Restons / Capquest Shop Direct Claim

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

Hi syrta

Did you ever respond to the FCA's invitation to follow up your concerns re authorization?

[Amethyst]

Re: Restons / Capquest Shop Direct Claim

Okay cool, tbh I really would leave it, if it was corrected it would have exactly the same effect on the credit rating as it is now, you could, once the court claim is concluded, ask the claimant (creditor) to correct the data reported to the CRA's to remove the court fees ( if that's why it has gone up) - but even if you win the claim against you the actual debt data will still stay on the file until the 6 years from the Default marker.

So now you just give court a call around 14/15th if you haven't heard anything back re your defence.

[sytra]

Re: Restons / Capquest Shop Direct Claim

Hi syrta

Did you ever respond to the FCA's invitation to follow up your concerns re authorization?

Not yet, was waiting to see what happened with this claim and also did a FOI request to the FCA so was waiting on their response.

The FCA replied that regardless of any buy out or takeover Capquest Investments Limited cannot use any license issued to Arrow Global Limited as Capquest are NOT an Appointed Rep of Arrow Global Limited (AGL do not have any appointed representatives), if any company has interim permission (not in this case) then they are not allowed an appointed rep. Capquest Investments Limited do not hold an active FCA licence, Capquest debt recovery do not have Capquest Investments Ltd as an AR.

While I appreciate what has been said previously re the fca, capquest etc not having a bearing on this claim (i think the claim is going to be stayed and we have much stronger arguments we are relying on) I am going to reply to the FCA and bring up my concerns, if nothing else it might get the FCA to force them to register.

[sytra]

Re: Restons / Capquest Shop Direct Claim

Okay cool, tbh I really would leave it,

So now you just give court a call around 14/15th if you haven't heard anything back re your defence.

Thanks [MENTION=6]Amethyst[/MENTION] the Mrs is going to leave it alone, she was just annoyed that they have added the fees before they had even won them.

[sytra]

Re: Restons / Capquest Shop Direct Claim

[MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION]
Thanks for your advice, as of 4pm yesterday the courts nor my wife had heard anything from the claimants, by my reckoning the 15th was the 33 days (defence submitted and received on 10th feb) they were allowed to respond so looking as though claim will be stayed (while we would rather it was finished with, stayed is the next best thing).

Would it be best to call the court again to find out if it is stayed?

Will the court stay the claim automatically after the cut off date or will it take a few days to get through the system?

If it has to go through the system and the claimant files anything before it is stayed will their response be accepted?

Thanks

[MIKE770]

Re: Restons / Capquest Shop Direct Claim

need to give court a few days to catch up on any paperwork, then ring!

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

As [MENTION=3599]MIKE770[/MENTION] says, give it a few days.
If it were me, I'd probably phone on Monday for an update.

[sytra]

Re: Restons / Capquest Shop Direct Claim

As [MENTION=3599]MIKE770[/MENTION] says, give it a few days.
If it were me, I'd probably phone on Monday for an update.

Ahhh We called this morning before I saw this post but no matter the claim has been stayed.... thanks everyone.

[sytra]

Re: Restons / Capquest Shop Direct Claim

Well. a blast from the past!!! The Mrs just received a letter from Capquest saying she never responded to their letter dated earlier in Nov (no letter was received) and they have included an income / expenses sheet, now thats very kind of them. However, they also say they will commence litigation in 14 days if the form and response is not received.

Now, I have told the Mrs not to worry as this is for the exact same account as the claim on hold in court since earlier this year, I have told her not to respond to them in anyway shape or form but If they should try litigation should we inform them of the case on hold?

[Diana M]

Re: Restons / Capquest Shop Direct Claim

The Mrs just received a letter from Capquest saying she never responded to their letter dated earlier in Nov (no letter was received) and they have included an income / expenses sheet, now thats very kind of them. However, they also say they will commence litigation in 14 days if the form and response is not received.

Now, I have told the Mrs not to worry as this is for the exact same account as the claim on hold in court since earlier this year, I have told her not to respond to them in anyway shape or form but If they should try litigation should we inform them of the case on hold?

I think the exact wording of the letter will be important.

Was there any mention of making an Application to strike out your Defence or did they ask you to withdraw your Defence etc?

The claim has been stayed since March. If they want to continue with the proceedings then they can apply to the court to lift the stay which is unlikely to be refused.

You don't know what was in the letter which they say they sent earlier in the month so it's hard to guess the importance of it. Maybe they sent further documentation? Perhaps that letter got lost in the post.

Di

[sytra]

Re: Restons / Capquest Shop Direct Claim

Hi Diana M,
reading the letter they just sent it sounds as though they have no idea of the previous claim, we have checked with the court and the claim is still stayed the last paperwork they received was our defence. I have copied the letter below, there is no mention of the previous claim ref:

We write further to the above matter.

Our records indicate that we are not yet in receipt of a response to our letter dated xx/11/2017.

We wish to reiterate that it is always our preference to seek settlement of such matters without the need for either party to incur the time or costs of litigation.

We can confirm we may be able to offer a discount off the total balance if this will facilitate settlement. If this is not an option, we may be able to consider payments by installments. Please note any settlement or payment arrangement agreed will be considered in line with your current financial circumstances.

Accordingly, please contact our office at your earliest convenience with any proposals for settlement you wish to submit. please complete and return the enclosed financial statement along with your proposals for settlement.

Should we not hear from you within 14 days of the date of this letter, we may consider proceeding with litigation against you, this is something we want to avoid if at all possible.

[sytra]

Well.... it's been well over a year since we heard anything from Capquest or Restons.

This morning a pack arrives from Capquest in which they are seeking to lift the stay and apply for summary judgment.

There is a change of representative where Restons are no longer acting for them and Capquest Investments Limited / Arrow Global are now acting for themselves. the application notice is as follows:

Claimants Name
Capquest Investments Limited
(A ref number is here)

Defendants Name
My Mrs

1. What is your name or, if you are a legal representative, the name of your firm?
Arrow Global Limited

2. Are you Claimant, Defendant,, Legal Represetative, Other
Other

3. What order are you asking the court to make and why?
The Claimant seeks an order for the stay on proceedings to be lifted, and summary Judgment pursuant to CPR r24.2(a)(ii) and (b) and/or an order striking out the defendants defence pursuant to CPR r3.4(2)(a).

The claimant pleads that the defendants statement of case has no real prospect ogf successfully defending the claim.

The claimant draws the defendants attention to the CPR r24.5(1)(a) and (b) which stated that if the defendant wishes to rely on written evidence at the hearing, he must file the written evidence, and serve copies on every other party to the application at least 7 days before the summary judgment hearing.

Question is, whats the best way to hit this now?

in the package, they claim to have sent a letter in May 2018 saying that they will be revisiting the court claim if no communication, however, this letter was never received, instead my wife had letter from capquest saying that they own the account and and it was basically a pre action letter nothing like the one claimed to have been sent.

I will post again later when i can see the relevant paperwork from before and now

[Amethyst]

Presumably the alleged May 2018 letter enclosed full copies of all the documents previously requested. Of course they did send some docs back before they commenced litigation originally but it's the requests sent since the claim was issued ( CCA and CPR ) that matter.

I can't see a copy of your defence posted on here - do you still have a copy?

I see you had a letter in November which seemed to have forgotten they were already at court. Do you have a copy of the letter you did actually receive in May ?

Obviously you can challenge/defend against the application, but first I think you should write back to capquest asking for a copy of the alleged letter sent in May. And also maybe check with court that they have received the application, notice of change of rep, & fee etc.

[Amethyst]

Just reading back, the DN does give 14 days IF it was sent 1st class ( as it's dated 3rd and deadline is 17th - so there are 15 days but you wouldn't have received it until earliest 4th ) - but they still need to provide a copy in evidence in the case. It is odd how they haven't actually given any reason for the summary judgment application - just that "The claimant pleads that the defendants statement of case has no real prospect of successfully defending the claim." .... how is the court to know if that is true or not at all.

Should be falling off your credit file soon in any case.

[sytra]

Presumably the alleged May 2018 letter enclosed full copies of all the documents previously requested. Of course they did send some docs back before they commenced litigation originally but it's the requests sent since the claim was issued ( CCA and CPR ) that matter.
Since commencing the claim all that has been received was a recon agreement which i think is different to other copies since picked up elsewhere and a letter saying the default was issued and a screenshot saying it was produced.

I can't see a copy of your defence posted on here - do you still have a copy?
We do, i will post up later

I see you had a letter in November which seemed to have forgotten they were already at court. Do you have a copy of the letter you did actually receive in May ?
We will have I will find it out and scan it

Obviously you can challenge/defend against the application, but first I think you should write back to capquest asking for a copy of the alleged letter sent in May. And also maybe check with court that they have received the application, notice of change of rep, & fee etc.

Thank you for getting back, I will respond properly later when i get in.