Old shop direct account and Capquest

[SK01]

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 on 06/2017. On 18/05/2017 I received a later from court confirming ( Claimant have 28 days after that claim will be stayed)



If you could take a look at the attached files and advise me the best steps to respond to this?



Regards

[SK01]

Re: Old shop direct account and Capquest

Some more attachments...

[SK01]

Re: Old shop direct account and Capquest

Can anyone help please?

[Amethyst]

Re: Old shop direct account and Capquest

Afternoon SK01, Just having a read through your docs now, Thanks for posting everything up

[SK01]

Re: Old shop direct account and Capquest

Many thanks.

[Amethyst]

Re: Old shop direct account and Capquest

This is a draft of their application they are intending to send to the court to lift the stay and ask for Summary Judgment. As it is their fault they are having to apply to lift the stay I don't think they would have their costs awarded but it is a possibility it could result in the claim increasing by that £255 etc.

So account opened in 2009 and defaulted in 2013. They have provided the agreement recon ( an online agreement ) - the copy is version from November 2008 - which is likely to have still been in force in Jan 2011. Theres the prescribed terms in there and no reference to any other terms that aren't on that document ( that I can read anyway). The screengrab showing the Default Notice was sent early Sept 2013 and defaulted and sold to Capquest late Oct 13. Does that scan with your credit file?
The account was with VERY ? Is the interest rate right on the agreement ? ( I know they have different rates depending on your credit file - think mine was something batty like 49% ) and the transactions ( goods ordered) all look correct to you , and payments scan with your bank statements ?

The claim is for £897 ? I don't know what your defence was, or if there are any issues you had with the account particularly ? As this is quite a recent account and there isn't much in the way of charges or interest on it ( £77 interest / £60 charges ? ) and it seems to have been defaulted and sold quite promptly after payments ceased there likely isn't much of an argument there.

You could negotiate a settlement now with them, if you want to, you'd want to get something in writing to confirm that you will pay X per month over X months and the claim will remain stayed and be withdrawn once the debt has been paid off.

Otherwise you could proceed in pushing them for the default notice and notice of assignment as they haven't yet provided those, but as it is all relatively recent they are likely to be in order.

Not hugely positive there, but they haven't just put this in to the court without notice and so you have a window of opportunity to respond to them to either make points on the assignment/default/agreement or sort out a settlement plan without the need for the CCJ or any costs.

Just my view in any case xxx

[SK01]

Re: Old shop direct account and Capquest

Thank you for reply. My defence was I returned lot of stuff back which I have proof and those returned items were never credited which was the reason I stopped making payment. At the time the balance was only £200 something but despite i sent them so many emails to credit returned items they never did. They wrong to charge me for items i returned .

[SK01]

Re: Old shop direct account and Capquest

They also have not supplied itemised statements to show how balance came to more then £800 ? Dont they need to prove that in the court?

[Amethyst]

Re: Old shop direct account and Capquest

Okay when you had the issue with the returns ( which presumably don't show on that 'last 3 years' print out?) did you make any complaint to them in writing and do you still have copies of those emails ? Any postage receipts etc available?

I can see there are credits on the account of £610 - is that for the returned items?
I can't quite read the smaller text - the adjustments column - they are quite small amounts - are they adjusted interest etc or returns ?

How much do you believe you owed at the time you stopped making payments due to the dispute over the returned items ? and did you continue making purchases after then ?

You might need to send a SAR to VERY to get a full account history, but that's not going to get back to you for a while and this summary judgment potential application needs replying to.

Did you literally put just about the returned items in your defence or anything about the CCA / CPR requests as well ?

[SK01]

Re: Old shop direct account and Capquest

£610 credit for last 6 years . I stopped using account around mid 2013 and I have lots of complain emails and i think i still have return receipts from collection driver.

- - - Updated - - -

THIS THE CCA REQUEST I SENT

DATE: 19/06/17

CAPQUEST LTD
20-22 BEDFORD ROW
LONDON
WC1R 4JS


Dear Sir/Madam

Re:− Account Number XXXXXXXX
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


xxxxxxxxxxxxxx

- - - Updated - - -

CPR REQUEST


Date: 19/06/17

CAPQUEST LTD
20-22 BEDFORD ROW
LONDON
WC1R 4JS



Dear Sirs,

Claim Number: XXXXXXXXX

Request for documents mentioned in a statement of case under CPR 31.14
On 07/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand
5. Statement of Account
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely

XXXXXXXXXXX

[Amethyst]

Re: Old shop direct account and Capquest

They look fine, did you include the Consumer Credit Act request non-compliance in your Defence ?

How much were the returns worth that they didn't apply credits to the account for?

[SK01]

Hello again, I have received notice of hearing on 4th apr what are my options now? They can not provide me itemised statements which could show me how the balance cam to more then £1000?


thank you

[SK01]

Anyone please?

[Kati]

Amethyst xx

[Amethyst]

Is that all you've received ? Nothing with it relating to exchanging evidence and witness statements ?