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Thread: Restons / Capquest Shop Direct Claim

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    Default Restons / Capquest Shop Direct Claim

    Hi,

    we have another thread under the welcome forum http://legalbeagles.info/forums/show...otice-Question but claim has now been received so new thread to keep it fresh.


    Issue Date: 10th January 2017
    Amount approx: £1900
    Claimant: Capquest
    Solicitor: Restons
    Original Creditor: Shop Direct Financial Services Ltd
    Particulars of Claim: Please type out in full excluding names/account numbers
    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 Aug xx 2007 and assigned to the claimant on Dec 21 2012

    PARTICULARS a/c no - xxxxxxxx

    DATE 09/11/2016
    ITEM Default Balance
    VALUE xxxx.xx
    Post Refrl Cr NIL
    TOTAL xxxx.xx


    Is the debt Statute Barred? No

    List any letters you have sent:
    Sending CPR Monday 16th Jan

    Any other info.


    The "contract" was with Marshall Ward and then in about 2009 changed to ISME, the account never became Very.
    Sent CCA request to Capquest back in 2013, didn't fully comply with the request so sent a second letter advising them of the error and asking them to rectify, to date no response (we didn't send the second letter by recorded post, which in hindsight we should have done).

    When Restons got involved late 2016, we sent a CPR request believing their letter to be a LBA they reponded with the standard "you have not signed it letter so we wont send anything", so we wrote back signing the letter this time, they then wrote back saying if payment was not made within 14 days they would issue a claim, the letter also said that they are not aware of any CCA request being made (the one from 2013 doesn't count?), and that we would have copies of the DN, Assignment, statements etc so they do not need to provide them.

    Sent SAR to Shop Direct both in 2013 and 2016.

    Copies of letters, DN etc will be posted shortly.

    1: The DN we know is bad in that it doesn't allow the 14 days to rectify maybe other bits too but need to check up.

    2: The Agreements and T&C's sent by Capquest back in 2013 in response to the CCA request, the first one "might" be ok but the second one (supposedly from when account was closed) is definitely wrong, on wayback it has snapshots of the Terms and they are totally different from the ones sent.

    3: In the SAR from Shop Direct the statements state interest charge with the code 197K, on the printout supposed to make it easier to understand their codes it states in bold capitals 197K LX DIRECT ONLY after digging around LX Direct was Littlewoods Extra and Littlewoods Direct, which had it's own website LX Direct, checking the agreements for this part of Shop Direct shows the agreement is made between Littlewoods Financial Services Ltd and NOT Shop Direct Financial Services Ltd.

    Now, we intend to try and defend the claim, we don't mind paying the arrears on the original default notice if need be, however, after getting the paperwork back from Shop Direct we had already paid back more than we had bought and if they had been a bit more responsive to the financial situation at the time (Littlewoods stopped charges and accepted reduced payments to get us back on track) ISME refused then we would not have got into this mess!!

    On the POC they say the contract was with Shop Direct.
    It was with Shop Direct Financial Services Ltd will this make a difference?

    The DN, doesn't have the 14 days to remedy they forgot to allow for postage, and includes a host of late, missed, default charges.

    Failure to respond properly to CCA request in 2013, should prevent CCJ until fully complied with, is this still the case, or do I really need to send off another request (dont want to give them the opportunity to rectify now if I can help it) besides Restons say we will have copies of agreements....?

    The T&C's at the time of termination / default are wrong, will this make any difference?
    The correct ones from ISME in 2012 state the order of payment application and default charges etc.

    In the T&C's it states under "Key Information" Details of upto date charges in relation to each of these matters are available from us.
    Should these have been included as part of the CCA request as other things mentioned within the agreement?

    The 197K interest code from LX DIRECT, is incorrectly applied to the account as the account never was anything to do with Littlewoods or LX Direct although I understand Shop Direct own all the brands, the agreement was with Shop Direct Financial and NOT Littlewoods Financial. The interest rate with LX Direct is also lower than Marshall Ward and ISME.

    Another thing that is probably very trivial, but the assumed balance they state is £1500 on both agreements, however, from reading bits and pieces the assumed balance should be £1200? source: The Consumer Credit (Total Charge for Credit) Regulations 2010 (Regulation 6 o)

    The claim is also in the Maiden name, been married since late 07, but pretty sure we let Shop Direct know would have been early 08, but there is a chance we forgot them, however in letters to shop direct we signed them with the married name.

    From the info I have mentioned in your opinion is it worth trying to defend? or is any defence based on the info likely to get blown out?

    In the CPR request, I know I can only ask for documents mentioned, so that is the Contract and Assignment, however they also mention a default balance so can I ask for the DN as technically there can't be a default balance without a DN can there?

    Many thanks and thank you in advance.


    Last edited by sytra; 12th January 2017 at 19:52:PM.

  2. #2
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    Default Re: Restons / Capquest Shop Direct Claim







  3. #3
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    Default Re: Restons / Capquest Shop Direct Claim

    Hi sytra

    Did Capquest/Restons supply those T&Cs?
    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

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    Default Re: Restons / Capquest Shop Direct Claim

    Hi, yes Capquest did, in 2013

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    Hi, yes Capquest did, in 2013
    Do you have proof that they sent them?
    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

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by charitynjw View Post
    Do you have proof that they sent them?
    All we have is the letter they sent with them dated 19th June 2013. here it is types out:
    It is on Capquest headed paper

    Account number, xxxxxxx
    Balance, xxxx.xx
    Account Purchased from, Shop Direct Financial Services Ltd


    Thank you for your recent correspondence.

    Please find enclosed:-

    1. Copy of reconstituted credit agreement.
    2. Copy of Terms and conditions

    Your account remains in default and the full balance is payable. The information below relates to your account and is correct as of 19th June 2013.

    . Outstanding balance £xxxx.xx
    . Total amount paid to CapQuest to date £0.00

    then contact number to discuss how we wish to settle the account.

    Yours Sincerely

    Linda Beckett
    Collections Admin Dept

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    Default Re: Restons / Capquest Shop Direct Claim

    Thank you for your recent correspondence.
    Did you keep a copy of your request?
    & proof of postage?
    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

  8. #8
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    Default Re: Restons / Capquest Shop Direct Claim

    yes, we did, got the orginal letter, the recorded delivery slip and a copy of the signature on receipt.
    Last edited by sytra; 13th January 2017 at 07:54:AM.

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    Default Re: Restons / Capquest Shop Direct Claim

    we are going to acknowledge the claim today or would it be best to wait and do it over the weekend?

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    Default Re: Restons / Capquest Shop Direct Claim

    When we send the CPR 31.14 of to Restons, I know we can definately ask for the Contract and the Notice of Assignment. But can we ask for the Default notice as while not specifically mentioned under Particulars they do say Default Balance so stands to reason if they are saying there is a default balance there must be default notice?

  11. #11
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    When we send the CPR 31.14 of to Restons, I know we can definately ask for the Contract and the Notice of Assignment. But can we ask for the Default notice as while not specifically mentioned under Particulars they do say Default Balance so stands to reason if they are saying there is a default balance there must be default notice?
    Imho, best not to at this stage.
    SAR Shop D for all data they hold.
    If that doesn't reveal a DN, the Claimant has a problem.
    Best not to give them a heads-up before you get the info from Shop D.
    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

  12. #12
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by charitynjw View Post
    Imho, best not to at this stage.
    SAR Shop D for all data they hold.
    If that doesn't reveal a DN, the Claimant has a problem.
    Best not to give them a heads-up before you get the info from Shop D.
    Thats fine leave the DN out, We have SAR Shop Direct, they do state they posted out a DN but say they don't have copies they also didn't say how it would have been sent even though we asked them too. Did you notice something wrong with the T&Cs yesterday?

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    Default Re: Restons / Capquest Shop Direct Claim

    all they need do is show that one was sent out on such a such date - default notice (usually incorrect detail within)

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by MIKE770 View Post
    all they need do is show that one was sent out on such a such date - default notice (usually incorrect detail within)
    Hi Mike770 yes the DN is bad in so much as they didn't allow for postage in calculating the 14 days, I am also hopeful that the LX Direct interest is wrong in which case hopefully it will mean the default amount is wrong.

  15. #15
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    Thats fine leave the DN out, We have SAR Shop Direct, they do state they posted out a DN but say they don't have copies they also didn't say how it would have been sent even though we asked them too. Did you notice something wrong with the T&Cs yesterday?
    Lol!
    Am I that transparent?
    Yes, I think so, but as it is an old response, best to see what the CPR request reveals.
    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

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by charitynjw View Post
    Lol!
    Am I that transparent?
    Yes, I think so, but as it is an old response, best to see what the CPR request reveals.
    In the SAR we did a couple of months ago, Shop Direct sent another recon agreement apparently from acc opening but it is identical to the first 2 pages Capquest sent, the last 2 pages are what Capquest sent as agreement and T & C from date of default and account closure.

    See if Restons reply to CPR with an agreement and t&c although looking at others previous dealings we don't hold out much hope.

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    Default Re: Restons / Capquest Shop Direct Claim

    Ok,
    Acknowledged the claim online.

    CPR 31 sent to Restons asked for contract and assignment.

    Not sending another CCA request to Capquest as already done in 2013 and don't want to give them another opportunity to get things right.

    SAR Shop Direct in Nov 2016 so not doing again. SD wrote saying there was no agreement but they have sent a blank replica.

    Am I correct on dates that defence has to be in on Sun 12th Feb?

    Thankyou
    Last edited by sytra; 17th January 2017 at 14:54:PM.

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    Default Re: Restons / Capquest Shop Direct Claim

    A couple of other things:

    1, A Caroline Donnelly was supposed to have signed the agreement, as was pointed out before, the first record of her with SD is in sep 07, a month after agreement started.

    So could she have signed the agreement in Aug?

    2, The SAR from SD says the account was assigned to Capquest on 12/11/2012.

    Claim form says it was assigned on 21 Dec 2012

    3, The SAR copy of assignment is dated 4th Jan 2013.

    The original assignment is dated 28th Feb 2013

    4, The amount being reported to CRA is rounded up to nearest pound.

    Is this inaccurate reporting?


    Are any of the above worth complaining about? Can any of them make a difference to the outcome?
    Last edited by sytra; 17th January 2017 at 14:54:PM.

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    Default Re: Restons / Capquest Shop Direct Claim

    Sorry to be a pain, but can someone confirm the date I need to submit a defence, by my reckoning it is Sun 12th Feb?

    To date (still a few to go) Restons have not replied to the CPR 31

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    Sorry to be a pain, but can someone confirm the date I need to submit a defence, by my reckoning it is Sun 12th Feb?

    To date (still a few to go) Restons have not replied to the CPR 31
    Court claim issue date 10th Jan, according to your previous post.
    So the 33 days are up 12th Feb, but as that is a Sunday, the following day, Mon 13th, is ok. 4pm latest.
    But the Claimant/sols may yet take advantage of the 28 day extension offered in your CPR letter.
    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

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    Default Re: Restons / Capquest Shop Direct Claim

    Well, update, received a response from Restons to the CPR 31 request, you will be very surprised to hear it is different to a lot of the others on here, still utter rubbish but different all the same.

    Starts off with the usual "We would point out blah blah"

    then they obviously have not read the request properly or they are just numpties as they then go on to say, the Documents we requested are not "mentioned" in the particulars of claim so CPR 31.14 does not apply.


    They then go back to the usual blurb the POC are specific enough and contain enough info to file a defence.

    Well, in the request we asked for the "contract" and "assignment" both of which are mentioned. Just sent another letter disagreeing with their response and giving them 7 days to supply the info and agree to a 28 day extension, both of which I doubt we will get....

    Going to start on a defence now, just incase we don't the 28 days extension!

    Also, probably nothing and clutching at straws but,

    1: on Noddle it has the default balance as a little over £1,100, the POC says the default balance is £1,659 (it is £1659 after SD added all the interest onto the account when selling) [if we could get it back to £1,100 we would clear it off now]. is this worth mentioning in the defence?

    2: Noddle have the balance as £1659 from Jan 13 to May 15 then it jumps up £1 to £1660, yet apparently no interest has been added, I can see what they have done, they have just rounded it up to the nearest £, can they do this?
    Last edited by sytra; 28th January 2017 at 14:37:PM. Reason: added info:

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    Default Re: Restons / Capquest Shop Direct Claim

    Just noticed the POC state the claimant as Capquest Investments Ltd.

    Doing a search on FCA register their licence comes up as Lapsed, am I correct or like everything else looking at it the wrong way?

    If correct and it has lapsed can they still bring the claim?

  23. #23
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    Default Re: Restons / Capquest Shop Direct Claim

    Capquest Investments Ltd seem to operate under the Arrow Global Group FCA permission?
    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

  24. #24
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    Default Re: Restons / Capquest Shop Direct Claim

    Ok thankyou, blown that one out then lol

  25. #25
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by charitynjw View Post
    Capquest Investments Ltd seem to operate under the Arrow Global Group FCA permission?
    Quote Originally Posted by sytra View Post
    Ok thankyou, blown that one out then lol
    You could contact the FCA for confirmation/further info.

    & if it were me I'd do some sleuthing.
    The original agreement was Shop Direct Financial Services.
    But the 2nd agreement/T&C's, & the DN, are Shop Direct Finance.
    Did you ever receive a notice of assignment from the former to the latter?
    I can't see that SDFS ever traded as Isme (ie the DN).
    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

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