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CapQuest/HL Legal have issued me a Claim Form... what do I do?

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  • CapQuest/HL Legal have issued me a Claim Form... what do I do?

    Hi

    I have received a claim form, dated 1st Nov 2013. Unfortunately, I do owe the debt, but for some reason, they have claimed for less than the outstanding balance - £499.99 instead of £690.72. It seems very strange. I have a Capquest letter stating the £690.72 dated 5th Oct.

    It is an account that I had with Shop Direct and I believe they bought the debt off them etc - although various debt collectors have been chasing me since I was in hospital 18 months ago and fell behind with all my payments due to loss of earnings and I had a baby shortly after and so my earnings have dropped way down - not to mention, I have a disabled child and find it difficult with both my husband's wages and care allowance to actually survive as it is. I know I should never have buried my head in the sand

    My concerns are:
    1. I can't pay all this in one go. I actually have 3 other accounts that CapQuest are dealing with - also with Shop Direct (cos I had Littlewoods, Very and Isme) as well as about 5 other debts that debt collectors are chasing me for - all amounting to perhaps £5000 max. I don't open my mail anymore - well, until this came through as it looked very different.
    2. On the particulars of the claim, it reads - 'Part only of monies due under regulated Credit Agreement number XXXXXXXX Between Shop Direct Financial Services Ltd and the Defendent the benfit of which was assigned to the Claimant on 21-Dec-12. The Agreement terminated upon the Defendent(s) failure to comply with the terms of the Agreement.' Then it gives payment info. There is no breakdown - what concerns me, is that they can do it again and claim for more money or interest, it does scare me a bit as why claim for part of the money only?
    3. As this is one debt they hold for Shop Direct, why did they not put them all on one claim form? Will they just keep trying to sue me?
    4. Obviously, I owe the money, but what do I do if I can't pay it back straight away? Or at least very tiny payments? We are behind with household bills and have a council tax liability order already as it is and we are renting and don't own our own house.


    Does anyone know what I should do? I thought they should at least give a breakdown though. I'm sure the credit limit on this one was £550, so where did the £690 come from...? Although, perhaps that question is irrelevant seeing as they only claimed for £499.99.

    Please help me, I know I am running out of time before judgement is entered and nasty bailiffs knock on my door.

    Many Thanks
    Tags: None

  • #2
    Re: CapQuest/HL Legal have issued me a Claim Form... what do I do?

    Hello and to Legal Beagles.

    I'm going to suggest that you tick the "Acknowledgment of Service" box online stating that you intend to defend the claim. This will buy you (and us ) more time to deal with this.

    Can you then post up as much information as possible about the debt. Most important is the date this account was opened (before April 2007?) and how it was opened (online or in store etc).

    I see you have three debts with Capquest and they all seem to be catalogue accounts which are notorious for having legal flaws. Give us the backstory on all of these debts and we'll take it from there

    Comment


    • #3
      Re: CapQuest/HL Legal have issued me a Claim Form... what do I do?

      Most of those catalogue companies didn't ask customers to sign an agreement before sending the goods. Do you recall ever signing one? :confused2:

      You have 14 days from date of service to acknowledge the claim (you are allowed 5 days for service from date of claim) and once you do that, you have a further 14 days to submit your defence. :typing:

      Crapquest seem to be issuing claims like confetti! :mad2:

      You may want to look at this thread which is very similar to your case, as it also relates to Crapquest having bought a debt from Shop Direct: http://www.legalbeagles.info/forums/...gue#post384965

      Bailiffs won't be knocking on your door, even with a CCJ, they are very rarely used for debts of this nature. Furthermore, after obtaining a CCJ, the creditor would have to go back to the court to apply for a warrant of execution before they could send bailiffs. :thumb:

      Comment


      • #4
        Re: CapQuest/HL Legal have issued me a Claim Form... what do I do?

        If you didn't sign any agreement then you can just make a positive assertion about that. Below I'm quoting what PT2537 :yo: has written elsewhere with regards to cases where no agreement was signed:

        2 if there is no agreement then there is no need to go through the subsections of the Consumer Credit Agreement Regulations 1983 citing the prescribed terms are missing etc. Quite simply, if you NEVER signed an agreement ( yes it does happen) then all you need to say is,

        It is denied that a credit agreement was signed by the defendant, accordingly, s61(1)(a) was never complied with and therefore pursuant to s65(1) and s127(3) the agreement is unenforceable and the court shall not make an enforcement order.

        PLEASE NOTE THE ABOVE STATEMENT IS ONLY APPLICABLE WHERE THE AGREEMENT WAS ENTERED INTO PRIOR TO 6TH APRIL 2007

        That is all that would need to say. obviously you would need to pack it out a little, but if you cant do that then you need a solicitor!! cos you are outta your depth. you need to set out the entry into credit, for example if you went into the branch of your bank and they simply asked you " do you want a credit card" and then 3 weeks later it fell through your letter box, then that's what you say.

        Comment


        • #5
          Re: CapQuest/HL Legal have issued me a Claim Form... what do I do?

          Thank you, that seems positive I shall login later and 'tick the box' - with regards to signing anything - I have never done this - I do everything online and never put a pen to paper... I think I took the account out at the beginning of 2011.

          Comment


          • #6
            Re: CapQuest/HL Legal have issued me a Claim Form... what do I do?

            It wasn't prior April 2007 though

            Comment


            • #7
              Re: CapQuest/HL Legal have issued me a Claim Form... what do I do?

              Why would crapquest claim for part of the claim? Is this for them to keep costs down? Or because they didn't want to pay out too much to obtain the CCJ incase they were unlucky?

              The account that they have done this for is an account where the credit limit was £550. My fist missed payment was June 2012 along with all the others debts I have. They have been sending letters chasing it and NDR got involved and then capquest. I don't have all the letters, i think they just got thrown out.

              In my defence if i do this, do I ask for all the agreements etc and claim that the particulars are too vague? Would that be ok to do? Obviously all written up professionally etc.

              Thanks

              Comment

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