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Thread: Restons / Capquest Shop Direct Claim

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  1. #26
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    Default Re: Restons / Capquest Shop Direct Claim

    @charitynjw

    Thanks for the info, we have contacted the FCA to try and clarify the matter surrounding Capquest, Arrow etc etc.

    With regards to your other hints, the original agreement was with Shop Direct Financial Services Ltd, as far as I know no assignment from SDFS to SDFC was sent, and nothing shows up in the logs in the latest SAR we did.

    In the SAR SD responded with we have been unable to locate the original signed CCA for account xxxxxxxxx, however we have enclosed a blank copy CCA detailing the T&C's at account opening.

    We asked for Copies of all T&C's covering upto and including date of default/termination, they responded with refer to point 1 (above). We only got the one set of T&C's and agreement so would that say the account was never changed to SDFC?

    The assignment to Capquest Investments Ltd says the outstanding debt from Shop Direct Financial Services, so either the agreement was never amended to SDFC, in which case the default notice (in my eyes is bad) mentions the wrong creditor on and account that didn't exist OR if the agreement did change the assignment is wrong and should be SDFC.

    from what I can figure out also on the FCA site:
    Shop Direct Financial Services - 312194, were no longer authorised from 12/1/10, so could the original agreement still be valid, could the account still be terminated and sold on as SDFS over 2 years later??

    ISME was never part of SDFS, instead as you say it was part of SDFC, ISME show as a trading name and active under SDFC on FCA from 28/12/12 after the account was terminated and sold to Capquest.

    Marshall Ward was part of SDFC from 15/4/10 - 28/12/12 again according to the FCA.

    On another note, sent a second CPR 31.14 to Restons, basically just reiterating the first and asking for a further 28 days to file the defence, so far no reply so not too hopefull, they are still adamant no CCA request has been sent, just good job we have proof here.

    Felt like telling them that over the course of the account their client would have received enough documents and they should consult their own records!!
    Last edited by sytra; 1st February 2017 at 11:00:AM.

  2. #27
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    Default Re: Restons / Capquest Shop Direct Claim

    It does appear a bit fishy.
    In any event, if they can't show a papertrail of assignments from the original company & also can't show that you have been notified of same assignments, they have a big problem or several.
    It also will cause problems with the Default Notice.
    But don't let them know where they have failed..........:tinysmile_twink_t2:
    CAVEAT LECTOR

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  3. #28
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    Default Re: Restons / Capquest Shop Direct Claim

    @charitynjw

    Quote Originally Posted by charitynjw View Post
    Capquest Investments Ltd seem to operate under the Arrow Global Group FCA permission?
    Had an interesting response back from the FCA, see what you think, if any good it may help others in the same boat:
    They say:
    Our Financial Service Register

    I have searched our financial services register (FS Register) which is a public database of all the firms we authorise and regulate. I’ve found a firm called ‘Capquest Investments Limited’ that had a licence with us that is now lapsed as of 30th September 2015, firm reference number 625156.

    I’ve also carried out a search under ‘Capquest Investments LTD’ and Capquest Investments’ and no results have been found. I’ve also searched under the name ‘Capquest’ I have 6 results.

    Searching for the firm ‘Arrow Global Limited’ I’ve found a firm reference number 718754 but I’m unable to find a connection between the two firms.

    FCA

    A firm needing regulation with us would be in relation to debts for consumer credit activities or regulated financial services.

    Next Steps

    It would be really helpful if you can provide further information as to your concerns regarding these firms as this may be something that we need to look into regarding ‘Arrow Global Limited’ regarding their conduct and if you believe that ‘Capquest Investments Ltd’ are doing an activity that you believe should be regulated with us.

  4. #29
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    Default Re: Restons / Capquest Shop Direct Claim

    What are Capquest’s registration details?

    We abide by the strictest regulatory standards which means we operate at the highest possible ethical level. Below are the details of our licence and registrations numbers:

    Capquest Investments Limited is registered in England and Wales with company number 05245825. Its registered office is at Belvedere, 12 Booth Street, Manchester M2 4AW. Your account is administered by Arrow Global Limited (“AGL”) for Capquest Investments Limited (“CIL”). AGL is part of the Arrow Global Group (and has the same registered office as CIL). AGL is part of the Arrow Global Group and is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities. AGL is registered on the Financial Services Register under registration number 718754. AGL is registered in England and Wales with company number 05606545.

    Capquest Debt Recovery Limited is registered in England and Wales with company number 03772278. Its registered office is at Belvedere, 12 Booth Street, Manchester, M2 4AW. Capquest Debt Recovery Limited is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities, and is part of the Arrow Global Group. Capquest Debt Recovery is registered on the Financial Services Register under registration number 721513.

    Capquest Mortgage Servicing Limited is registered in England and Wales with company number 05821008. Its registered office is at Belvedere, 12 Booth Street, Manchester, M2 4AW. Capquest Mortgage Servicing Limited is authorised and regulated by the Financial Conduct Authority. It is registered on the FCA register under number 467051.

  5. #30
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    Default Re: Restons / Capquest Shop Direct Claim

    @MIKE770
    Quote Originally Posted by MIKE770 View Post
    What are Capquest’s registration details?
    Capquest Investments Limited is registered in England and Wales with company number 05245825. Its registered office is at Belvedere, 12 Booth Street, Manchester M2 4AW. Your account is administered by Arrow Global Limited (“AGL”) for Capquest Investments Limited (“CIL”). AGL is part of the Arrow Global Group (and has the same registered office as CIL). AGL is part of the Arrow Global Group and is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities. AGL is registered on the Financial Services Register under registration number 718754. AGL is registered in England and Wales with company number 05606545.
    I did see this, but Arrow Global Limited 718754 don't have Capquest Listed as a trading name with the FCA, and Arrow Global Group doesn't exist on the FCA register.
    Last edited by sytra; 2nd February 2017 at 10:51:AM.

  6. #31
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    Default Re: Restons / Capquest Shop Direct Claim

    sults per page: 205010050010001500All (2000)
    «1»


  7. #32
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    @MIKE770

    I did see this, but Arrow Global Limited 718754 don't have Capquest Listed as a trading name with the FCA, and Arrow Global Group doesn't exist on the FCA register.
    Arrow Global acquired Capquest 2014 giving the a port folio of accounts £4 billion +

    nem
    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. #33
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    Default Re: Restons / Capquest Shop Direct Claim

    I don't understand this properly, all I can see is Capquest Investments Limited (the claimant) their FCA licence 625156 has lapsed, yes I see they state on their paperwork that they are administered by Arrow Global Limited licence number 718754 but from what the FCA said in their email Capquest should be registered as a trading name on the register which they are not. Not as far as I can see anyway, but I am only trying to figure things out as I go!

  9. #34
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    Default Re: Restons / Capquest Shop Direct Claim

    hope you are not going to rely on this subject as a court argument??/

    - - - Updated - - -

    Quote Originally Posted by MIKE770 View Post
    sults per page: 205010050010001500All (2000)
    «1»

    taken from this FCA site states interim licence

  10. #35
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    Default Re: Restons / Capquest Shop Direct Claim

    No we have a defence sorted (kind of) just confused by the FCA licencing, and IF it gives more ammo then all well and good, the post above you say says interim licence is for Capquest Debt Recovery Ltd, the claim has been brought by Capquest Investments Ltd Lapsed

  11. #36
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    Default Re: Restons / Capquest Shop Direct Claim

    see 32 above

  12. #37
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    Default Re: Restons / Capquest Shop Direct Claim

    sure if it were a problem the Llp!s on here would of picked the subject up and used in court, but they have never reported on the said subject so it would suggest non competent issue?? just a thought!

  13. #38
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    Default Re: Restons / Capquest Shop Direct Claim

    Fair do's, like i say I am learning bits and pieces as I go along, things have changed a lot since I last had to do anything like this.

  14. #39
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    Default Re: Restons / Capquest Shop Direct Claim

    It would appear that the FCA are inviting you to send further info in order for them to investigate; if it were me, I would.

    Your defence is not due until 12th Feb if the court claim issue date was 10th Jan.
    (Actually, as 12th Feb is a Sunday, Monday 13th 4pm latest)
    CAVEAT LECTOR

    This is only my opinion - "
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    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

  15. #40
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    I don't understand this properly, all I can see is Capquest Investments Limited (the claimant) their FCA licence 625156 has lapsed, yes I see they state on their paperwork that they are administered by Arrow Global Limited licence number 718754 but from what the FCA said in their email Capquest should be registered as a trading name on the register which they are not. Not as far as I can see anyway, but I am only trying to figure things out as I go!
    The FCA changed the way the company licences are allocated.

    Capquest was acquired by AG in 2014, and act as an " Authorised Representative" of AG. So Capquest is covered by AG's licence.

    There's a few errors in the " interim " register the FCA take over of the OFT's functions is still a long process.

    nem

    I think you should not let this overtake the fact you have a claim issued against you.
    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.





  16. #41
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    Default Re: Restons / Capquest Shop Direct Claim

    @nemesis45
    Don't worry, it's just a little thing I didn't know at the time if it was important or not, as has been pointed out its pretty insignificant.

    As for the claim, Restons have until monday to comply with my 2nd CPR 31.14 request, so can't do too much till next week. Draft defence is done and ready to be amended if needed, all I can do now is try and figure out anything else I can fire off at them.

  17. #42
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    Default Re: Restons / Capquest Shop Direct Claim

    It is wise to wait until closer to the deadline before filing your defence in case they do respond, &/or go for the extension.

    Have you ever SAR'd SDFS?
    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. #43
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    Default Re: Restons / Capquest Shop Direct Claim

    Quote Originally Posted by sytra View Post
    @nemesis45
    Don't worry, it's just a little thing I didn't know at the time if it was important or not, as has been pointed out its pretty insignificant.

    As for the claim, Restons have until monday to comply with my 2nd CPR 31.14 request, so can't do too much till next week. Draft defence is done and ready to be amended if needed, all I can do now is try and figure out anything else I can fire off at them.
    I would not put much importance on the CPR request tbh it's the agreement not being provided that renders the debt unenforceable ( until an agreement or an reconstituted one is supplied)

    nem
    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.





  19. #44
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    Default Re: Restons / Capquest Shop Direct Claim

    @charitynjw Yes SAR SD according to them only 1 agreement with SDFS, acc was sold as SDFS and Capquest reference SDFS in all but the latest letters. No mention in the logs of any assignment apart from at the end to Capquest. We are not filing the defence until saturday 11th (this way if we cant get online highly likely where we live, it can be posted by special delivery)

    @nemesis45 I only did a 2nd CPR as they "claimed" like usual that they didn't mention the contract or assignment in the poc.

  20. #45
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    Default Re: Restons / Capquest Shop Direct Claim

    From what we have read on various threads and true to form Reston's have not responded to either of the CPR 31 requests, nor asked for more time to receive documents and file a defence, so looks as though the defence is going to be posted via mcol friday after 4pm, that way if for some reason we can't get online (the benefits or disadvantages of living in the middle of nowhere) it can be posted first thing Sat special delivery.

  21. #46
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    Default Re: Restons / Capquest Shop Direct Claim

    @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+ ?
    Last edited by sytra; 8th March 2017 at 00:01:AM.

  22. #47
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    Default Re: Restons / Capquest Shop Direct Claim

    Unfortunately the courts have decided that reporting to CRAs is not 'enforcement'
    McGuffick v The Royal Bank of Scotland plc [2009]

    However, the data must be accurate.
    They should not include prospective court costs & fees.
    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

  23. #48
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    Default Re: Restons / Capquest Shop Direct Claim

    Thank you thats what I thought, 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!

  24. #49
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    Default Re: Restons / Capquest Shop Direct Claim

    Did you get the usual 'Claimant has 28 days to reply to defence' letter from the court?
    (I'm guessing from your recent posts that you did).
    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

  25. #50
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    Default Re: Restons / Capquest Shop Direct Claim

    Hi yes we did, the court received the defence on 10th feb, we got the letter from court on 14th dated 10th. But as yet not a thing from Restons

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