Court Claim Capquest Investments Ltd

[siwel]

Issue Date: 04/05/17

Amount approx: 840 with costs

Claimant: Capquest Investments Ltd

Solicitor: Drydens limited

Original Creditor: Next Retail
Particulars of Claim: 1. The claim is for the sum of £xx in respect of monies owed by the defendant on a credit agreement held by the defendant with Next Retail upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from Next Retail to the claimant, and the defendant has been notified of the assignment by letter.
Contact drydensfairfax solicitors.

Is the debt Statute Barred?No last payment July 2012

List any letters you have sent: None at this moment

Any Other Info:this is my wife's debt from an account the went into arrears in 2007. Over time the debt had been paid and halved. Last payment was July 2012 and not really heard anything then on 3rd May a letter from drydensfairfax arrives stating that a county court claim has been issued and today the claim form arrived. As this debt is so old is it likely that the CCA will be found to enforce it? Also we have a disabled daughter with a life limiting condition so my wife only receives carers allowance as our daughter needs constant care, she has no other income. As this is not my debt will the court want to know household income?
I have composed some letters but want advice on whether to defend this or not.

[warwick65]

Re: Court Claim Capquest Investments Ltd

Hi

Lets hope they will not be able to get the agreement
Does your wife remember just how she opened the account
In store,
|Over the phone
Online
Something else?

So first things first
As described above
Acknowledge the claim with your intention to defend all, do not put ANYTHING else on the form

Send a CCA request to Capquest
Send a CPR 31.14 request to the solicitors asking for
The agreement
The default notice
The notice of assignment
The Deed of assignment

By the way- did you receive a letter , maybe two or three weeks ago saying it was a letter before action or letter of claim saying they would take action if you did not reply

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi

My wife cannot recollect how it was taken out but it was around 2001 and she didn't have internet so probably over the phone. Prior to the solicitors letter she hasn't received a letter from capquest for some time and they have been mostly ignored. All letters were in her maiden name as well.

We intend to send the following letters worded as so:

Drydens Limited
4^th Floor
Fairfax House
Merrion Street
Leeds
LS2 8BX
8^th May 2017

Dear Sirs,

Claim Number:

Request for documents mentioned in a statement of case under CPR 31.14

On 06/05/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence no later than 6^th June 2017.

1. Credit Agreement
2. Default Notice
3. Notice of Assignment
4. Deed of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 8^th May 2017.

I look forward to hearing from you.

Yours sincerely

- - - Updated - - -

Next Retail Ltd
Desford Road
Enderby
Leicester
LE19 4AT

6^th May 2017

Re: Customer Number

Sent by recorded delivery.

Dear Data Protection Officer

Re: Subject Access Request – S.7 Data Protection Act 1998.

Under the Data Protection Act 1998 I request that you supply me with all data in your possession that relates to me and am entitled to under Section 7(1) of the Act.

If you store older records on microfiche, the Information Commissioner clearly states that you must send me this in fully legible and comprehensible form.

I hereby request the following information;

a) A true copy of the signed credit note (credit agreement)
b) The Deed of Assignment
c) Novation Agreement
d) Statements of Accounts
e) Duplicate statements or print out of all transactions
f) Copies of any stored telephone calls
g) All internal/external emails sent by you
h) All internal/external letters sent by you
i) All computer logs, notes, transcripts and memos stored on your computer
j) Details in any format of ALL information disclosed to a third party by you and to who and why
k) A true copy of the terms and conditions when the account was opened
l) A true copy of any subsequent amendments to those terms and conditions
m) True copies of any Notice of Assignment
n) True copies of any default notices, court orders or pending legal action
o) Information related to any charges such as returned payments etc, please include your breakdown of the actual costs and your liquidated damages
p) All information that is stored by you, by any means of storage.
q) All handwritten notes, memos and letters sent by you
r) All information held by you and any of your other companies, including all of the above requests for each company

If you are unable to comply with any of the above listed requests, you must inform me of such and give your reason why you can not comply.
I enclose the maximum £10 statutory fee to access all the data that you hold about myself. You have 40 days in which to comply with this request as under The Data Protection Act 1988 regulations. Failure to comply with this request will result in a complaint to the Information Commissioner's Office and potential legal action.

If you need advice on dealing with this request, the Information Commissioner's Office can assist you and can be contacted on 0303 123 1113 or at http://www.ico.org.uk



Yours sincerely

- - - Updated - - -

Capquest Investments Limited
20-22 Bedford Row
London
WC1R 4JS
6^th May 2017

Dear Sir/Madam

Re:− Account Number

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

[warwick65]

Re: Court Claim Capquest Investments Ltd

Looks good

Make sure you follow the court timescale whatever any of the firms may say
Make sure you get the acknowledgement done

[siwel]

Re: Court Claim Capquest Investments Ltd

Acknowledgement of service all done.

What happens if they produce all the information? How do we defend all in that case? How will the claim progress?

[warwick65]

Re: Court Claim Capquest Investments Ltd

More than one way to skin a cat as they say

Lets's just wait and see what , if anything they produce and what the SAR throws up.

Remember, at this stage, what is sent to you for the SAR is for your eyes only i.e the claimants do not need to know- in fact it would be potentially bad if they did

An example of a case I heard of recently
The claimant sent a reconstructed DN with a date on, the SAR showed that in fact the DN had been sent on a completely different date

[pt2537]

Re: Court Claim Capquest Investments Ltd

Next? Is this a next catalogue account that they are pursuing?

I litigated a ton of Next cases when i was at Watsons, back in 2008 and they admitted that there wasnt an signed agreements for any of the cases. can your partner remember how this account was opened?

[siwel]

Re: Court Claim Capquest Investments Ltd

Warwick65: hopefully they cannot produce as CCA as the wife thinks it was either done by post or on the phone back around 2000-2001. I thought we would be best to send a SAR to see what they have on her.

pt2537: Yes this account was initially a Next Directory account that then added a store card to it. It was so long ago my wife cannot recollect exactly how it was taken out and do companies hold information from so long ago? It did pass to Moorcroft in 2007 of which payments were made as the initial debt was alot more.

[warwick65]

Re: Court Claim Capquest Investments Ltd

I recently sent a SAR to a company about reclaiming charges and got back details from 2000, an account I had forgotten about.

[siwel]

Re: Court Claim Capquest Investments Ltd

Hi

It has now been over 7 days since sending the CPR request and have not heard a thing. What kind of letter do I send now and how best do I word it as they have not replied within the specified period?

[pt2537]

Re: Court Claim Capquest Investments Ltd

Hi

The options are at this stage either to speak to the solicitors and agree with them an extension of time for filing your defence, this can be done under CPR rule 15.5 which you would need to read up on.

The alternative is to file a Defence now setting out your position, the difficulty with doing that is that the Defence will need to be amended later and you may incur further fees in making the application to amend later

[siwel]

Re: Court Claim Capquest Investments Ltd

Would it not be best that another letter is sent stating they have not complied with the previous letter as then it is in writing as nothing is documented in a phone conversation?

[pt2537]

Re: Court Claim Capquest Investments Ltd

Would it not be best that another letter is sent stating they have not complied with the previous letter as then it is in writing as nothing is documented in a phone conversation?

Yes, protocol normally is to keep everything in writing, when i deal with companies like drydens i call them to ask them to agree an extension for the Defence only, and back that up with written confirmation of the discussion.

The issue you have is that you only have a limited time to file a defence, and if you dont have the documents you need then you will either have to agree an extension or file a Defence with the basic facts pleaded.

There is an alternative, and that is to apply for disclosure but that carries risks, and costs consequences if it fails.

[siwel]

Re: Court Claim Capquest Investments Ltd

Would it be best to send the following letter as we had not had a response yet?

Dear xxxxxxxxxxxxxxx

Claim Number: XXXXXX - xxxxxxxxxxxxxv YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX relating to a debt allegedly previously owed to xxxxxxxxxxxxxxxxx.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the xxxx xxxxxx 2014 I would appreciate a response by return.

Kind regards

XXXXXXXX

[pt2537]

Re: Court Claim Capquest Investments Ltd

Would it be best to send the following letter as we had not had a response yet?

Dear xxxxxxxxxxxxxxx

Claim Number: XXXXXX - xxxxxxxxxxxxxv YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX relating to a debt allegedly previously owed to xxxxxxxxxxxxxxxxx.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5. My Defence would therefore be due by 4pm on....................................2017

I require your response by 4pm on

In the unlikely event that your client refuses my reasonable request for an extension or fails to respond by the deadline above, then i shall have no option but to make an application to the Court for an order allowing the extension.

I also reserve the right to refer to the contents of this correspondence on the question of costs and conduct should an application become necessary

Yours faithfully
XXXXXXXX

Thats ok as a start although id add the following amendments above