CapQuest/Restons vs. Hawkster

[charitynjw]

Re: CapQuest/Restons vs. Hawkster

I can't really answer that as the attached letter doesn't 'open'.

[Diana M]

Re: CapQuest/Restons vs. Hawkster

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

Yes

They seem to think you should have kept the Ts & Cs which you may/may not have been sent in 1994 so they don't have to provide them. They're wrong of course.

Di

[charitynjw]

Re: CapQuest/Restons vs. Hawkster

Yes

They seem to think you should have kept the Ts & Cs which you may/may not have been sent in 1994 so they don't have to provide them. They're wrong of course.

Di

Lol!

Not just good foresight, but good eyesight as well!

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Thanx, folks!

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

OK, I think I need to put in my defence in the next couple of days..? (Registered my intent to defend on Nov. 30th).

However, as I mentioned in #12, I don't have much of a clue where to start... Any guidance available please?

[MIKE770]

Re: CapQuest/Restons vs. Hawkster

Defence Example

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Defence Example

Hi Mike. Like I said, I viewed the examples, but had questions/worries as mentioned in post #12.

My main question is about admitting to the debt in my defence or not.
Number 4 reads:

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

Can I admit that I did enter the agreement and still put in a full defence...?
Or would admitting it mean that it CAN be enforced...?
Or would it mean that I am part-defending the case...?

I don't understand. What is the difference between part defence and full defence?

[Hawkster]

Re: CapQuest/Restons vs. Hawkster



Today (28th Dec) I received the attached letter from CapQuest.

Do I still go ahead and file my defence? Are they trying to make me think I don't need to do that, so that it would go to a default judgement if I don't...?

Anyway, I also notice that they have added the court fees,etc. to the amount I owe! I take it they can't do that when they should have checked that they had everything before bothering the court...?

Please let me know if I still need to put a defence together and get it through by tomorrow or the next day. (Not sure if I have the 30th as a day, or if I need to do it before the 30th...)

[Amethyst]

Re: CapQuest/Restons vs. Hawkster

Yes proceed with submitting your defence to the court. There's no reason to wait for the 30th, just put it in today via either MCOL or email to the court. Keep a hold of that letter for later use.

Yes they can add court fees now it is at court, but as they can't enforce the debt at the moment anyway it is irrelevant - it only becomes payable if they obtain a judgment against you.

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Thank you, Amethyst!

I have just been trying to put together my defence...

I am attaching an image of it, including my questions/doubts.
( URL if it isn't working: [link removed for security reasons]

I have made my areas of concern red, and added the questions about them in green.
I also gave each question a letter, to make answering them/referring to them easier for anyone who could kindly answer them for me.

Thank you so much for all the help received!

[Amethyst]

Re: CapQuest/Restons vs. Hawkster

It's a little bit small to read fully - though with a bit of squinting....

Paragraph 4? admitting the credit agreement - leave that out.

Paragraph 6 - even if they did call you they must have sent you a notice of assignment too - so leave that in.

Paragraph 8 - can take out statement of the account if you didn't ask for it.

Para 12 - change to failed to respond to my request rather than declined.

Para 13 - amend accordingly now you have ditched para 4

Para 16 - they are not entitled to the relief as claimed as they have not provided the agreement so that stands

( might be simpler if you paste any other questions - save my eyesight )

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Thank you, Amethyst! I did belatedly add a link to make the image bigger (I think this site compresses images?), but thank you for getting there anyway - sorry about the eye strain!

OK, here is my defence (I DID ask for a statement of the account, so I left that in. I just didn't want to throw anything off if I wasn't supposed to.):

1: I received the claim [] from the County Court Business Centre, Northampton on November 30th 2016.


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


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


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


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


6. The Claimants statement of case states that the account was assigned from Shop Direct Home Shopping Limited (Littlewoods) to CapQuest Investments Limited on June 27th 2014. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Shop Direct Home Shopping Limited (Littlewoods) 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.


8: On the 2nd of December 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the contract and a statement of the account.


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


10. On the 2nd of December 2016 I sent a formal request for a copy of the original agreement to CapQuest Investments Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond to my request.


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.


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


Statement of Truth


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






Signed …………………………………………


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

[Amethyst]

Re: CapQuest/Restons vs. Hawkster

Okay all the s 77 / 78 bits - remove the square brackets and just leave in the s 78 / s 78(1) / s 78(6) parts as that relates to running credit ( thus a catalogue account ).

Otherwise looks good to me

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Ooh, I missed that - thanx, Amethyst!

I will go and edit then put it in online! You rock!

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

19th December 2016 - SAR to Littlewoods.

28th December 2016 - Defence submitted online.