Restons Solicitor CCJ on behalf of capquest - Please help

[WorriedMan1991]

Hi there, where to start.

I have today recieved a letter from restons solicitors asking for my earnings and expenses breakdown, I dont know what to do. They are asking me for £3000 from a historic shop direct account

What should i do?

Please help

[Amethyst]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

How historic is it ? ( When was the account opened ? and when did you last make any payment towards the debt? )

Are Restons acting for Capquest ? Have you ever received a letter from Shop Direct telling you the debt has been assigned to the Debt Collection firm ?

Are Restons saying if you don't make an arrangement to pay they will consider court action ?

[WorriedMan1991]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

Hey, thanks for the reply. The account is around 4 years old, i dont remember ever receiving a letter saying restons now had the debt. The letter just requests a breakdown of what my outgoings are. It says they have obtained it fro the court

[Amethyst]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

Ohhhh okay, so you already have a County court judgment against you and this is likely an attachment of earnings / statement of means form ? Is there a form number on the form ? ( normally top left or right ) N56 ? ( this one - https://formfinder.hmctsformfinder.j...k/n056-eng.pdf )

Do you recall receiving any court papers about this claim previously ?

[WorriedMan1991]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

nope, dont recall any letters previously. Whats my next move? Im terrified

[Amethyst]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

Need to know what the letter is exactly ... can you take a picture of it and email it to me ( admin@legalbeagles.info ) or redact your personal information and post it up on here. Or type out the main wording of the letter & top of the form.

[WorriedMan1991]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

well, not knwoing what it was i shredded it (very unwise i know) but it was an attatchment of earnings

[WorriedMan1991]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

I appreciate im not being particularly helpful but im absolutely terrfiied

[Amethyst]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

Oh dear. Do you think you might have shredded the court claim too ? and the letter that came with the form from Restons ? DOn't suppose you made a note of the claim reference ?

Okay don't worry, it's fixable, it's obviously stressing you out so you need to do stuff now to make sure it doesn't go any further.

Firstly, did you have a shop Direct account with a debt on of around £2.5k/ £3k that you stopped paying around 4 years ago?

Are you employed ?

Do you own your own house ?

You should check on your credit file ( via something free like Noddle ) or search the register on trustonline.org.uk ( costs a few pounds ) to get the details of the judgment. Then you can call the court ( likely Northampton County Court Business Centre ) and ask them for details of the claim and judgment.

And really, don't be stressing so much - you know about it now so just have to sort out either having the judgment set aside as you didn't receive it, or organising a payment arrangement.

[WorriedMan1991]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

Yes i beleive i probably did

Yes i am emplyed but i already have a enforced 100 pounds coming out of my wages every month due t to a dispute with a former emplyer. No i currently rent a council house

[Amethyst]

Re: Restons Solicitor CCJ on behalf of capquest - Please help

Okay - there is little they can do if you follow process from here on in, so you need to either complete the Attachment of Earnings Form ( you could complete this one https://formfinder.hmctsformfinder.j...k/n056-eng.pdf but you would need to contact Restons or the Court to get the claim number and other details ) or contact Restons to come to a payment arrangement without having the attachment of earnings. If you come to an arrangement with Restons you could ask for a suspended AoE order on that form, so Restons have security of some sort if you did default on any arrangement made.

Alternatively you could apply to set aside the judgment so you can either Defend the claim, or settle the claim at that point. This would cost up front £255 ( although if your income is low you may be eligible for a fee reduction ) and may require a hearing, plus there is a risk of costs being added to the claim if your request to set aside was refused - I'm not sure on your chances as you likely received the claim and shredded it, and can't really show good reason for not having responded at the time.

Do you have any idea when the Shop direct Account was first opened ? and which catalogue it was ?

If you struggle with the paperwork it may be worth trying to get an appointment with Citizens Advice Bureau to get some help filling it all in.

( and stop shredding important stuff or you'll end up in more of these pickles ! )