Capquest investments verses Alpha47

[Alpha47]

Hello
I may need some help with this. Capquest has issued a county court claim on my son. He has ME/CFS and cannot do his own paperwork. I am his appointee, but have little knowledge of the court process. I have spent some time on this website reading what to do.

Received the claim on 18th May 2017

Issue date. 15/05/2017

Amount of claim £832.15

Claiment Capquest investments Ltd

Solicitor. Dryden's Ltd

Original creditor. Shop Direct

Particulars of claim

1. The claim is for the sum of £832.15 in respect of monies owing by the defendant on a credit agreement held by the defendant with Shop Direct
Under account no ..............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 Shop Direct to the claiment, and the defendant has been notified of the assignment by letter.
contact Dryden's solicitor's on 0113 823 3850

Last payment was 2013, no correspondence since.

Have back acknowledged service of claim said would defend in full

Sent CCA request on 24th
May 2017 was signed for on 25th May 2017

Sent CPR31.14 to Dryden's on 24th May 17, signed for on 26th May 17.

Would have liked to take the whole thing to sombody for help, but it is difficult with sombody who is still very poorly, still housebound and mostly bedbound. Would really appreciate any advice. It has come on top of the death of his father.

Thanks

[Amethyst]

Re: Capquest investments verses Alpha47

Hi Alpha, welcome to the forum, I'm very sorry for your loss. It does seem you have things under control and have taken the right steps in acknowledging the claim and sending the cca and cpr letters. You have until around 15th June to file your defence so there's no panic and it is a case of waiting for responses from drydens or capquest.
At the moment and putting a defence together ( at the moment this would be quite standard non compliance with cca etc) in the event they don't provide the documents.

Did you inform capquest & drydens of your authority on your sons account ? and the reasons for such ?

Would you happen to know when the shop direct account was first opened ? And do you know what it was for (e.g. Very ? ) ?

[Alpha47]

Re: Capquest investments verses Alpha47

Hi Amethyst

Thank you for the reply. Sorry it has taken me a few days to respond, had a bad week.

Barry signed these letters himself, I typed them he reviewed them, so saved using appointee thing. Not sure about when this started, about 2002, a Very account. He bought a notebook, and probably a couple of other things. He cannot remember that well they were years he was very I'll. The foggy brain is a real problem. If it matters I can try to find out?

I gave Capquest 12 days, with the bank holiday I think they have until 12th June to reply. A bit tight for defending. I have heard nothing yet. The solicitor was 7 days, I think that is about 8th in working days? Grateful for your help with this.

Regards
Alpha47

[charitynjw]

Re: Capquest investments verses Alpha47

Have you sent a SAR to Shop Direct?

I doubt it would be Very from 2002.

[Alpha47]

Re: Capquest investments verses Alpha47

Hi

The Shop Direct account is from about 2011 not 2002.

We Have had had a letter from Capquest. It says:-

Thank you for contacting us. We have forwarded your request for documentation under the consumer credit act 1974 to Shop Direct and will send this documentation to you as soon as we receive it.

yours sincerely

xxxxxxxxxxx

what is the next move please? Do you think I should ask for the SAR?
I was not planning on giving them extra time to find more documents. Could I just enter defense of CCA and CPR31.14 not being produced on or before 15th June?

Thanks for your help

Alpha 47

[Alpha47]

Re: Capquest investments verses Alpha47

Could somebody let me know if I post defence before 15th June please.

[charitynjw]

Re: Capquest investments verses Alpha47

Firstly, if the claim was issued 15th May, the 33 days allowed for filing a defence is up on 17th June.
As that is a Saturday, Mon 19th (4pm) would be the latest.

As for the date of the original agreement, I'm a little confused.
You have previously mentioned 2002.
Was there another agreement signed?

[Alpha47]

Re: Capquest investments verses Alpha47

Hello Charitynjw

Thank you for clarification on the date for having the defense in. The date of 2002'was an error, it should have been 2011. There is only one debt, no other agreement.

Many thanks
Alpha47

[charitynjw]

Re: Capquest investments verses Alpha47

Ok.

Definitely send the SAR.
& if you haven't received any of the other requested info by the time it comes to submitting your defence, just use the defence example top of this thread & tweak it to suit your case.

[Alpha47]

Re: Capquest investments verses Alpha47

Thanks for the information Charitynjw. I hope to send the SAR tomorrow. I can work on the defence over the weekend. The 19th of June gives a bit more breathing space. I appreciate the help. Not heard from the other side at all.

[Alpha47]

Hello
The claim from Capquest was stayed after they failed to produce the documents I had requested.
A couple of day's ago we received a N244 with a letter saying they ( now Arrow Global ) were going to apply,to lift the stay, charging £255 and court fees of £60.
I have looked through the documents but I do not know how legitimate they are. Could somebody have a look and let me know if there are any faults in them. The account balance is now £702 before the charges. The first claim was for £833?

Apparently the account was opened in 2006 to buy a TV, it was faulty and was returned. My son does not remember buying anything until 2012 when he bought things to the value £500. Defaulted on it in 2013 due to illness.
The payment summary in the middle of the bundle make no sense whatsoever as there are payments in 2007 right through to 2012 when nobody used the account. Would be grateful for any help with this. I am going to try to upload the documents from Arrow Global.
Having trouble uploading will try and do it later
Alpha