Capquest Investments Ltd v admiral.adama

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Evening

I received a letter from Capquest Debt Recovery Limited today stating they've forwarded my request for documentation under the CCA 1974 to Aqua Credit Card and will send as soon as they receive it.

Just a quick question as well: can Capquest Investments Limited legally collect this debt as their FCA permission has lapsed? A thread I read on another website stated that they'll (not sure if it was Capquest also) be working on a 'service agreement'. I'm just wondering, if that's so and they can legally collect the debt, should they notify me about this 'service agreement'?

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Hi all,

Yesterday I received Restons standard "you've previously been provided T&C before" letter. Their letter also states, as seems to be normal, that they've not mentioned the other documents and therefore CPR does not apply. Yet they mention there's a 'default balance' and that it was 'assigned'.

1. Contract (‘…under a contract between the Defendant(s)…’)
2. Notification of default (‘Default Balance’)
3. All relevant Notices of Assignment.* (‘…assigned to the Claimant…’)
4. All relevant Deeds of Assignment.* (‘…assigned to the Claimant…’)
*These to include all Notices & Deeds, from the original creditor through to the Claimant (your client, Capquest Investments Limited), including those from any intermediate assignees/assignors.

Over the page they note that I've asked CapQuest for the credit agreement and they'll seek their client's instructions. Not sure why?

[warwick65]

Re: Capquest Investments Ltd v admiral.adama

You could turn the tables on them by sending a part 18 request for the assignment details and the dev=fault notice . Google Part 18 and read up about them

Remember though, your defence is due in - I would also include the bit about their lapsed registration
[MENTION=87380]Diana M[/MENTION]

For the details about assignment have a read of the thread in the success stories about PRA v Diana Mayhew

[charitynjw]

Re: Capquest Investments Ltd v admiral.adama

Capquest Investments is part of the Arrow Global group.
AG are authorised by the FCA.
Whether Capquest are included under AG's 'umbrella'........??

[MIKE770]

Re: Capquest Investments Ltd v admiral.adama

Capquest Debt Recovery Limited is registered in England and Wales with company number 03772278. Its registered office is at Belvedere, 12 Booth Street, Mvoidanchester, 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 RegCapquest 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 RecCapquest 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.overy 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.ister under registration number 721513.

[MIKE770]

Re: Capquest Investments Ltd v admiral.adama

Capquest is part of the Arrow group and comes under Registration No:- 467051>>>

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Hi all,

I've started drafting based on one of the examples and other user's defences. Could you have a look please and advise?

IN THE NORTHAMPTONCOUNTY COURT (CCBC)

Claim No. XXXXXXXX


BETWEEN:



CapQuest Investments Limited
Claimant
- and –
Defendant
admiral.adama


_________________________________

DEFENCE
_________________________________

Preliminary Matters

1. The Claimant's claim form fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimant's pleadings are an abuse of process. The Claimant's pleadings are lacking detail, and there are no details as to when the alleged default occurred or the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued.
Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendant reserve the right to replead their defence should the Claimant replead its claim adequately

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


4. Each and every allegation in the Claimant's particulars of claim are denied unless specifically admitted in this Defence.


The Claim

5. The Claimant states the claim relates to an overdue balance with SAV Credit Limited but without further details the Defendant is unable to identify such an account within his own records.

6. The particulars of claim fail to state what the agreement was for. The Defendant believes it would have been finance as SAV Credit Limited issued credit cards and is unaware of any goods or non financial services supplied by SAV Credit Limited to its customers.

7. The particulars of claim state that the account was assigned to CapQuest Limited on 13^th December 2013. The claim does not state whether notice was served to the Defendant pursuant to the Law of Property Act 1925. The Defendant does not recall receiving notice of this assignment.

8. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimant's failure to plead its case adequately.

8. In respect of matters, which the Defendant is able to plead to, on the 15^th May 2017 the Defendant sent requests, by Royal Mail Signed For, for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.


9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant.

10. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that it's claimed the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

12. As allowed under CPR 31.14., the Defendant has also sent a request for inspection of documents on the 15^th May 2017 to the Claimant's representatives, Restons Limited. These documents are mentioned, referenced or inferred in their statement of case.
The Claimant's representatives refused to comply with this request and stated, "you would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.". The claimant's representatives also stated that the other documents are not mentioned in their Particulars of Claim, despite their Particulars of Claim mentioning/referencing the other documents.


13. Accordingly the Defendant asks the court to instruct the claimant to immediately release the documents mentioned, referenced or inferred in their claim else the Claim should stand struck out:

1. Contract (‘…under a contract between the Defendant(s)…’)
2. Notification of default (‘Default Balance’)
3. All relevant Notices of Assignment.* (‘…assigned to the Claimant…’)
4. All relevant Deeds of Assignment.* (‘…assigned to the Claimant…’)
*These to include all Notices & Deeds, from the original creditor through to the Claimant (Capquest Investments Limited), including those from any intermediate assignees/assignors.


14. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the claim out.

Default Notice

15. It is denied that the original creditor, SAV Credit Limited, served any Default Notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

16. Due to the Claimant's failure to allow the Defendant to inspect the Default Notice alluded to within the Claim form the Defendant is prejudiced.

17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears

18. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.


Notice of assignment


19. The Claimants statement of case states that the account was assigned from SAV Credit Limited to CapQuest Investments Limited on 13 December 2013. The Defendant does not recall receiving notice of this assignment.

Conclusion

Accordingly, the Defendant avers that

20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

22. Therefore, the Claimant's Claim should be dismissed and the Claimant should pay the Defendant costs.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true

Signed

Dated

[admiral.adama]

Re: Capquest Investments Ltd v admiral.adama

Hi all,

Just wondering if someone could have a look over the defence :-)?

Need to file by Tuesday I believe (but will have to do Monday!)

Thanks ;-)