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Restons Solicitors/Capquest Investments vs ecalid

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  • Restons Solicitors/Capquest Investments vs ecalid

    Received a claim: Yes
    Issue Date: 23/06/17
    Amount Approx: 5582.28 ( inc £410 court fee, £100 legal costs)
    Claimant: Capquest Investments Limited
    Solicitor: Restons Solicitors Limited
    Original Creditor: Littlewoods Catalogue (Shop Direct)
    Particulars of Claim: 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 Jan 19 2012 and assigned to the Claimant on Nov 21 2014.
    Is the debt Statute Barred: No
    Letters: None sent so far.


    Hello, I have been reading a lot of the threads on this forum for a little under 2 months now, some old debts have been sold on and the legal proceedings have now come into fruition which has left me a little bit worried.

    The background of these debts are predominantly through unfortunate circumstance. I was working full time, quite happily paying off my catalog when work suddenly dried up and redundancies were looming. Also during this time I had been massively bereaved by the death of my mother so as you can imagine, rational thought
    took a seat on the shelf.

    Ultimately I was made redundant through a poor Bradford score which was a consequence of looking after my terminally ill mother upon breakdown of care arrangements.

    Subsequently after the re-payments fell through an insane amount of interest was added to the catalog and payday loans and credit cards were taken out to fulfill their demands. It was only a matter of time before I hit a brick wall and all payments had stopped. Consequently now I am in an excess of £7000 worth of debt to a flurry of collection agencies.

    I have since moved away from the address but inevitably the papers were delivered to my new address, however
    the papers are addressed to my old address even though I am on the electoral role as living elsewhere.

    I have prepared the CCA form ready and the CPR form could do with some more information but I need to know what options I have and what is the necessary procedure for this.

    Please help me!

    Thanks!
    Last edited by ecalid; 27th June 2017, 19:47:PM.
    Tags: None

  • #2
    Re: Restons Solicitors/Capquest Investments vs ecalid

    Originally posted by ecalid View Post
    Received a claim: Yes
    Issue Date: 23/06/17
    Amount Approx: 5582.28 ( inc £410 court fee, £100 legal costs)
    Claimant: Capquest Investments Limited
    Solicitor: Restons Solicitors Limited
    Original Creditor: Littlewoods Catalogue (Shop Direct)
    Particulars of Claim: 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 Jan 19 2012 and assigned to the Claimant on Nov 21 2014.
    Is the debt Statute Barred: No
    Letters: None sent so far.


    Hello, I have been reading a lot of the threads on this forum for a little under 2 months now, some old debts have been sold on and the legal proceedings have now come into fruition which has left me a little bit worried.

    The background of these debts are predominantly through unfortunate circumstance. I was working full time, quite happily paying off my catalog when work suddenly dried up and redundancies were looming. Also during this time I had been massively bereaved by the death of my mother so as you can imagine, rational thought
    took a seat on the shelf.

    Ultimately I was made redundant through a poor Bradford score which was a consequence of looking after my terminally ill mother upon breakdown of care arrangements.

    Subsequently after the re-payments fell through an insane amount of interest was added to the catalog and payday loans and credit cards were taken out to fulfill their demands. It was only a matter of time before I hit a brick wall and all payments had stopped. Consequently now I am in an excess of £7000 worth of debt to a flurry of collection agencies.

    I have since moved away from the address but inevitably the papers were delivered to my new address, however
    the papers are addressed to my old address even though I am on the electoral role as living elsewhere.

    I have prepared the CCA form ready and the CPR form could do with some more information but I need to know what options I have and what is the necessary procedure for this.

    Please help me!

    Thanks!
    Has anybody got any input on this? :/

    Comment


    • #3
      Re: Restons Solicitors/Capquest Investments vs ecalid

      In the CPR Request form am I right in thinking I can only request the documents that are addressed in the Particulars of Claim section of the claim form? Sorry, I am a bit confused.

      Comment


      • #4
        Re: Restons Solicitors/Capquest Investments vs ecalid

        just mention those mentioned on the N1 form for now

        - - - Updated - - -

        just mention those mentioned on the N1 form for now CPR 31.14 Request Free no charge to solicitors

        - - - Updated - - -
        CCA Request as well with a £1.00 Postal Order send a ll recorded delivery

        Comment


        • #5
          Re: Restons Solicitors/Capquest Investments vs ecalid

          I'm sorry could you elaborate for me, as you can imagine i'm a novice in this.

          I've provided a scan of the N1 claim form for your perusal.

          https://ibb.co/dBGta5

          Comment


          • #6
            Re: Restons Solicitors/Capquest Investments vs ecalid

            contract and assignment mentioned on N1 form amend the cpr request to mention these

            Comment


            • #7
              Re: Restons Solicitors/Capquest Investments vs ecalid

              Ok thank you. What should I do in regards to acknowledging the claim / defending the claim

              Comment


              • #8
                Re: Restons Solicitors/Capquest Investments vs ecalid

                Originally posted by ecalid View Post
                Ok thank you. What should I do in regards to acknowledging the claim / defending the claim
                Bump!

                Should I file an empty defence for now? Pending the results of the CCA and CPR requests?

                I know this is quite a linear case, obviously I take full responsibility for my actions. But does this mean that I shouldnt fight it??

                Are these DCA genuinely entitled to his amount of money??

                And does the fact that they have sent me letters to my new address but actually sent the claim to my old address have any bearing on the situation??

                Ultimately I don't want a CCJ. Thank you so far for your replies.

                Comment


                • #9
                  Re: Restons Solicitors/Capquest Investments vs ecalid

                  If you haven't acknowledged the claim you should do so now, this gives you a bit more time before you have to file your defence. Your claim wasn't issued till 23rd June so your defence won't actually be due in until around 23rd July once you have acknowledged. That gives you time to get responses to your CPR and CCA requests, and write your defence.

                  Log in on Moneyclaim online ( details on front of the N1 form ) and acknowledge with intent to defend in full.

                  Check your dates || First Steps ||Defence Example

                  And does the fact that they have sent me letters to my new address but actually sent the claim to my old address have any bearing on the situation??
                  You may need to inform the court your address has changed so that you don't miss any documents. You can also mention it in your witness statement if you get that far along.

                  As the account was opened in 2012? then it is likely they will have the documents. So I would be sending a SAR (Subject access request) directly to Shop Direct to have a look at the transactions and how the interest and charges operated on the account, and see if there is any secondary defence you could look at using to get a lower settlement figure.
                  #staysafestayhome

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

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Restons Solicitors/Capquest Investments vs ecalid

                    Originally posted by Amethyst View Post
                    If you haven't acknowledged the claim you should do so now, this gives you a bit more time before you have to file your defence. Your claim wasn't issued till 23rd June so your defence won't actually be due in until around 23rd July once you have acknowledged. That gives you time to get responses to your CPR and CCA requests, and write your defence.

                    Log in on Moneyclaim online ( details on front of the N1 form ) and acknowledge with intent to defend in full.

                    Check your dates || First Steps ||Defence Example


                    You may need to inform the court your address has changed so that you don't miss any documents. You can also mention it in your witness statement if you get that far along.

                    As the account was opened in 2012? then it is likely they will have the documents. So I would be sending a SAR (Subject access request) directly to Shop Direct to have a look at the transactions and how the interest and charges operated on the account, and see if there is any secondary defence you could look at using to get a lower settlement figure.
                    Ok thank you, I will do this.

                    So in regards to the acknowledgement on moneyclaim, am I able to put TBA in the defence box and continue with the next steps and amend this later? Would completing this constitute an acknowledgement and allow the extra time?

                    Forgive me I am a novice at this.

                    In regards to repayments, there is an incoming and outgoings form in the response pack, should this be filled in now and sent off so in the event that the judgement is put through they will be able to set up a fair plan. The last thing I want is for the court to assume I am earning in excess of 30k a year when in fact I am on essentially a zero hour contract.

                    Thank you.

                    Comment


                    • #11
                      Re: Restons Solicitors/Capquest Investments vs ecalid

                      nothing in defence box that follows after

                      Comment


                      • #12
                        Re: Restons Solicitors/Capquest Investments vs ecalid

                        You shouldn't need to type anything in - just tick the "I intend to defend in full" box. Are you going to do it on Moneyclaim online or on paper ?



                        In regards to repayments, there is an incoming and outgoings form in the response pack, should this be filled in now and sent off so in the event that the judgement is put through they will be able to set up a fair plan. The last thing I want is for the court to assume I am earning in excess of 30k a year when in fact I am on essentially a zero hour contract.
                        You don't need to worry about that yet, and you only fill that in if you are admitting and offering to pay the full or partial amount and want the CCJ.
                        #staysafestayhome

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

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Restons Solicitors/Capquest Investments vs ecalid

                          suggest you read other threads and get the layout of the way it runs, the reading of 1st steps is a start anyway, read it and digest the system used it helps you a lot to follow rule

                          Comment


                          • #14
                            Re: Restons Solicitors/Capquest Investments vs ecalid

                            Originally posted by Amethyst View Post
                            You shouldn't need to type anything in - just tick the "I intend to defend in full" box. Are you going to do it on Moneyclaim online or on paper ?





                            You don't need to worry about that yet, and you only fill that in if you are admitting and offering to pay the full or partial amount and want the CCJ.
                            I intend to do it on the website but it seems abit complicated and I cant find a step by step guide.

                            Thank you Mike forgive me if I come across as adolescent in this field I have read the first steps and been surfing through some cases for a little over a month, I don't posess much in the way of a legal doctrine so I have little confidence in putting this knowledge into practice.

                            The 3 forms will be printed and posted hopefully by tonight, its just acknowledging the debt that is confusing at the moment.

                            Comment


                            • #15
                              Re: Restons Solicitors/Capquest Investments vs ecalid

                              we all started out as you and understand what stage you are at. no problem.

                              Comment

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