Restons / Capquest Shop Direct Claim

[sytra]

Re: Restons / Capquest Shop Direct Claim

Lol!
Am I that transparent?
Yes, I think so, but as it is an old response, best to see what the CPR request reveals.

In the SAR we did a couple of months ago, Shop Direct sent another recon agreement apparently from acc opening but it is identical to the first 2 pages Capquest sent, the last 2 pages are what Capquest sent as agreement and T & C from date of default and account closure.

See if Restons reply to CPR with an agreement and t&c although looking at others previous dealings we don't hold out much hope.

[sytra]

Re: Restons / Capquest Shop Direct Claim

Ok,
Acknowledged the claim online.

CPR 31 sent to Restons asked for contract and assignment.

Not sending another CCA request to Capquest as already done in 2013 and don't want to give them another opportunity to get things right.

SAR Shop Direct in Nov 2016 so not doing again. SD wrote saying there was no agreement but they have sent a blank replica.

Am I correct on dates that defence has to be in on Sun 12th Feb?

Thankyou

[sytra]

Re: Restons / Capquest Shop Direct Claim

A couple of other things:

1, A Caroline Donnelly was supposed to have signed the agreement, as was pointed out before, the first record of her with SD is in sep 07, a month after agreement started.

So could she have signed the agreement in Aug?

2, The SAR from SD says the account was assigned to Capquest on 12/11/2012.

Claim form says it was assigned on 21 Dec 2012

3, The SAR copy of assignment is dated 4th Jan 2013.

The original assignment is dated 28th Feb 2013

4, The amount being reported to CRA is rounded up to nearest pound.

Is this inaccurate reporting?


Are any of the above worth complaining about? Can any of them make a difference to the outcome?

[sytra]

Re: Restons / Capquest Shop Direct Claim

Sorry to be a pain, but can someone confirm the date I need to submit a defence, by my reckoning it is Sun 12th Feb?

To date (still a few to go) Restons have not replied to the CPR 31

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

Sorry to be a pain, but can someone confirm the date I need to submit a defence, by my reckoning it is Sun 12th Feb?

To date (still a few to go) Restons have not replied to the CPR 31

Court claim issue date 10th Jan, according to your previous post.
So the 33 days are up 12th Feb, but as that is a Sunday, the following day, Mon 13th, is ok. 4pm latest.
But the Claimant/sols may yet take advantage of the 28 day extension offered in your CPR letter.

[sytra]

Re: Restons / Capquest Shop Direct Claim

Well, update, received a response from Restons to the CPR 31 request, you will be very surprised to hear it is different to a lot of the others on here, still utter rubbish but different all the same.

Starts off with the usual "We would point out blah blah"

then they obviously have not read the request properly or they are just numpties as they then go on to say, the Documents we requested are not "mentioned" in the particulars of claim so CPR 31.14 does not apply.


They then go back to the usual blurb the POC are specific enough and contain enough info to file a defence.

Well, in the request we asked for the "contract" and "assignment" both of which are mentioned. Just sent another letter disagreeing with their response and giving them 7 days to supply the info and agree to a 28 day extension, both of which I doubt we will get....

Going to start on a defence now, just incase we don't the 28 days extension!

Also, probably nothing and clutching at straws but,

1: on Noddle it has the default balance as a little over £1,100, the POC says the default balance is £1,659 (it is £1659 after SD added all the interest onto the account when selling) [if we could get it back to £1,100 we would clear it off now]. is this worth mentioning in the defence?

2: Noddle have the balance as £1659 from Jan 13 to May 15 then it jumps up £1 to £1660, yet apparently no interest has been added, I can see what they have done, they have just rounded it up to the nearest £, can they do this?

[sytra]

Re: Restons / Capquest Shop Direct Claim

Just noticed the POC state the claimant as Capquest Investments Ltd.

Doing a search on FCA register their licence comes up as Lapsed, am I correct or like everything else looking at it the wrong way?

If correct and it has lapsed can they still bring the claim?

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

Capquest Investments Ltd seem to operate under the Arrow Global Group FCA permission?

[sytra]

Re: Restons / Capquest Shop Direct Claim

Ok thankyou, blown that one out then lol

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

Capquest Investments Ltd seem to operate under the Arrow Global Group FCA permission?

Ok thankyou, blown that one out then lol

You could contact the FCA for confirmation/further info.

& if it were me I'd do some sleuthing.
The original agreement was Shop Direct Financial Services.
But the 2nd agreement/T&C's, & the DN, are Shop Direct Finance.
Did you ever receive a notice of assignment from the former to the latter?
I can't see that SDFS ever traded as Isme (ie the DN).

[sytra]

Re: Restons / Capquest Shop Direct Claim

@charitynjw

Thanks for the info, we have contacted the FCA to try and clarify the matter surrounding Capquest, Arrow etc etc.

With regards to your other hints, the original agreement was with Shop Direct Financial Services Ltd, as far as I know no assignment from SDFS to SDFC was sent, and nothing shows up in the logs in the latest SAR we did.

In the SAR SD responded with we have been unable to locate the original signed CCA for account xxxxxxxxx, however we have enclosed a blank copy CCA detailing the T&C's at account opening.

We asked for Copies of all T&C's covering upto and including date of default/termination, they responded with refer to point 1 (above). We only got the one set of T&C's and agreement so would that say the account was never changed to SDFC?

The assignment to Capquest Investments Ltd says the outstanding debt from Shop Direct Financial Services, so either the agreement was never amended to SDFC, in which case the default notice (in my eyes is bad) mentions the wrong creditor on and account that didn't exist OR if the agreement did change the assignment is wrong and should be SDFC.

from what I can figure out also on the FCA site:
Shop Direct Financial Services - 312194, were no longer authorised from 12/1/10, so could the original agreement still be valid, could the account still be terminated and sold on as SDFS over 2 years later??

ISME was never part of SDFS, instead as you say it was part of SDFC, ISME show as a trading name and active under SDFC on FCA from 28/12/12 after the account was terminated and sold to Capquest.

Marshall Ward was part of SDFC from 15/4/10 - 28/12/12 again according to the FCA.

On another note, sent a second CPR 31.14 to Restons, basically just reiterating the first and asking for a further 28 days to file the defence, so far no reply so not too hopefull, they are still adamant no CCA request has been sent, just good job we have proof here.

Felt like telling them that over the course of the account their client would have received enough documents and they should consult their own records!!

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

It does appear a bit fishy.
In any event, if they can't show a papertrail of assignments from the original company & also can't show that you have been notified of same assignments, they have a big problem or several.
It also will cause problems with the Default Notice.
But don't let them know where they have failed..........:tinysmile_twink_t2:

[sytra]

Re: Restons / Capquest Shop Direct Claim

[MENTION=5553]charitynjw[/MENTION]

Capquest Investments Ltd seem to operate under the Arrow Global Group FCA permission?

Had an interesting response back from the FCA, see what you think, if any good it may help others in the same boat:
They say:
Our Financial Service Register

I have searched our financial services register (FS Register) which is a public database of all the firms we authorise and regulate. I’ve found a firm called ‘Capquest Investments Limited’ that had a licence with us that is now lapsed as of 30^th September 2015, firm reference number 625156.

I’ve also carried out a search under ‘Capquest Investments LTD’ and Capquest Investments’ and no results have been found. I’ve also searched under the name ‘Capquest’ I have 6 results.

Searching for the firm ‘Arrow Global Limited’ I’ve found a firm reference number 718754 but I’m unable to find a connection between the two firms.

FCA

A firm needing regulation with us would be in relation to debts for consumer credit activities or regulated financial services.

Next Steps

It would be really helpful if you can provide further information as to your concerns regarding these firms as this may be something that we need to look into regarding ‘Arrow Global Limited’ regarding their conduct and if you believe that ‘Capquest Investments Ltd’ are doing an activity that you believe should be regulated with us.

[MIKE770]

Re: Restons / Capquest Shop Direct Claim

What are Capquest’s registration details?

We abide by the strictest regulatory standards which means we operate at the highest possible ethical level. Below are the details of our licence and registrations numbers:

Capquest Investments Limited is registered in England and Wales with company number 05245825. Its registered office is at Belvedere, 12 Booth Street, Manchester M2 4AW. Your account is administered by Arrow Global Limited (“AGL”) for Capquest Investments Limited (“CIL”). AGL is part of the Arrow Global Group (and has the same registered office as CIL). AGL is part of the Arrow Global Group and is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities. AGL is registered on the Financial Services Register under registration number 718754. AGL is registered in England and Wales with company number 05606545.

Capquest Debt Recovery Limited is registered in England and Wales with company number 03772278. Its registered office is at Belvedere, 12 Booth Street, Manchester, M2 4AW. Capquest Debt Recovery Limited is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities, and is part of the Arrow Global Group. Capquest Debt Recovery is registered on the Financial Services Register under registration number 721513.

Capquest Mortgage Servicing Limited is registered in England and Wales with company number 05821008. Its registered office is at Belvedere, 12 Booth Street, Manchester, M2 4AW. Capquest Mortgage Servicing Limited is authorised and regulated by the Financial Conduct Authority. It is registered on the FCA register under number 467051.

[sytra]

Re: Restons / Capquest Shop Direct Claim

@MIKE770

What are Capquest’s registration details?
Capquest Investments Limited is registered in England and Wales with company number 05245825. Its registered office is at Belvedere, 12 Booth Street, Manchester M2 4AW. Your account is administered by Arrow Global Limited (“AGL”) for Capquest Investments Limited (“CIL”). AGL is part of the Arrow Global Group (and has the same registered office as CIL). AGL is part of the Arrow Global Group and is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities. AGL is registered on the Financial Services Register under registration number 718754. AGL is registered in England and Wales with company number 05606545.

I did see this, but Arrow Global Limited 718754 don't have Capquest Listed as a trading name with the FCA, and Arrow Global Group doesn't exist on the FCA register.