you have written or something else.

My defence acknowledged I had previous dealings with the credit card company but was unable to identify the details from the particulars

[DreamX]

Re: Restons/Capquest VS DreamX

Hi
A couple of points - you are denying you ever had a shop direct account, is that true?
Remember you are signing a statement of truth so telling porkies is not a good idea. Not remembering is very different from saying categorically you didn't.

I don't see any harm in admitting you had , in the past some financial dealings with shop direct but you can not recal the exact details - I certainly can't remember all the details of my credit agreement

Where you say about assignment you need to be putting them to prof that they have the right under statute ( i think is the phrase) to bring a claim and request disclosure of the deed of assignment to prove their rights
@charitynjw - you are better than me at picking up details - any thoughts?

Hey...thanks for the quick reply...

That was just the wording of the defence template I pulled from here...would it sound better as "the Defendant is unable to identify such an account within his own records."

Thanks

[warwick65]

Re: Restons/Capquest VS DreamX

Hi
A couple of points - you are denying you ever had a shop direct account, is that true?
Remember you are signing a statement of truth so telling porkies is not a good idea. Not remembering is very different from saying categorically you didn't.

I don't see any harm in admitting you had , in the past some financial dealings with shop direct but you can not recal the exact details - I certainly can't remember all the details of my credit agreement

Where you say about assignment you need to be putting them to prof that they have the right under statute ( i think is the phrase) to bring a claim and request disclosure of the deed of assignment to prove their rights
[MENTION=5553]charitynjw[/MENTION] - you are better than me at picking up details - any thoughts?

[DreamX]

Re: Restons/Capquest VS DreamX

Hi again guys...

I'm going to try and file my defence tonight so I'd be grateful if you guys could take a quick look...it's short and sweet hopefully!

Thanks in advance!!

-------------------------------------------------------------------------------------

1: I received the claim D******** from the Northampton County Court
on 05/05/2017


2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.


3: This claim appears to be for a Catalogue Account agreement
regulated under the Consumer Credit Act 1974.


4: It is denied that the Defendant has previously entered into an
agreement/agreements with Shop Direct for provision of credit.


5: The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.


6. The particulars of claim fail to accurately state when the
agreement was entered into.


7. The Claimants statement of case states that the account was
assigned from Shop Direct to Capquest Investments Limited on
23/05/2014. The Defendant does not recall receiving notice of this
assignment.


8. It is denied that Shop Direct served any Default notice on the
Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant
is required to prove that a compliant Default Notice was served
upon the Defendant.


9: On the 16/05/2017 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Restons Solicitors. I requested the Claimant provide
copies of the Contract and Notice of Assignment.


10. Restons Solicitors has not sent any of these documents to me.


11. On the 16/05/2017 I sent a formal request for a copy of the
original agreement to Capquest pursuant to section 78 of the
Consumer Credit Act 1974 along with the statutory £1 fee.


12. The Claimant has failed to comply with s78 (1) Consumer Credit
Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot
enforce the agreement.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a
money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore It is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.


14. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.


15. In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.


Statement of Truth


The Defendant believes that the facts stated in this Defence are
true.






Signed …………………………………………


Dated .................................................. ....