Capquest Investments Ltd v admiral.adama

[admiral.adama]

Afternoon!

I've received a claim and the details are below. I've done AOS and I'm going to send a S78 to Capquest and a CPR to Restons. I was also thinking of sending an SAR to Aqua/SAV Credit/NewDay. Any recomendations?

Received a claim? Yes
Issue Date: 11/05/2017
Amount approx: £1,000
Claimant: Capquest Investments Ltd
Solicitor: Restons Solicitors Ltd
Original Creditor: SAV Credit Ltd
Particulars of Claim: Please type out in full excluding names/account numbers
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and SAV Credit Limited dated on or about Feb 02, 2011 and assigned to the claiman on Dec 13 2013.

PARTICULARS a/c no - XXXXX

DATE ITEM VALUE
27/03/2017 Default Balance 1000
Post Refrl Cr NIL

TOTAL 1000
Is the debt Statute Barred? No
List any letters you have sent: None as of yet
Any Other Info:

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

Hi & welcome to LB.

Can you recall with whom this agreement started it's life?

Was it a branded retailer card? (ie Debenhams, etc)

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Hey charitynjw,

It started as an Aqua Card sometime in 2011.

Thanks!

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

For your info
https://www.fca.org.uk/news/press-re...ress-customers

Just in case.....

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Thanks, charitynjw! I've not had any e-mails from Aqua so I'm guessing I won't be lucky enough to have fallen in to that group of customers. (edit: mine was pre-2014 so 'case by case' apparently. Though I wonder if I did do an SAR and got the breakdown whether I could bring the balance down?)

Using the CPR template I've amended it slightly. Could someone run their eyes over it? I've quoted their particulars of claim as from reading about Restons on the forum they look to be very awkward! Do I need to enclose a postal order with this? I'm going blind looking but I can't see anything in regards to payment and I'm sure I read something this morning. What is classed as reasonable copying costs?

On 13/05/2017 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 on 09/06/2017.
1. Agreement (‘…under a contract between the Defendant(s)…’)
2. Default Notice (‘Default Balance’)
3. Assignment (‘…assigned to the Claimant…’)


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, Monday 15/05/2017.

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

I would amend to

*All relevant Notices of Assignment.
*All relevant Deeds of Assignment.

*These to include all Notices & Deeds, from the original creditor through to the Claimant (your client, XXXXX), including those from any intermediate assignees/assignors.

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Thanks Should it read like the below or should I not ask for agreement and default notice:

1. Agreement (‘…under a contract between the Defendant(s)…’)
2. Default Notice (‘Default Balance’)
3. *All relevant Notices of Assignment.
4. *All relevant Deeds of Assignment.

*These to include all Notices & Deeds, from the original creditor through to the Claimant (your client, Capquest Investments Ltd), including those from any intermediate assignees/assignors

I would amend to

*All relevant Notices of Assignment.
*All relevant Deeds of Assignment.

*These to include all Notices & Deeds, from the original creditor through to the Claimant (your client, XXXXX), including those from any intermediate assignees/assignors.

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

Yes, contract & notice of default as well. (I'd put 'contract', as that is stated on the PoC).

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

That's brilliant. Thanks! I'm just wondering whether I should change 'Default Notice' to 'Evidence of default' as they don't specifically say 'Default Notice'. I don't need to enclose any fee do I?

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

No fee.
How bout notification of default?

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

No fee.
How bout notification of default?

That's great. Yeah I'll go with that too and get it posted. Thanks!

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

& always best to SAR the original creditor.

Keep copies of all letters & get proof of posting.

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

& always best to SAR the original creditor.

Keep copies of all letters & get proof of posting.

Will do! I've got my postal order but I got it blank. I'm going to write 'Capquest Investments Limited' but I also read somewhere that I should write 'for statutory use only'. Does it matter where I write this? I was just going to write it at the top. Don't want them to interpret as payment towards account I haven't acknowledged.

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

That'll be fine for the CCA request.
Also for the SAR, though minus the Cq reference......that one goes to the original creditor.

[MIKE770]

Re: Capquest Investments Ltd v admiral.adama

write on reverse for statuary purposes only