Tweet
CapQuest/Restons vs. Hawkster
Received a claim? Yes
Issue Date: 28th Nov. 2016
Amount approx: £4555.58
Claimant: CapQuest
Solicitor: Restons
Original Creditor: Littlewoods
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 Jun 23 1994 and assigned to the Claimant on Jun 27 2014
PARTICULARS a/c no - XXXXXXXXX
DATE ITEM VALUE
17/10/2016 Default Balance 4555.58
Post Refrl Cr NIL
TOTAL 4555.58"
Is the debt Statute Barred? No
List any letters you have sent: I am about to acknowledge the claim online, and then send CCA Request and CPR (in which I just ask for the "contract" - correct?)
Any Other Info:
Here is a timeline of what happened with this debt:
February 27th 2009 - Told Littlewoods I could only afford token payments of £6 per month.
They refused to accept this during every phone call I made asking for charges not to be applied while I could only afford token payments.
March 2009 - Started paying £6 every month.
Littlewoods then added a charge of £12 every month, making the balance constantly rise,
while refusing point-blank to accept the payment plan and freeze charges.
This monthly charge was applied for 63 months, totalling £720.
June 2014 - CapQuest wrote to tell me they had acquired the account.
July 13th 2014 - Stopped standing order to Littlewoods until successfully switched over to CapQuest.
September 14th 2014 - Wrote to CapQuest, requesting credit agreement and statement of account.
October 11th 2014 - CapQuest sent statement of account, but no credit agreement.
Then total silence until two years later.
October 13th 2016 - CapQuest wrote to tell me Restons would be handling the account.
Restons then sent a couple of letters asking me to send a budget and start a payment plan,
which I ignored, and then the County Court Claim Form was sent on Nov. 28th 2016 and received today (30th Nov 2016).
--------------
I really don't think the years of monthly £12 charges are fair. Should CapQuest be able to pursue the debt in court, I would really like to admit to only part of the claim and see if it's possible that I would not have to pay the £720 they add up to. But if that means actually going to a court hearing, I'd rather just pay it than attend a court hearing...
Thank you for any advice or pointers, otherwise I shall just wait a while for answers to my letters and come back later in the 28 day period.
Issue Date: 28th Nov. 2016
Amount approx: £4555.58
Claimant: CapQuest
Solicitor: Restons
Original Creditor: Littlewoods
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 Jun 23 1994 and assigned to the Claimant on Jun 27 2014
PARTICULARS a/c no - XXXXXXXXX
DATE ITEM VALUE
17/10/2016 Default Balance 4555.58
Post Refrl Cr NIL
TOTAL 4555.58"
Is the debt Statute Barred? No
List any letters you have sent: I am about to acknowledge the claim online, and then send CCA Request and CPR (in which I just ask for the "contract" - correct?)
Any Other Info:
Here is a timeline of what happened with this debt:
February 27th 2009 - Told Littlewoods I could only afford token payments of £6 per month.
They refused to accept this during every phone call I made asking for charges not to be applied while I could only afford token payments.
March 2009 - Started paying £6 every month.
Littlewoods then added a charge of £12 every month, making the balance constantly rise,
while refusing point-blank to accept the payment plan and freeze charges.
This monthly charge was applied for 63 months, totalling £720.
June 2014 - CapQuest wrote to tell me they had acquired the account.
July 13th 2014 - Stopped standing order to Littlewoods until successfully switched over to CapQuest.
September 14th 2014 - Wrote to CapQuest, requesting credit agreement and statement of account.
October 11th 2014 - CapQuest sent statement of account, but no credit agreement.
Then total silence until two years later.
October 13th 2016 - CapQuest wrote to tell me Restons would be handling the account.
Restons then sent a couple of letters asking me to send a budget and start a payment plan,
which I ignored, and then the County Court Claim Form was sent on Nov. 28th 2016 and received today (30th Nov 2016).
--------------
I really don't think the years of monthly £12 charges are fair. Should CapQuest be able to pursue the debt in court, I would really like to admit to only part of the claim and see if it's possible that I would not have to pay the £720 they add up to. But if that means actually going to a court hearing, I'd rather just pay it than attend a court hearing...
Thank you for any advice or pointers, otherwise I shall just wait a while for answers to my letters and come back later in the 28 day period.
Comment