Capquest vs Slimrick. County Court Claim Form

[SlimRick]

Issue Date: 21 Nov 2016
Amount approx: 949.22
Claimant: Capquest Investments Limited
Solicitor: Restons Solicitors Limited
Original Creditor: Shop Direct
Particulars of Claim: Claim form attached
Is the debt Statute Barred? No
List any letters you have sent: Letter attached



Good morning all,
I came home from work yesterday to find this waiting for me in the post. I believe this may have been an account taken out in my name by an ex-partner in 2011. I receive numerous letters regarding accounts I have no knowledge of, most of these go away when ignored, but I guess not this one.
The date of default for this account according to my credit report is May 2017.
I have acknowledged the service online this morning and have printed the attached letter to send.

Do I just wait now until the statutory time limit has passed before I act further?

[nemesis45]

Re: Capquest vs Slimrick. County Court Claim Form

Issue Date: 21 Nov 2016
Amount approx: 949.22
Claimant: Capquest Investments Limited
Solicitor: Restons Solicitors Limited
Original Creditor: Shop Direct
Particulars of Claim: Claim form attached
Is the debt Statute Barred? No
List any letters you have sent: Letter attached



Good morning all,
I came home from work yesterday to find this waiting for me in the post. I believe this may have been an account taken out in my name by an ex-partner in 2011. I receive numerous letters regarding accounts I have no knowledge of, most of these go away when ignored, but I guess not this one.
The date of default for this account according to my credit report is May 2017.
I have acknowledged the service online this morning and have printed the attached letter to send.

Do I just wait now until the statutory time limit has passed before I act further?

Good morning Rick, welcome to LB,
The CCA request needs amending the Office of Fair Trading is defunct the regulator is now the Financial Conduct Authority (FCA).

Clarification please " default date May 2017?"

When did payments to the account cease?

nem

[SlimRick]

Re: Capquest vs Slimrick. County Court Claim Form

Good morning Rick, welcome to LB,
The CCA request needs amending the Office of Fair Trading is defunct the regulator is now the Financial Conduct Authority (FCA).

Clarification please " default date May 2017?"

When did payments to the account cease?

nem

Many thanks, I'll amend the letter accordingly.

The default date is taken from a Noddle credit report. I have no idea if payments were ever made on the account, if history is anything to go by I doubt it very much. My Noddle entry for this account is as follows:

Account type Mail Order
Account number **************3427 0
Account start date 10/03/2011
Opening balance £ 805
Repayment frequency Monthly
Date of default 02/05/2012
Default balance £ 805

[nemesis45]

Re: Capquest vs Slimrick. County Court Claim Form

Many thanks, I'll amend the letter accordingly.

The default date is taken from a Noddle credit report. I have no idea if payments were ever made on the account, if history is anything to go by I doubt it very much. My Noddle entry for this account is as follows:

Account type Mail Order
Account number **************3427 0
Account start date 10/03/2011
Opening balance £ 805
Repayment frequency Monthly
Date of default 02/05/2012
Default balance £ 805

Ok Rick,

Was there any dispute with SD?
nem

[SlimRick]

Re: Capquest vs Slimrick. County Court Claim Form

Ok Rick,

Was there any dispute with SD?
nem

Hi Nem,

There's been no communication directly or indirectly with Shop Direct at all.

[nemesis45]

Re: Capquest vs Slimrick. County Court Claim Form

Hi Nem,

There's been no communication directly or indirectly with Shop Direct at all.

So were goods delivered and/or signed for?

Just thinking Crapquest may get their hands on the purchase / returns log which together with an agreement are going to be difficult to defend.

nem

[SlimRick]

Re: Capquest vs Slimrick. County Court Claim Form

So were goods delivered and/or signed for?

Just thinking Crapquest may get their hands on the purchase / returns log which together with an agreement are going to be difficult to defend.

nem

That's quite possible, I have no idea what goods were ordered and delivered.
Perhaps this is just one more thing to remember a fairly disastrous relationship by. I already have her son who Social Services asked me to foster - perhaps I'll tell him that Santa's not coming this year as he's paying off someone else's bills.
:santawalk:

[charitynjw]

Re: Capquest vs Slimrick. County Court Claim Form

Why not SAR Shop Direct for the info.
At least then you should obtain all the facts, & be in a better position to rebut the claim.

[nemesis45]

Re: Capquest vs Slimrick. County Court Claim Form

That's quite possible, I have no idea what goods were ordered and delivered.
Perhaps this is just one more thing to remember a fairly disastrous relationship by. I already have her son who Social Services asked me to foster - perhaps I'll tell him that Santa's not coming this year as he's paying off someone else's bills.
:santawalk:

So the SD account was fraudulently opened in your name?

nem

[SlimRick]

Re: Capquest vs Slimrick. County Court Claim Form

Undoubtedly so, If there is a signature on any type of agreement, it will not be mine. Pursuing her for this would no doubt risk her trying to contact her son again, which he really does not want so if necessary I will pay it off, and any more that come my way although I think any others are statute barred and this is the last of them.

So the SD account was fraudulently opened in your name?

nem

[nemesis45]

Re: Capquest vs Slimrick. County Court Claim Form

Undoubtedly so, If there is a signature on any type of agreement, it will not be mine. Pursuing her for this would no doubt risk her trying to contact her son again, which he really does not want so if necessary I will pay it off, and any more that come my way although I think any others are statute barred and this is the last of them.

Hello Rick,

I suspect the account would have been opened online ( tick box signature) but it's worth getting the agreement.

You can state that until the claim arose that you had no knowledge of the account and have never ordered or received any goods or services from the original creditor ( which would be my approach)

nem