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  1. #1
    DreamX's Avatar

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    Default Restons/Capquest VS DreamX

    Received a claim? Yes
    Issue Date: 02/05/2017
    Amount approx: £3500
    Claimant: Capquest
    Solicitor: Restons
    Original Creditor: Shop Direct
    Particulars of Claim: Please type out in full excluding names/account numbers: The claimant claims payment of the overdue balance from the defendant under a contrat between the defendant and shop direct dated on or about Dec 16 2011 and assigned to the claimant on May 23 2014 - Particulars a/c no ******** Date 20/03/2017 default balance - value 3535.95 - Post Refrl Cr - NIL - TOTAL 3535.95
    Is the debt Statute Barred? No
    List any letters you have sent: CCA and CPR
    Any Other Info:

    Hi guys! Hope you are all well!

    I'm just after some advice on the above claim if you don't mind...I have followed the advice from the forums so far and acknowledged the claim - Sent the CCA and the CPR. I've just come back from holiday and this is the response I've had from Restons... If you could take a look at the attached file and advise me the best steps to respond to this?

    Regards
    Attached Images Attached Images

  2. #2
    charitynjw's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Hi DreamX

    It's just their usual stock response to a CPR 31 request.
    You could make a Part 18 follow-up request for the same info....give them something to think about!
    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
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  3. #3
    warwick65's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Hi

    That is, from what I see a typical Restons response
    I am not sure what you asked for in your request but from the POC it should have been the contract and arguably the notice of assignment but they don't actually mention that.

    I don't really see much point in responding as you have an outstanding CCA request

    However you could use a Part 18 request to ask specific questions such as

    On what date was the notice of assignment issued
    On what date was the default notice issued
    What was the remedy date on the DN
    What was the remedy amount on the DN

    However that might be better left until you have your defence in

    Have you sent a SAR to shop direct? If not it will be money well spent if you do as it will tell you some of the answers to the above questions but who knows Restons will actually know it

    Have you posted elsewhere on the forum about the details of the debt? - just helps to give greater background and not duplicate advice given

    Your defence is due Monday so you need to get onto that - MCOL does often not work very well over the weekends

    I think in order to give a full defence you need to mention some of the things that they will need to prove to win
    1) Your S78(1) and it is S78(6) that bars enforcement during non compliance
    2) A S87(1) Default notice needs to be served in the correct format - you do not recall receiving one and you request the claimant be put to strict proof a compliant one was correctly served
    3) A notice of assignment between shop direct and the claimant should have been served , you do not recall receiving one and the claimant is put to strict proof etc
    3) In order to be able to bring a claim the claimant needs to be entitled to , the account needs to have been assigned in accordance with the Law of Property Act and the claimant etc etc
    4) The claimant is requested to produce the deed of assignment in order to prove an absolute assignment took place or else the claim should be struck out


    It is a load of techno babble and don't ask me what it all means

  4. #4
    DreamX's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Quote Originally Posted by charitynjw View Post
    Hi DreamX

    It's just their usual stock response to a CPR 31 request.
    You could make a Part 18 follow-up request for the same info....give them something to think about!
    Thanks for the quick reply!

    Is the part 18 follow up REQUEST in the templates section??

    Also...I need to start thinking about putting my defence in this weekend...should I just put it as a basic "failure to comply with cca/cpr request" style defence?

    Regards

  5. #5
    warwick65's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Part 18 requests are quite specific and as such there are no templates but you can google them

    Yes use a non disclosure template but modify it and include the areas i suggested

    maybe post it up here for a quick proof read

    I alway like 1.5 or double spacing , this makes it much easier to read, students have to use it

  6. #6
    charitynjw's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Quote Originally Posted by DreamX View Post
    Thanks for the quick reply!

    Is the part 18 follow up REQUEST in the templates section??

    Just a letter, headed CPR 18 request, [Capquest] v [DreamX] Claim no. [XXXXXXXX]
    Ask for the documentation again.
    You could also ask questions - "What happened....?", "Who did.....?", etc.
    But a Part 18 must be used exclusively for those purposes; no other issues should be included in the letter.
    It helps if each thing requested is numbered.
    Give them a reasonable time to comply......14 days? 28 days?
    As always, keep a copy & get proof of posting.

    Also...I need to start thinking about putting my defence in this weekend...should I just put it as a basic "failure to comply with cca/cpr request" style defence?
    Pretty much, yes.

    Regards
    ####
    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

  7. #7
    DreamX's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Thanks for all the help guys...

    Is there a default defence template I can use to get me started then edit/add the relevant information to my case?

    Regards

  8. #8
    Amethyst's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Defence Example

    Should give you a starting point
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  9. #9
    DreamX's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Hi again guys...

    I'm going to try and file my defence tonight so I'd be grateful if you guys could take a quick look...it's short and sweet hopefully!

    Thanks in advance!!

    -------------------------------------------------------------------------------------

    1: I received the claim D******** from the Northampton County Court
    on 05/05/2017


    2: Each and every allegation in the Claimants statement of case is
    denied unless specifically admitted in this Defence.


    3: This claim appears to be for a Catalogue Account agreement
    regulated under the Consumer Credit Act 1974.


    4: It is denied that the Defendant has previously entered into an
    agreement/agreements with Shop Direct for provision of credit.


    5: The Claimants statement of case fails to give adequate
    information to enable me to properly assess my position with
    regards the claim.


    6. The particulars of claim fail to accurately state when the
    agreement was entered into.


    7. The Claimants statement of case states that the account was
    assigned from Shop Direct to Capquest Investments Limited on
    23/05/2014. The Defendant does not recall receiving notice of this
    assignment.


    8. It is denied that Shop Direct served any Default notice on the
    Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant
    is required to prove that a compliant Default Notice was served
    upon the Defendant.


    9: On the 16/05/2017 I sent a request for inspection of documents
    mentioned in the claimants statement of case under Civil Procedure
    Rule 31.14 to Restons Solicitors. I requested the Claimant provide
    copies of the Contract and Notice of Assignment.


    10. Restons Solicitors has not sent any of these documents to me.


    11. On the 16/05/2017 I sent a formal request for a copy of the
    original agreement to Capquest pursuant to section 78 of the
    Consumer Credit Act 1974 along with the statutory £1 fee.


    12. The Claimant has failed to comply with s78 (1) Consumer Credit
    Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot
    enforce the agreement.


    13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a
    money claim, a defendant shall be taken to require that any
    allegation relating to the amount of money claimed be proved
    unless he expressly admits the allegation. Therefore It is
    expected that the Claimant be required to prove the allegation
    that the money is owed as claimed.


    14. I request the court orders the Claimants to provide the
    necessary documentation in order for me to fully plead my case
    else the Claim should stand struck out.


    15. In the event that the relevant documents are received from the
    Claimants I will then be in a position to amend my defence, and
    would ask that the Claimants bear the costs of the amendment.


    Statement of Truth


    The Defendant believes that the facts stated in this Defence are
    true.






    Signed …………………………………………


    Dated .................................................. ....

  10. #10
    warwick65's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Hi
    A couple of points - you are denying you ever had a shop direct account, is that true?
    Remember you are signing a statement of truth so telling porkies is not a good idea. Not remembering is very different from saying categorically you didn't.

    I don't see any harm in admitting you had , in the past some financial dealings with shop direct but you can not recal the exact details - I certainly can't remember all the details of my credit agreement

    Where you say about assignment you need to be putting them to prof that they have the right under statute ( i think is the phrase) to bring a claim and request disclosure of the deed of assignment to prove their rights
    @charitynjw - you are better than me at picking up details - any thoughts?

  11. #11
    DreamX's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Quote Originally Posted by warwick65 View Post
    Hi
    A couple of points - you are denying you ever had a shop direct account, is that true?
    Remember you are signing a statement of truth so telling porkies is not a good idea. Not remembering is very different from saying categorically you didn't.

    I don't see any harm in admitting you had , in the past some financial dealings with shop direct but you can not recal the exact details - I certainly can't remember all the details of my credit agreement

    Where you say about assignment you need to be putting them to prof that they have the right under statute ( i think is the phrase) to bring a claim and request disclosure of the deed of assignment to prove their rights
    @charitynjw - you are better than me at picking up details - any thoughts?
    Hey...thanks for the quick reply...

    That was just the wording of the defence template I pulled from here...would it sound better as "the Defendant is unable to identify such an account within his own records."

    Thanks

  12. #12
    warwick65's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Hi
    Yes I think so, the template is just that - a guide.

    You need to be very careful about making a statement of truth that the enemy could disprove, that might be a letter you have written or something else.

    My defence acknowledged I had previous dealings with the credit card company but was unable to identify the details from the particulars

  13. #13
    charitynjw's Avatar

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    Default Re: Restons/Capquest VS DreamX

    It is denied that the Claimant is entitled to the relief as claimed or at all.
    Tack that on the end, just above the statement of truth. (Numbered appropriately)
    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

  14. #14
    DreamX's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Hi again guys,

    Bit of an update on this one...after submitting my defence I received a letter from restons basically saying that my defence would not stand up etc etc and that I should admit. That was back in June and I've not heard anything since? I've logged into the moneyclaim online service and it simply says:

    *Your defence was submitted on 05/06/2017 at 08:01:55
    * Your defence was received on 05/06/2017 at 12:01:54

    There is nothing further after this? I was under the impression there was a time limit for submitting a defence? What steps should I take next?

    Thanks

  15. #15
    warwick65's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Once Restons have received your defence they have 28 days to decide if they wish to proceed or if the claim should become stayed. It would appear that this claim is stayed - if you want to double check give the court a call ( but not restons )

    Have you received any of the documents you have requested, either from Restons or Capquest?

    I must admit, considering the age of the account I am somewhat surprised they have not at least had a go at sending a recon of the agreement.

    If the claim is stayed, Restons will need to apply to lift the stay but that is usually just a tick box exercise and they will proceed. I would wait a while,(maybe until after xmas) see if they provide any documents and then review your options.

    Obviously if they do send anything or lift the stay , there will be someone willing to help
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  16. #16
    MIKE770's Avatar

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    Default Re: Restons/Capquest VS DreamX

    restons always send that template letter to try and unsettle you, up to them now

  17. #17
    DreamX's Avatar

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    Default Re: Restons/Capquest VS DreamX

    Quote Originally Posted by warwick65 View Post
    Once Restons have received your defence they have 28 days to decide if they wish to proceed or if the claim should become stayed. It would appear that this claim is stayed - if you want to double check give the court a call ( but not restons )

    Have you received any of the documents you have requested, either from Restons or Capquest?

    I must admit, considering the age of the account I am somewhat surprised they have not at least had a go at sending a recon of the agreement.

    If the claim is stayed, Restons will need to apply to lift the stay but that is usually just a tick box exercise and they will proceed. I would wait a while,(maybe until after xmas) see if they provide any documents and then review your options.

    Obviously if they do send anything or lift the stay , there will be someone willing to help
    Hi again,

    Sorry for the slow reply...yes, restons did actually send me a copy of the agreement but that's all I have received to date.

    I'll just leave it until christmas then.

    Thanks

  18. #18
    charitynjw's Avatar

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    Default Re: Restons/Capquest VS DreamX

    If it were me I'd phone the court to check, as @warwick65 suggested above.

    Belt & braces.......
    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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