CapQuest/Restons vs. Hawkster

[Amethyst]

Re: CapQuest/Restons vs. Hawkster

Well done. Can take a break for a couple weeks now xxxx Shout soon as you hear anything.

(you should get confirmation that your defence has been received in a few days )

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

31st Dec - Letter from the court to say that my defence was received.

I have been worrying that the SAR I sent to Shop Direct in December has been showing as undelivered on the Royal Mail track and trace system, but today I had a sudden and unexpected missed call from Shop Direct...

If they are ringing about receiving the SAR (I shall wait to hear from them by post to find out), is it really important that I can prove they received that SAR postal order and letter, and when...? Should I do anything...?

[Hawkster]

Re: CapQuest/Restons vs. Hawkster


Have now received a letter from Restons (arrived today - January 14th 2017).

Here it is - does it mean anything?
------------------------------------------------------------------------------------------------
Letter:

We note you have recently filed a Defence to the court proceedings issued against you.


A response to your request for documentation was sent to you by our firm on 15 December 2016.


By way of explanation, Capquest Investments Limited is a debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows: -


1 . The outstanding balance referred to in the particulars of Claim relates to a Mail Order facility with account number []. Our client's records indicate that the original Credit Agreement was dated on or about 23/08/1994;


2. Statements of Account would have been sent to you on a monthly basis during the lifetime of the account. Such statements will have identified any items of expenditure, payments made towards the account, the application of any contractual interest/charges and the outstanding balance;


3. You failed to maintain the minimum monthly payments as required by the Statements of Account and accordingly, Shop Direct terminated the Credit Agreement;


4. In line With the Terms and Conditions of the Credit Agreement, the original creditor had a contractual right of assignment. In other words, Shop Direct was entitled to transfer their rights and benefits under the Credit Agreement to a third party and that right was exercised on 27/06/2014. Around the time of the assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice of Assignment from Capquest Investments Limited.


Furthermore, this firm was instructed on 17/10/2016 and a letter before action was sent to you in compliance with the Practice Direction - Pre-Action Conduct and Protocols.


In light of the above, we respectfully suggest you check your own personal records as the documentation you have requested has previously been provided to you throughout the lifetime of your account.


In view of the information set out in this letter, we do not believe your Defence has any real prospect of success and we will therefore recommend to our Client that an application be made to strike out the Defence ond to enter Judgment against you for the full amount claimed, together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days.


We await your response.


Yours faithfully,
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[Diana M]

Re: CapQuest/Restons vs. Hawkster

Have now received a letter from Restons
Here it is - does it mean anything
Letter:
. . . we respectfully suggest you check your own personal records as the documentation you have requested has previously been provided to you throughout the lifetime of your account

it means they are trying to intimidate you into believing that you do not have a viable Defence while at the same time making a tacit admission that they don't currently have in their possession the documents they need to enforce the debt in court.

They're asking you to check your records for them when they should be asking their client (the Claimant) to produce them.

Since this claim is likely to be allocated to the Small Claims Track you don't have a duty to disclose what's in your files, so right now it's none of their business what you've got or not got.

It's a bit presumptuous to say that you "would have been" sent this and that. Creditors don't always do what they should do.

I see no reason for you to reply to that letter.

Di

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Thank you so much, Di!

[pt2537]

Re: CapQuest/Restons vs. Hawkster

it means they are trying to intimidate you into believing that you do not have a viable Defence while at the same time making a tacit admission that they don't currently have in their possession the documents they need to enforce the debt in court.

They're asking you to check your records for them when they should be asking their client (the Claimant) to produce them.

Since this claim is likely to be allocated to the Small Claims Track you don't have a duty to disclose what's in your files, so right now it's none of their business what you've got or not got.

It's a bit presumptuous to say that you "would have been" sent this and that. Creditors don't always do what they should do.

I see no reason for you to reply to that letter.

Di

Haha, yes banks never getting it wrong, whatever next.

Sadly for those lovlies at restons, that argument has been run and failed before.

HFO capital Limited v Wegmuller

Recorder Campbell said the following

27. Firstly, she submits that Barclaycard are and were a reputable large-scale organisation who had in 1996 a legal department and a compliance department and therefore, in effect, it is inherently unlikely that they would make the mistake of sending out an application form in a magazine without the prescribed terms stipulated in the Regulations to which I have referred, particularly as the Regulations has been in force for a number of years at that time.
28. That is a perfectly proper point for Miss Margiotta to make. However, it seems to me that it would be wrong for me to place too great a reliance upon that, particularly as one knows that there have been numerous more recent examples where financial institutions of similar size have on occasions made errors in terms of compliance with their financial services obligations.

[Joanna C]

Re: CapQuest/Restons vs. Hawkster

Haha, yes banks never getting it wrong, whatever next.

Sadly for those lovlies at restons, that argument has been run and failed before.

HFO capital Limited v Wegmuller

Recorder Campbell said the following

That's right PT. We are finding in the few cases that do actually reach trial there is a general acceptance with District Judges now, especially in cases involving debt purchasers that they need to prove their claim by producing the correct documentation and if they can't then the claim is dismissed. Its not like ten years ago where I remember District Judge's taking the opposite view!

[Hawkster]

Re: CapQuest/Restons vs. Hawkster



Two questions/events for you lovely people today!

Firstly, the SAR I sent to Shop Direct in December shows as undelivered on the Royal Mail track and trace system, but it definitely arrived with Shop Direct, as they replied today.
Is it really important that I can prove they received that SAR postal order and letter, and when...?
If so, I don't know how to achieve that now that the tracking has gone wrong....

Secondly, here is the letter I received from Shop Direct today. (It doesn't make perfect sense in its wording.) My SAR letter was a template from this site, and clearly asked for "all transaction lists, agreements, contracts, etc." so I don't understand why they are asking what I need or offering a "standard pack"...?
Should I reply with the same wording I used from your template or should I just wait and see what they send?

Thank you!

------------------------------------------------------------




Thank you for your recent request under the Data Protection Act 1998 for a copy of your personal information held by Shop Direct.

I have attempted to contact you to discuss if there is any specific information you require, but I have been unable to reach you.

Depending on the reason for the DSAR for instance if it is in relation to a complaint we can have this logged and it would be fully investigated by a complaint handler.

If your query is in relation to PPI we can provide this information free of charge, return your cheque and send you full details of any PPI applied to your accounts.


Therefore, we will process your £10.00 cheque and will provide you with our standard pack within the 40 day statutory time period.

If I can be of any further assistance in this matter, please contact me by telephone or by email.
Our opening hours are Monday-Friday 9.00am - 5.00pm.

Yours sincerely
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[charitynjw]

Re: CapQuest/Restons vs. Hawkster

Hi Hawkster

You sent a SAR; they've replied referencing that SAR.
I guess that's proof enough that one was sent.

They've given you contact details, so contact them & tell them you want all data relating to you held in any format.

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Thank you, charitynjw - I have sent this email:

Thank you for your letter.

As my letter stated, I require ALL data relating to me held in any format.

(I have quoted my letter again below for your convenience, as I believe it to be clear in its requests.)

Thank you in advance,

Sincerely,

[Diana M]

Re: CapQuest/Restons vs. Hawkster

It's none of their business why you want the information.

There's an Act of Parliament which says they have to supply everything relating to the 'subject' who requests access to that information.

Forgive my cynicism, but I'd be wary of telling any business the reason why I want the info for fear they may 'sanitise' the information before they dispatch it.

Di

[MIKE770]

Re: CapQuest/Restons vs. Hawkster


I have attempted to contact you to discuss if there is any specific information you require, but I have been unable to reach you. = Standard paragraph in most correspondence to you

yet phone log shows no contact from them. in my case.

[Hawkster]

Re: CapQuest/Restons vs. Hawkster

Thanx, Di - I did find it a bit strange that they said they wanted to know why. For a moment I wondered if they were generously trying to save me from spending my £10 - NOT! Ha!

Mike, in this case, they DID ring several times but I rarely answer the phone. Although... WHY they tried to ring me, delaying this for several weeks, when my request was completely clear in the first place, remains a mystery!

[Hawkster]

Re: CapQuest/Restons vs. Hawkster


A few days ago I received a great wodge of papers from Shop Direct in reply to my SAR. (Have been too busy to post or do more than a quick leaf through!)

Do I need to do anything with it, other than check carefully that there is no agreement/contract? (I'm pretty sure there isn't.)

[nemesis45]

Re: CapQuest/Restons vs. Hawkster

A few days ago I received a great wodge of papers from Shop Direct in reply to my SAR. (Have been too busy to post or do more than a quick leaf through!)

Do I need to do anything with it, other than check carefully that there is no agreement/contract? (I'm pretty sure there isn't.)

Check it carefully there may be something useful.

nem