Letter from Shoosmiths re Capquest over £4.5k debt

[charitynjw]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

I have done this for my letter from shoosmiths but they have replied...We refer to the above matter and your letter dated 4th Nov. We have issued your £1.00 cheque (it was a postal order) and requested a copy of the signed Consumer credit agreement as per your request.
Once upon receipt of this document, we shall issue this to you. Please not that our client is under no obligation to provide you with this within 12 working days.
Please not that our client remains keep to set up a payment arrangement with you that is both suitable and affordable for you to maintain. You may wish to contact us on 03700868120 to discuss the matter.
If you need to seek advce, there are a number of agencies listed on the next page of this letter. Organisations such as Citizens Advice Bureau and Step change debt charity can offer services that should not incur any expense.

Yours faithfully.,.

I am not sure how to proceed with this.

Can any one suggest?

Hi ellierob & welcome to LB.

It's probably best to have your own thread; even if your case is similar to Snackajack's, it does cause confusion replying to 2 people on the same thread.
I'm sure our [MENTION=49370]Kati[/MENTION] can assist if you want.
But re your query....did you send your CCA request to Shoosmith's client (whoever that may be in your particular case), or that Shoosmiths should forward it on to them?
& did you clarify that the £1 payment was for the statutory fee per the Consumer Credit Act.

[ellierob]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

Thank you for the reply. I did start my own thread and there is no replies to that. hence posting on here. Thank you and I will message [MENTION=49370]Kati[/MENTION] and see if they may be able to give any information. In answer to your question. This is the letter that I sent.
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.


1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.


I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.


I understand a copy of our credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


I look forward to hearing from you.

[nemesis45]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

Thank you for the reply. I did start my own thread and there is no replies to that. hence posting on here. Thank you and I will message @Kati and see if they may be able to give any information. In answer to your question. This is the letter that I sent.
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.


1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.


I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.


I understand a copy of our credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


I look forward to hearing from you.

You wont get the Deed, what you should request is the notice of assignment via CPR31.14.



A CCA request is specific for a copy of the agreement and a current statement of the account no an historical one.

Whatever has been said re the 12 + 2 Working Days timescale the debt is rendered unenforceable until the a agreement or a compliant reconstituted one is supplied.
nem

[ellierob]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

You wont get the Deed, what you should request is the notice of assignment via CPR31.14.



A CCA request is specific for a copy of the agreement and a current statement of the account no an historical one.

Whatever has been said re the 12 + 2 Working Days timescale the debt is rendered unenforceable until the a agreement or a compliant reconstituted one is supplied.
nem

Can you tell me if there is a template letter for that.. If not, should i send another letter to them requesting this? Thank you for your reply

[ellierob]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

I have now received a letter from capquest who instructed shoosmiths and they are saying :

You've recently raised a query on your account. We've placed your account on hold for 28 days and contacted shop direct finance for further information.
We'll let you know when we've received a response from Shop Direct Finance Company. If we have't had a response by 27th Dec 2016 we'll write to you to provide an update.

Not sure what to do now. Any advice greatly appreciated.

Thanks

[nemesis45]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

I have now received a letter from capquest who instructed shoosmiths and they are saying :

You've recently raised a query on your account. We've placed your account on hold for 28 days and contacted shop direct finance for further information.
We'll let you know when we've received a response from Shop Direct Finance Company. If we have't had a response by 27th Dec 2016 we'll write to you to provide an update.

Not sure what to do now. Any advice greatly appreciated.

Thanks

The claimants " on hold " means nothing in terms of the court processes so make sure you respond to any court payments you may receive.

nem

[ellierob]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

Thank you for the reply. I am not really wanting it to go to court. I was wanting them to provide all the paperwork and then if they can prove that this is my debt then I would make a payment proposal. Can you tell me am I going about this the correct way? I am not sure if I need to reply to this letter to Capquest or to Shoosmith.

If you can let me know if bog standard language. Thanks

[Diana M]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

I have now received a letter from capquest who instructed shoosmiths and they are saying :

You've recently raised a query on your account. We've placed your account on hold for 28 days and contacted shop direct finance for further information.
We'll let you know when we've received a response from Shop Direct Finance Company. If we have't had a response by 27th Dec 2016 we'll write to you to provide an update.

Not sure what to do now.

You don't yet have a claim issued against you so no need to worry about court stuff.

Capquest has put your account on hold while they try to comply with your CCA Request. They say they will write to you again in 28 days with an update.

They dont say say whether they have told Shoosmiths solicitors the same, so why not send a copy of that letter to them (Shoosmiths) with a one-liner which says "please note that your client has placed the account on hold while they attempt to comply with my s.77-79 CCA Request".

No need to reply to Capquest's letter.

There's nothing else for you to do except keep your fingers crossed that the agreement either can't be found, doesn't exist, or is flawed in some way if they do produce one.

Di

[ellierob]

Re: Letter from Shoosmiths re Capquest over £4.5k debt

I received a letter from shoosmiths with a typed Full name not a handwritten name they are saying was my credit agreement aknowledgment. I didnt reply and now i have a court claim just handed to me by two sheriff officers.
Called a simpre procedure timetable, I am in scotland not sure if that changes anything. Not sure what to do now.

Thanks for any advice/

- - - Updated - - -

Just to confirm the debt is just under £900