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Scottish Summons Capquest/Shoosmiths

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  • Scottish Summons Capquest/Shoosmiths

    *** SCOTTISH LAW APPLIES ***

    Hoping someone is able to direct me in my next point of action.

    Received hand delivered Scottish Small Claim Summons from Falkirk Sheriff Officers 22/11/2016. (Form 1a)

    I received a copy of the small claim summons from Shoosmiths the following day (23/11/2016). No covering letter, just an exact copy of the small claim summons delivered by Sheriff Officers.

    Pursuer is Capquest Investments Ltd and their solicitors are Shoosmiths LLP.

    Contract between Shop Direct Ltd from 8 September 2010 by Littlewoods Mail Order. Apparently the last date for demanded payment from Shop Direct was 6 June 2013 and then Capquest bought over the debt 19 June 2013 (debt purchase agreement)

    Outstanding alleged debt of £2287.

    Return date 22/12/2016
    Hearing date 05/01/2017

    I have no recollection of ever receiving debt letters, final demand payment letters nor court of action threatening letters from Capquest.

    After reading forums online I wrote to Capquest 28/11/2016 for a CCA request using the standard CCA request template letter found on one of the Legal Beagle forums. This was sent recorded delivery with a £1 postal order enclosed. (No personal signature attached to either the letter or postal order due to advice I'd read on forums here.) A copy of this letter was also sent to Shoosmith LLP with a one sentence covering letter about the attached request letter sent to Capquest.

    I received the following response letter from Shoosmiths LLP (even although I sent the letter to Capquest for evidence/original documents.)

    "We note your request for the nature of the agreement and balance outstanding.

    We can confirm that the original lender is Shop Direct Ltd in respect of the original agreement being a Littlewoods Mail Order signed on 8 September 2010 with reference number XXXXX. The last date that payment was demanded was 6 June 2013. We have requested statements of the account from our client however we cannot give an undertaking of when we will be in receipt of these.

    The balance outstanding is £2287 however as court action has already been raised, judical expenses have been incurred."

    The closing of the letter is the box standard "our client is willing to come to a payment arrangement regarding outstanding debt," with closing response to seek advice as matter of urgency.

    With this letter being received from Shoosmith, what does this mean? They have listed the alleged debt amount and dates on the letter, but no other documents have been sent with it. Do I respond to this letter?

    I am still awaiting the CCA request from Capquest. The 12 working days to receive this will be up next week.

    I have lodged a defence response to the court summons as I have no indication about what this debt is for nor have any documents or evidence surrounding it. Still haven't been provided with any documents surrounding it to date.

    Could someone please advise me on my next step in this process? Do I wait to see if I receive the CCA request within the time perimeters given as sent out in legislation? If not, do I then send the second letter to Capquest about not receiving this and also submit a letter to the Sheriff Court surrounding the evidence requested but not received?

    Please someone advise ASAP!

    Thank you!
    Tags: None

  • #2
    Re: Scottish Summons Capquest/Shoosmiths

    Don't acknowledge the debt!!

    Are you SURE you've never received anything with the intent for court action? Are you definitely being taken to court? I find it odd that the solicitor is offering an agreement if court proceedings have been initiated. Can you post up a redacted copy of teh summons?

    I'm no expert but hopefully someone form the site will swing by

    Comment


    • #3
      Re: Scottish Summons Capquest/Shoosmiths



      Hopefully the uploaded redacted copy has been successful and you can see it.

      I'm assuming as Shoosmiths mentioned on their reply to the copy of the CCA request about settling an agreement with their client that was an initiation for "out of court settlement." I have not acknowledged any debt. I clearly wrote on the CCA request right at the beginning of the letter the exact statement of "I do not acknowledge any debt to your company or its clients." This was on the template CCA request letter I used to send Capquest the request.

      Cannot ever remember this supposedly account and what it was for. All I know is it's for a Shop Direct Mail Order as stated on the claim summons.

      Needing advice and guidance as to what to do next. The 12+2 days for the CCA request is up next Thursday. Almost one week's time.

      Comment


      • #4
        Re: Scottish Summons Capquest/Shoosmiths

        Originally posted by mag11 View Post


        Hopefully the uploaded redacted copy has been successful and you can see it.
        .
        I can't open it, mag11.
        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


        • #5
          Re: Scottish Summons Capquest/Shoosmiths

          I'll have to upload it from my computer at work tomorrow. I uploaded it from my iPhone but it hasn't worked if you can't open it. I'll upload it tomorrow and see what you think.

          Still am waiting on the CCA request in the mail. Nothing yet.

          Comment


          • #6
            Re: Scottish Summons Capquest/Shoosmiths

            Hi,

            It's very important you do not ignore this claim, it will proceed even without a response from you.
            Do you know the name of the Sheriff Officers who served the summons.

            There's some guidance in this 'link'...

            http://www.scotcourts.gov.uk/rules-a...guidance-notes

            Comment


            • #7
              Re: Scottish Summons Capquest/Shoosmiths

              In no way am I ignoring this claim - hence why in my original post I stated I've sent a CCA request to the pursuer and a copy to their solicitors, as well as responded to the courts about submitting my defence against it.

              The claim was hand delivered by Sheriff Officers from Falkirk. The summons have no name of the Sheriff Officer on it who signed it. Just a squiggle as a signature. Unable to make a name out from it.

              Comment


              • #8
                Re: Scottish Summons Capquest/Shoosmiths

                Comment


                • #9
                  Re: Scottish Summons Capquest/Shoosmiths

                  Originally posted by charitynjw View Post
                  I can't open it, mag11.
                  Tried uploading it again. Not tech-savvy, apologies. I can type out what it says if that helps? In the same format?

                  Hoping someone is able to advise me on next steps

                  Comment


                  • #10
                    Re: Scottish Summons Capquest/Shoosmiths

                    Originally posted by mag11 View Post
                    In no way am I ignoring this claim
                    Hi, sorry if my reply came across badly, you were asked whether you were sure this was a legitimate claim from the court, I'd say it was.
                    If you have replied to the court that you dispute the claim as the debt is unrecognised and the persuer will have to produce the documentation associated with this account in court I don't think there's much more for you to do but await a response.

                    Is this 'debt' showing on your credit file ?

                    Comment


                    • #11
                      Re: Scottish Summons Capquest/Shoosmiths

                      Originally posted by Rohan View Post
                      Hi, sorry if my reply came across badly, you were asked whether you were sure this was a legitimate claim from the court, I'd say it was.
                      If you have replied to the court that you dispute the claim as the debt is unrecognised and the persuer will have to produce the documentation associated with this account in court I don't think there's much more for you to do but await a response.

                      Is this 'debt' showing on your credit file ?

                      I haven't got a clue if this debt is showing on my credit file. Unsure of how to obtain a copy of my credit file? Do you know how this can be done?

                      If this alleged debt is from a contract in 2010 and no payment has been made, doesnt the statute barred come under this? As its 5yrs in Scotland for this? I literally have no recollection of ever having paid a Littlewood's/Shop Direct contract. Still awaiting the CCA request from this "alleged contract/debt" in mail from pursuer but not received yet. They have til a week today to get it to me as that will be the 12+2 days up for producing me with a copy of it. I have no documentation relating to anything to do with this except court summons and the response from the solicitor regarding the CCA request copy letter I sent to them.

                      Comment


                      • #12
                        Re: Scottish Summons Capquest/Shoosmiths

                        Yes, if there has been no payments or acknowledgement of this 'debt' in a 5 year period and there is no decree on the debt it no longer exists and cannot be persued through the court.

                        Debt collectors who continue to try and collect the debt can be informed that it is statute barred and they must then cease all collection activities.

                        Regarding getting your Credit Report...

                        The three main Credit Reference Agencies are Equifax, Experian and Callcredit, all which, as far as I know require a fee.

                        Two free sites are...

                        https://www.noddle.co.uk/

                        https://www.clearscore.com

                        Comment


                        • #13
                          Re: Scottish Summons Capquest/Shoosmiths

                          Originally posted by Rohan View Post
                          Yes, if there has been no payments or acknowledgement of this 'debt' in a 5 year period and there is no decree on the debt it no longer exists and cannot be persued through the court.

                          Debt collectors who continue to try and collect the debt can be informed that it is statute barred and they must then cease all collection activities.

                          Regarding getting your Credit Report...

                          The three main Credit Reference Agencies are Equifax, Experian and Callcredit, all which, as far as I know require a fee.

                          Two free sites are...

                          https://www.noddle.co.uk/

                          https://www.clearscore.com

                          I still haven't received the CCA request. The 12+2 days are up today, so, should I send the second letter reminding Capquest (creditor) of this request with a copy being sent to the solicitors also? (The £1 postal order was sent with the CCA request, nothing received back.) also, should I send the courts a letter explaining this? So they know what is happening?

                          Also, you said about the alleged debt being statute barred if there was no "decree on the debt." They are seeking a decree to be granted in court. Does this mean there is a decree on the alleged debt or not yet due to it not being awarded in court yet?

                          No CCJ/defaults shows on my credit file regarding this. Nothing is there. I checked

                          Looking for advice on next course of action?

                          Comment

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