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CapQuest/Restons vs. Hawkster

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  • CapQuest/Restons vs. Hawkster

    Received a claim? Yes
    Issue Date: 28th Nov. 2016
    Amount approx: £4555.58
    Claimant: CapQuest
    Solicitor: Restons
    Original Creditor: Littlewoods
    Particulars of Claim:
    "The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Shop Direct dated on or about Jun 23 1994 and assigned to the Claimant on Jun 27 2014
    PARTICULARS a/c no - XXXXXXXXX
    DATE ITEM VALUE
    17/10/2016 Default Balance 4555.58
    Post Refrl Cr NIL
    TOTAL 4555.58"
    Is the debt Statute Barred? No
    List any letters you have sent: I am about to acknowledge the claim online, and then send CCA Request and CPR (in which I just ask for the "contract" - correct?)
    Any Other Info:

    Here is a timeline of what happened with this debt:

    February 27th 2009 - Told Littlewoods I could only afford token payments of £6 per month.
    They refused to accept this during every phone call I made asking for charges not to be applied while I could only afford token payments.


    March 2009 - Started paying £6 every month.


    Littlewoods then added a charge of £12 every month, making the balance constantly rise,
    while refusing point-blank to accept the payment plan and freeze charges.
    This monthly charge was applied for 63 months, totalling £720.


    June 2014 - CapQuest wrote to tell me they had acquired the account.


    July 13th 2014 - Stopped standing order to Littlewoods until successfully switched over to CapQuest.


    September 14th 2014 - Wrote to CapQuest, requesting credit agreement and statement of account.


    October 11th 2014 - CapQuest sent statement of account, but no credit agreement.
    Then total silence until two years later.


    October 13th 2016 - CapQuest wrote to tell me Restons would be handling the account.


    Restons then sent a couple of letters asking me to send a budget and start a payment plan,
    which I ignored, and then the County Court Claim Form was sent on Nov. 28th 2016 and received today (30th Nov 2016).
    --------------

    I really don't think the years of monthly £12 charges are fair. Should CapQuest be able to pursue the debt in court, I would really like to admit to only part of the claim and see if it's possible that I would not have to pay the £720 they add up to. But if that means actually going to a court hearing, I'd rather just pay it than attend a court hearing...

    Thank you for any advice or pointers, otherwise I shall just wait a while for answers to my letters and come back later in the 28 day period.
    Tags: None

  • #2
    Re: CapQuest/Restons vs. Hawkster

    Hit a snag already! What do I put here, under the "intention" section...?
    Attached Files

    Comment


    • #3
      Re: CapQuest/Restons vs. Hawkster

      If it were me, I'd tick defend in full for the time being.
      It allows a bit of breathing space to collect data & examine options.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: CapQuest/Restons vs. Hawkster

        Thanks, so in other words, this is just an idea of my intentions rather than a binding statement at this point...?

        Comment


        • #5
          Re: CapQuest/Restons vs. Hawkster

          Originally posted by Hawkster View Post
          Thanks, so in other words, this is just an idea of my intentions rather than a binding statement at this point...?
          Yep.
          You can change your mind later.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: CapQuest/Restons vs. Hawkster

            2nd December - CCA and CPR request letters sent.

            9th December - Received attached letter.

            Just continue to wait, right?
            Attached Files

            Comment


            • #7
              Re: CapQuest/Restons vs. Hawkster

              That would appear to be confirmation of receipt of your CCA request.
              & confirmation that they (Capq) didn't have sight of any proper documentation before they initiated a court claim.
              Have you sent a CPR 31.14 request to the solicitors?
              If yes, did you ask for the contract & Notice of Assignment?

              If it were me I would SAR the original lender (I think Littlewoods 'became' Shop Direct Finance Ltd in 2009).
              They may have a problem finding such an old contract.
              If so, the Claimant could also have problems.
              http://legalbeagles.info/forums/show...ur-information
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: CapQuest/Restons vs. Hawkster


                Yes, I sent the CPR 31.14 to the solicitors on Dec. 2nd, the same day as I sent the CCA request to CapQuest.

                I asked for the "Contract", as that is what is mentioned in the "Particulars of Claim" on the court document... Was that correct?

                I changed my name by deed poll in approximately 2004. Of course, I informed Littlewoods at the time and all mail concerning this debt since then has been correctly addressed to my new and current name.
                I notice that if I SAR Shop Direct, I need to add my previous name.
                This could potentially help them find their way to the original contract when they may otherwise have not... However, I'm sure the court will ask for old names and could/would do this anyway...?
                So would you still advise doing the SAR?

                Thank you!

                Comment


                • #9
                  Re: CapQuest/Restons vs. Hawkster


                  Also, I received another CapQuest reply today (12/12/2016):
                  Attached Files

                  Comment


                  • #10
                    Re: CapQuest/Restons vs. Hawkster

                    Sit back and wait.

                    Comment


                    • #11
                      Re: CapQuest/Restons vs. Hawkster

                      So... don't bother with the SAR...?

                      Comment


                      • #12
                        Re: CapQuest/Restons vs. Hawkster

                        I need to answer my court claim by Dec. 30th and I don't really understand enough about making my defence. Is there some reading to do now, before I get into Christmas celebrations and need to spend hours researching and understanding, right in the middle of Christmas and New Year...? I keep really panicking that I'm going to forget with everything else going on...

                        I've seen the sample defences, but can't find clarification about what to put in, or more reading in general. Presumably I only use the sentences that are absolutely true, rather than grey "could they prove that" areas"..? (Like telling you they've assigned management of the debt to the Claimant, for example - it says that you didn't receive it, not that they didn't do it, which made me wonder....)

                        Sometimes I wonder if I should even be making a defence when I know I owe the money. Then I remember how unfair they've been about negotiations and charges and swing the other way... *sigh*

                        Still nothing from Restons and no more from CapQuest. My letters were sent to them on the 2nd. Do the days quoted (the amount of the days they have to respond within) include weekends or not...?
                        Last edited by Hawkster; 17th December 2016, 14:55:PM.

                        Comment


                        • #13
                          Re: CapQuest/Restons vs. Hawkster


                          Reply from Restons, received today (Dec. 17th 2016).
                          I have also attached a scan of the Particulars.
                          (My CPR request stated only "Contract" as directed by this site.)
                          Thank you for advice about what to do next...!
                          Attached Files

                          Comment


                          • #14
                            Re: CapQuest/Restons vs. Hawkster

                            Originally posted by Hawkster View Post
                            So... don't bother with the SAR...?
                            Yes to SAR per post #7

                            Originally posted by Hawkster View Post

                            Reply from Restons, received today (Dec. 17th 2016).
                            I have also attached a scan of the Particulars.
                            (My CPR request stated only "Contract" as directed by this site.)

                            If yes, did you ask for the contract & Notice of Assignment?

                            Also post #7
                            Thank you for advice about what to do next...!
                            ####
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: CapQuest/Restons vs. Hawkster


                              Thank you! I will get the SAR done to send to Shop Direct on Tuesday.

                              Does this mean I simply ignore this letter of today from Restons for now...?

                              Comment

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