Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

[Millsisintrouble]

Received a claim? Yes
Issue Date: 20-8-2014
Amount approx: 4107.75
Claimant: Capquest Investments
Solicitor: Drydenfairfax Solicitors
Original Credit: Shopdirect (additionsdirect)

Particulars of Claim:
1. The claim is for the sum of 4,107,75 in respect ofmonies owing by the defendant on a credit agreement held by the defendant with Shop Direct Group under account number ******** upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Shop Direct Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Help!
I've received this claim form from the County Court Business Centre and I know it says in the Sticky not to panic, but well I am! I work in finance (ironic I know) and if I get a CCJ then my career is basically over.

I would love any advice anyone could give me.

I have prepared the CCA request and the CPR request to send out tomorrow when the post office is open, and will complete the acknowledgement of the claim online. But I am terrified that if I go down the route of entering a defence, if capquest/drydens provide all the right documentation then I won't have a leg to stand on. Will this make it more difficult to set up a repayment plan if I need to?

I absolutely cannot afford to repay all the debt at once, but I could afford to repay a sensible amount each month (~£100). Does anyone know how likely it is that capquest/drydens would accept this?

A few more details-
I opened the account online in 2008.
The last payment I think was 2010.
The debt is real but the amount is much higher than I remember.

[Amethyst]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

As the agreement is from 2008 it is more likely they will have a copy of the documentation although I would still be requesting it via the CCA and CPR request as it puts you in a better position for negotiating later on. If there are missing documents or errors it is more likely they would accept a sensible offer of instalments.

If your priority is to avoid a CCJ due to your work then once you have their documentation responses (if in order) you should be able to negotiate a instalment plan

If they accept you might be able to negotiate that instalment order is backed up with a Tomlin order - which basically gives the claimants the security of knowing if you fail to make the instalment payment they will be able to apply for judgment, but while you make the payments the court claim is on hold and you do not have a CCJ entered on your credit file.

I've attached a basic example Tomlin Order just for reference.

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Thanks Amethyst for your quick reply, your advice is really helpful.
Am I right in understanding that if I reply to the court claim that I want to enter a defence I can change this later?
Could you point me in the direction of any examples of negotiation requests/letters?

[Amethyst]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Indeed, you can acknowledge and put intend to defend in full - and when it comes to defence date (28 days after you received the claim) you could just enter an admission and offer to pay. It's not binding, just gives you that extra bit of time to deal with things before risking a default judgment.

Negotiating wise, see what comes back from the CCA and CPR requests ....then negotiation can take place by email or over the phone if that's the way you want to go

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Thanks again for your quick reply, I'll wait for now then and see what comes back from the requests.

Is it ok to update this thread and get more help later on if I need it?

You've eased my mind a lot, thanks.

[Amethyst]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Yes of course, keep us updated, have a rant, ask any questions you like , just ramble, anything ... much prefer that than you disappearing off and suddenly appearing the day before a deadline in a panic So keep this thread updated with any responses you have as you go along and we'll help you as much as we can xx

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Hi,
Can I just check dates with someone?

My court claim is dated the 20th August (actually recieved it on 23rd August), so I have until the 17th September to enter a defence? Is that right?

I sent the CCA and CPR request on 26th August, and I have not had a response to either.

If I do not receive a response to either request, is the next step to request an extension to the deadline from Drydenfairfax?

Thanks in advance for any help!

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

I've received a letter today from Drydensfairfax stating-

'We acknowledge your letter dated 26th August....we have contact our client to clarify the current position and to request the documentation you require. In the meantime we can confirm that the matter has been placed on hold.'

Does this mean that the court claim is now on hold??? Should I send a copy of this letter to the court? Bit confused now!

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Could someone advise me please? I have three or four days left to enter a defence of extend and I'm a bit stuck as to what I should do?

[Kati]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

:bump: :bump2:

Hi @Millsisintrouble .... I'm afraid I can't help you personally, but I can bump your post up for you :tinysmile_grin_t:

In the meantime, have you done anything towards your defence??

Kati x

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Hi Kati,
Thank you.

No I have not done anything towards my defence yet, I have sent both a CCA and CPR request.

The only reply I have had is from Drydens, saying that they are requesting the documentation and that the matter is 'on hold'. Not sure what that means?

[Kati]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

You have done everything that is suggested here then?? http://www.legalbeagles.info/forums/...it-Court-Claim

Your defence should include a request for the matter to be left 'on hold' until you have responses from both your CCA and CPR requests

and I think you should think about what [MENTION=6]Amethyst[/MENTION] suggested in post #2:

As the agreement is from 2008 it is more likely they will have a copy of the documentation although I would still be requesting it via the CCA and CPR request as it puts you in a better position for negotiating later on. If there are missing documents or errors it is more likely they would accept a sensible offer of instalments.

If your priority is to avoid a CCJ due to your work then once you have their documentation responses (if in order) you should be able to negotiate a instalment plan

If they accept you might be able to negotiate that instalment order is backed up with a Tomlin order - which basically gives the claimants the security of knowing if you fail to make the instalment payment they will be able to apply for judgement, but while you make the payments the court claim is on hold and you do not have a CCJ entered on your credit file.

Have a go at getting something written up, and post it up on here we'll have a look through it and amend as necessary.

Kati x

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Thanks Kati, my apologies but I think I wasn't very clear in my last post.

I have done all of the following (the steps in your link)-

1. Acknowledgement entered on 25th August
2. CCA sent on 26th August
3. CPR sent on 26th August
4. Started a new post on here

I have thought about Amethyst's post and I would be happy to do a Tomlin order. Amethyst said 'once you have their documentation responses (if in order) you should be able to negotiate a instalment plan', I haven't received any documentation from Capquest or Dryden yet, only a letter from Dryden stating that they have requested the information from the creditors.

I've been reading through some other threads and the next step seems to be contacting the solicitors to request an extension for my defence, this looks better to the court?

Would it be better to request an extension and wait for the documentation to then proceed with negotiations, or should I enter a defence now and include a request for it to be put on hold?

Thanks again!

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Hi All,

Just a quick update on my case-

I managed to negotiate an extension to enter my defence with Dydrensfairfax. This ends on 17th October. I have not received any replies to my CCA or CPR request.

I have written up a defence I intend to enter (borrowed from elsewhere on the site :wub: ). If someone wouldn't mind could someone cast an eye over my defence and let me know if I should change anything?-

"1: I received the claim A5XE0925 from the Northampton County Courton 23 August 2014

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

3: The account number is a Shop Direct Account previously held by
me, however I am unaware of any debt owing

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

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

6: On the 26th August 2014 I sent a request for inspection of
documents mentioned in the claimants statement of case under Civil
Procedure Rule 31.14 to Drydensfairfax Solicitors. I requested the
Claimant provide copies of the Agreement, Default Notice and
Notice of Assignment.

7. Drydensfairfax Solicitors has not sent any of these documents
to me. I feel that it is impossible to defend against a claim when
there is no information with which to construct a proper defence,
nor indeed, admission.

8. On the 26th August 2014 I sent a formal request for a copy of
the original agreement to Capquest Investments Ltd pursuant to
section 78 of the Consumer Credit Act 1974 along with the
statutory £1 fee.

9. 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.

10: I have asked Drydensfairfax Solicitors if we may agree to
extend the time period allowed for filing of my defence pending
receipt of documents (as allowed under CPR 15.5), they have agreed
to extend the time period until 17th October 2014

11. 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.

12. At this stage without documentation I am unable to plead fully
to the claim. 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.

13. 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."

TIA

[Millsisintrouble]

Re: Court Claim - Capquest Investments / Shopdirect (additionsdirect) - 20-8-2014

Anyone? :tinysmile_cry_t: