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Thread: Restons / Capquest Shop Direct Claim

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  1. #51
    nemesis45's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    @nemesis45 @charitynjw

    Well, Capquest are now reporting the default balance on the credit file including the court costs, they have not even replied to the defence yet.

    As Capqest have not been to trial yet let alone won can they report the court fees on the credit file?

    The balance has gone from £1600+ to £1800+ ?
    Hello Sytra

    This is typical Crapquest they do this usually when they are unsure that they can win a claim.

    Personally I would place notices of dispute / correction on all the CRA files asap.

    A formal complaint to Thomas Waterworth Drury the CEO at Crapquest copied to the Information Commissioners Office is always an option.

    nem
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  2. #52
    Diana M's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    Capquest are now reporting the default balance on the credit file including the court costs, they have not even replied to the defence yet.

    As Capqest have not been to trial yet let alone won can they report the court fees on the credit file?

    The balance has gone from £1600+ to £1800+ ?

    Quote Originally Posted by sytra View Post
    will leave it a few days see if the claim gets stayed (about 14th or 15th) then write to them asking them to correct it. If we write now before the deadline they might try harder to reply to the defence!

    I think you've definitely got the right attitude to this.

    You're at a sensitive stage in legal proceedings. This is the moment when Restons solicitors are considering whether to continue with the claim or let it become stayed, or even discontinue (unlikely).

    The last thing you want to do is rock the boat by writing to the CEO of Capquest which will single you out for attention. The CEO won't answer your letter, it will be delegated.

    Restons will know about it because any activity on an account during legal proceedings is always passed to the solicitor handling the claim. As you rightly say that may make them try even harder to squish you.

    I know it's annoying to have the £200 discrepancy on your CRA file but does it really matter in the grand scheme of things?

    It would be different if they've added a default when they hadn't defaulted you, but if it's only the figure that's wrong (by £200) it won't make a massive difference to your credit rating. If you were to apply for credit/mortgage the lender would note you had a default but the amount wouldn't impact on the underwriting. A default is a default.

    I think it should be corrected but consider how and when you do that. When is the default due to drop off your file?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #53
    Diana M's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by nemesis45 View Post
    Personally I would place notices of dispute / correction on all the CRA files asap.
    If the OP places a Notice of Correction on their CRA files it would need to state why they believe the entry is wrong.

    In this instance they would have to say it's because they have legal proceedings against them and the Claimant has included the court/legal costs prematurely.

    That would flag up to anyone searching the file that for whatever reason another creditor is litigating against them. This may imply that their conduct of their account has been poor or the creditor wouldn't be taking them to court.

    I think that would be far more damaging to the OP's financial reputation then the default figure being inaccurate by £200.

    Once a Notice of Correction has been applied to the account it can no longer be 'auto-scored' by the database because the search is interrupted making the business searching it see the whole report including the Notice of Correction and the reference to the person they're searching being currently involved in legal proceedings against them. They may win this claim but until they do the 'no smoke without fire' presumption will be unavoidable.

    My personal view is to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #54
    nemesis45's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by Diana M View Post
    If the OP places a Notice of Correction on their CRA files it would need to state why they believe the entry is wrong.

    In this instance they would have to say it's because they have legal proceedings against them and the Claimant has included the court/legal costs prematurely.

    That would flag up to anyone searching the file that for whatever reason another creditor is litigating against them. This may imply that their conduct of their account has been poor or the creditor wouldn't be taking them to court.

    I think that would be far more damaging to the OP's financial reputation then the default figure being inaccurate by £200.

    Once a Notice of Correction has been applied to the account it can no longer be 'auto-scored' by the database because the search is interrupted making the business searching it see the whole report including the Notice of Correction and the reference to the person they're searching being currently involved in legal proceedings against them. They may win this claim but until they do the 'no smoke without fire' presumption will be unavoidable.

    My personal view is to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress.

    Di
    My personal view is to go ahead and challenge it the damage is already is done.

    The default entry is wrong all the notice of correction will state is that anyone searching the credit file should not rely on the data posted by Capquest.

    But as usual you decide to complicate everything and I think I know why!
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  5. #55
    Diana M's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by nemesis45 View Post
    The default entry is wrong all the notice of correction will state is that anyone searching the credit file should not rely on the data posted by Capquest.
    There's an explanation of the Notice of Correction process on Experian's website.

    Point 3 explains that there will be a 200 word (maximum) statement/text added to the entry which sets out the reason for disputing the data. The author of the Notice of Correction is the consumer (i.e. it's written in the 'first person') not a comment made by the CRA who remains impartial.

    https://help.creditexpert.co.uk/help...356.1488972690

    Diana M
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #56
    Joanna C's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by nemesis45 View Post
    My personal view is to go ahead and challenge it the damage is already is done.

    The default entry is wrong all the notice of correction will state is that anyone searching the credit file should not rely on the data posted by Capquest.

    But as usual you decide to complicate everything and I think I know why!
    Di's post you quote does not complicate anything at all it merely clarifies the position for the OP.

    If the OP does what you are suggesting Nemesis45 and they post the notice of correction it means that all credit checks will have to be manually done- it can no longer auto scored which may well have a more detrimental effect on the OP than the default figure being inaccurate by £200. This is because the reason stated would disclose current court proceedings.

    Similarly your advice to the OP that "A formal complaint to Thomas Waterworth Drury the CEO at Crapquest copied to the Information Commissioners Office is always an option." is a confrontational approach to take and is not really helpful to the OP as it is unlikely to have a positive impact on their current situation where as Di says "Restons solicitors are considering whether to continue with the claim or let it become stayed, or even discontinue (unlikely).".

    I would think that if the OP were to follow your suggestion then Restons would probably be instructed to continue. How could this possibly be in the OP's interests at this stage of their court proceedings?

    I personally agree with Di's view that the OP may be better " to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress"
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #57
    nemesis45's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by Joanna C View Post
    Di's post you quote does not complicate anything at all it merely clarifies the position for the OP.

    If the OP does what you are suggesting Nemesis and they post the notice of correction it means that all credit checks will have to be manually done- it can no longer auto scored which may well have a more detrimental effect on the OP than the default figure being inaccurate by £200. This is because the reason stated would disclose current court proceedings.

    Similarly your advice to the OP that "A formal complaint to Thomas Waterworth Drury the CEO at Crapquest copied to the Information Commissioners Office is always an option." is a confrontational approach to take and is not really helpful to the OP as it is unlikely to have a positive impact on their current situation where as Di says "Restons solicitors are considering whether to continue with the claim or let it become stayed, or even discontinue (unlikely).".

    I would think that if the OP were to follow your suggestion then Restons would probably be instructed to continue. How could this possibly be in the OP's interests at this stage of their court proceedings?

    I personally agree with Di's view that the OP may be better " to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress"
    Quite simply wrong!!
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  8. #58
    Joanna C's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by nemesis45 View Post
    Quite simply wrong!!

    You are of course entitled to your own view Nemesis45 but it will be for the OP to decide their preferred course of action
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #59
    Amethyst's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Experian state:

    If you apply for credit, the lender must read any Notices of Correction that appear on your credit report but they are not required to take them into account when making a decision.

    Adding a Notice of Correction to your credit report will slow down any future applications you make for credit because the lender has to read the notice, but they do not have to take it into account when making a decision.
    The £200 will make no difference on your credit file. I would certainly leave it well alone at least until after the court proceedings are concluded fully, and probably even then - how long is it until the default has been on the file for 6 years ?
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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  10. #60
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by Amethyst View Post
    The £200 will make no difference on your credit file. I would certainly leave it well alone at least until after the court proceedings are concluded fully, and probably even then - how long is it until the default has been on the file for 6 years ?
    Off the top of my head The default date is about Nov 12 the last payment was around Aug 12, so it has about 18m before it drops off the file.

  11. #61
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    Default Re: Restons / Capquest Shop Direct Claim

    Hi syrta

    Did you ever respond to the FCA's invitation to follow up your concerns re authorization?
    CAVEAT LECTOR

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  12. #62
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    Default Re: Restons / Capquest Shop Direct Claim

    Okay cool, tbh I really would leave it, if it was corrected it would have exactly the same effect on the credit rating as it is now, you could, once the court claim is concluded, ask the claimant (creditor) to correct the data reported to the CRA's to remove the court fees ( if that's why it has gone up) - but even if you win the claim against you the actual debt data will still stay on the file until the 6 years from the Default marker.

    So now you just give court a call around 14/15th if you haven't heard anything back re your defence.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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  13. #63
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by charitynjw View Post
    Hi syrta

    Did you ever respond to the FCA's invitation to follow up your concerns re authorization?
    Not yet, was waiting to see what happened with this claim and also did a FOI request to the FCA so was waiting on their response.

    The FCA replied that regardless of any buy out or takeover Capquest Investments Limited cannot use any license issued to Arrow Global Limited as Capquest are NOT an Appointed Rep of Arrow Global Limited (AGL do not have any appointed representatives), if any company has interim permission (not in this case) then they are not allowed an appointed rep. Capquest Investments Limited do not hold an active FCA licence, Capquest debt recovery do not have Capquest Investments Ltd as an AR.

    While I appreciate what has been said previously re the fca, capquest etc not having a bearing on this claim (i think the claim is going to be stayed and we have much stronger arguments we are relying on) I am going to reply to the FCA and bring up my concerns, if nothing else it might get the FCA to force them to register.
    Last edited by sytra; 15th March 2017 at 02:49:AM.

  14. #64
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by Amethyst View Post
    Okay cool, tbh I really would leave it,

    So now you just give court a call around 14/15th if you haven't heard anything back re your defence.
    Thanks @Amethyst the Mrs is going to leave it alone, she was just annoyed that they have added the fees before they had even won them.

  15. #65
    sytra's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    @charitynjw @Amethyst
    Thanks for your advice, as of 4pm yesterday the courts nor my wife had heard anything from the claimants, by my reckoning the 15th was the 33 days (defence submitted and received on 10th feb) they were allowed to respond so looking as though claim will be stayed (while we would rather it was finished with, stayed is the next best thing).

    Would it be best to call the court again to find out if it is stayed?

    Will the court stay the claim automatically after the cut off date or will it take a few days to get through the system?

    If it has to go through the system and the claimant files anything before it is stayed will their response be accepted?

    Thanks

  16. #66
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    Default Re: Restons / Capquest Shop Direct Claim

    need to give court a few days to catch up on any paperwork, then ring!

  17. #67
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    Default Re: Restons / Capquest Shop Direct Claim

    As @MIKE770 says, give it a few days.
    If it were me, I'd probably phone on Monday for an update.
    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

  18. #68
    sytra's Avatar

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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by charitynjw View Post
    As @MIKE770 says, give it a few days.
    If it were me, I'd probably phone on Monday for an update.
    Ahhh We called this morning before I saw this post but no matter the claim has been stayed.... thanks everyone.

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