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Advice Needed...

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  • Advice Needed...

    Hi all,

    I would be extremely grateful if you would be able to offer me any suggestions on the best way forward in my situation, I am a first time poster so advance apologies if I'm posting in the wrong place, not following forum etiquette etc.

    The particulars are as follows: Claimant claims the balance under a contract that I made with Shop Direct dated on or about Oct 2009 and which was assigned to them on April 25 2014.

    I never had any mail order contracts with Shop Direct group, having checked my credit file it gives me no other details other than stating that Capquest owns the debt and I defaulted on 03/04/2014.

    I do however remember having an ARGOS store card which I did default on and am not sure if this is the account because I thought Argos traded under the Home Retail Group. How would I find out if this is the case and also as the Argos account would have defaulted sometime back in 2009/2010 why does my credit file show a default date of 2014 which is when Capquest bought the debt?

    If indeed this is the Argos debt would it now not be statute barred as no payments would have been made within the last 6 years? Would I be able to use this limitation as a valid defence?

    I have responded to the claim by acknowledge service and that I intend to defend but am unsure what my next steps should be. Having read through a few of the templates I have seen others being advised to request copies of the original contracts and also to request details of when the last payment was made etc.

    Would appreciate any help. Thank you.



    Issue Date: 02 Dec 2016
    Amount approx: £771
    Claimant: Capquest Investments Ltd
    Solicitor: Restons
    Original Creditor: Shop Direct
    Particulars of Claim: Please type out in full excluding names/account numbers
    Is the debt Statute Barred?
    List any letters you have sent: None so far
    Any Other Info: Have completed an acknowledgement of service online, intend to defend.





    Tags: None

  • #2
    Re: Advice Needed...

    CCA Request || CPR 31.14 Request |

    - - - Updated - - -

    Wednesday, 4 January 2017 your defence should be in by this date

    - - - Updated - - -

    Defence Example adjust to you circumstances
    [MENTION=1937]nemisis[/MENTION]45

    Comment


    • #3
      Re: Advice Needed...

      Thank you very much for your reply Mike770. I sent the CCA request and CPR to both Restons and Capquest and also a request to Shopdirect for the info they hold on me under the DPA. Have yet to hear back.

      Comment


      • #4
        Re: Advice Needed...

        you must get your defence ready as the court rules time limit not solicitors or claimants, meantime work on the fact that no documentation received from your request, failure for you to submit your defence by that date would mean they get a CCJ against you by default, but do not lodge it thru MCOL until a day or two before deadline as you can update any details if you receive the requested documents, meantime look in here for questions/answer, Nemisis has been alerted to view for you???

        Comment


        • #5
          Re: Advice Needed...

          I have looked at the sample defence posted by Nemisis45 and advice given to other users, have my main points ready to type up. Would it be a good idea to post it on here when ready? Thank you for clarifying the date defence due and the tips regarding filing. Much appreciated.

          Comment


          • #6
            Re: Advice Needed...

            type it up provisionally then come back here and request again Nemesis or Ame no doubt will direct you how to post or PM

            Comment


            • #7
              Re: Advice Needed...

              Will do that. Thanks again.

              Comment

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