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CapQuest/Restons vs. Hawkster

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  • #46
    Re: CapQuest/Restons vs. Hawkster


    The question is, will I know if there is...? Anything in particular I should look for...?

    Comment


    • #47
      Re: CapQuest/Restons vs. Hawkster

      Originally posted by Hawkster View Post

      The question is, will I know if there is...? Anything in particular I should look for...?
      Agreement /transaction logs/ Notices of assignment/ default notice/date of last payment.

      nem

      Comment


      • #48
        Hello everyone! Everything worked out fine for this case and there had been no word on it at all... until now.

        I have received the letter below from Capquest to say that they have asked Resolvecall to take over the debt (but it appears that Resolvecall is a part of Capquest anyway).


        What is interesting is the date: it seems that they are starting something up at the exact six years point, minus a few months.


        My first thought was: is it now statute-barred or not?

        So my first question is:

        did my interaction with that unsuccessful Court Claim in 2016 count as acknowledging the debt?


        Next question:

        How to proceed?
        Send a new CCA request?


        Thank you so much!

        Capquest.jpg
        (Not sure why the debt amount has gone up since then either!)
        Last edited by Hawkster; 26th May 2022, 21:02:PM.

        Comment


        • #49

          Another letter today. But it seems like the only threat they have right now is a home visit?
          (And I believe I can just totally blank that, because they can't demand it?)

          Is it okay to remain silent until they come up with... what?

          Just to reiterate, I'd heard nothing from anyone about this debt for the last almost-6-years and, so far during this new communication in the last week, I have not replied at all.

          I don't know if it's best to ignore them until they're actually saying something, or if there's something I can do now that will possibly make them back off, because this ran its course with the unsuccessful court claim and Shop Direct's inability to come up with much at all in November 2016?



          Capquest2b.png

          Comment


          • #50
            What was the outcome of the court case in 2016/2017? I cannot work that out from this thread.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #51
              Oh, sorry that wasn't clear, Atticus!
              There was no actual court case, I believe. I'm finding it hard to remember the process but
              I know I did everything as instructed by all the info here at Legal Beagles, and the date just went by without proceeding further. I think there was a point where they had to do something and didn't, so the date went by?

              Comment


              • #52
                I think that if any new case is threatened or brought, you can say that this claim was the subject of a court claim started in 2016. That ought to be grounds to stay a new claim as a duplicate process.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #53
                  see there is no human signatury on letter, resolvecall (old snotcall opps scotcall) these companies digging the lowest clerical scale these days, no truth or just guess they get away with out stating office error never.

                  Comment


                  • #54
                    ResolveCall just actually arrived at my front door, completely without warning!

                    No time or date was set anyway - though their letter did threaten that they would make a house call, which I just rejected totally as a bluff or intimidation tactic and didn't give it a second thought.

                    Are they even allowed to do this?

                    Also, they were holding their phone and seemingly 'working out' reading my name, but I didn't like the angle they were holding the phone at.
                    Looked like they could possibly have been recording. (Can't say for sure, obviously, but that was my feeling.)

                    They asked if they could speak to [my name] and I simply said, "No", closed the door and they left.

                    Wish I had thought of saying that no-one of that name lives here, but it took me the few moments that I had to work out where I'd seen the ResolveCall logo on their ID tag before.

                    Comment


                    • #55
                      If being recorded, would telling a lie have been your best idea of the week?
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #56
                        Fair point well made, Atticus! No need to let their bad behaviour drag mine to the same level.
                        However, they did get my honorific wrong, so technically...

                        Comment

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