Restons/Capquest VS DreamX

**charitynjw** · 2nd June 2017, 18:40:PM

Re: Restons/Capquest VS DreamX

Hi DreamX

It's just their usual stock response to a CPR 31 request.
You could make a Part 18 follow-up request for the same info....give them something to think about!

**warwick65** · 2nd June 2017, 18:42:PM

Re: Restons/Capquest VS DreamX

Hi

That is, from what I see a typical Restons response
I am not sure what you asked for in your request but from the POC it should have been the contract and arguably the notice of assignment but they don't actually mention that.

I don't really see much point in responding as you have an outstanding CCA request

However you could use a Part 18 request to ask specific questions such as

On what date was the notice of assignment issued
On what date was the default notice issued
What was the remedy date on the DN
What was the remedy amount on the DN

However that might be better left until you have your defence in

Have you sent a SAR to shop direct? If not it will be money well spent if you do as it will tell you some of the answers to the above questions but who knows Restons will actually know it

Have you posted elsewhere on the forum about the details of the debt? - just helps to give greater background and not duplicate advice given

Your defence is due Monday so you need to get onto that - MCOL does often not work very well over the weekends

I think in order to give a full defence you need to mention some of the things that they will need to prove to win
1) Your S78(1) and it is S78(6) that bars enforcement during non compliance
2) A S87(1) Default notice needs to be served in the correct format - you do not recall receiving one and you request the claimant be put to strict proof a compliant one was correctly served
3) A notice of assignment between shop direct and the claimant should have been served , you do not recall receiving one and the claimant is put to strict proof etc
3) In order to be able to bring a claim the claimant needs to be entitled to , the account needs to have been assigned in accordance with the Law of Property Act and the claimant etc etc
4) The claimant is requested to produce the deed of assignment in order to prove an absolute assignment took place or else the claim should be struck out

It is a load of techno babble and don't ask me what it all means

**DreamX** · 2nd June 2017, 18:50:PM

Re: Restons/Capquest VS DreamX

Originally posted by charitynjw View Post

Hi DreamX

It's just their usual stock response to a CPR 31 request.
You could make a Part 18 follow-up request for the same info....give them something to think about!

Thanks for the quick reply!

Is the part 18 follow up REQUEST in the templates section??

Also...I need to start thinking about putting my defence in this weekend...should I just put it as a basic "failure to comply with cca/cpr request" style defence?

Regards

**warwick65** · 2nd June 2017, 18:56:PM

Re: Restons/Capquest VS DreamX

Part 18 requests are quite specific and as such there are no templates but you can google them

Yes use a non disclosure template but modify it and include the areas i suggested

maybe post it up here for a quick proof read

I alway like 1.5 or double spacing , this makes it much easier to read, students have to use it

**charitynjw** · 2nd June 2017, 19:03:PM

Re: Restons/Capquest VS DreamX

Originally posted by DreamX View Post

Thanks for the quick reply!

Is the part 18 follow up REQUEST in the templates section??

Just a letter, headed CPR 18 request, [Capquest] v [DreamX] Claim no. [XXXXXXXX]
Ask for the documentation again.
You could also ask questions - "What happened....?", "Who did.....?", etc.
But a Part 18 must be used exclusively for those purposes; no other issues should be included in the letter.
It helps if each thing requested is numbered.
Give them a reasonable time to comply......14 days? 28 days?
As always, keep a copy & get proof of posting.

Also...I need to start thinking about putting my defence in this weekend...should I just put it as a basic "failure to comply with cca/cpr request" style defence?
Pretty much, yes.

Regards

####

**DreamX** · 3rd June 2017, 08:08:AM

Re: Restons/Capquest VS DreamX

Thanks for all the help guys...

Is there a default defence template I can use to get me started then edit/add the relevant information to my case?

Regards

**Amethyst** · 3rd June 2017, 08:09:AM

Re: Restons/Capquest VS DreamX

Defence Example

Should give you a starting point

**DreamX** · 4th June 2017, 19:31:PM

Re: Restons/Capquest VS DreamX

Hi again guys...

I'm going to try and file my defence tonight so I'd be grateful if you guys could take a quick look...it's short and sweet hopefully!

Thanks in advance!!

-------------------------------------------------------------------------------------

1: I received the claim D******** from the Northampton County Court
on 05/05/2017

2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3: This claim appears to be for a Catalogue Account agreement
regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an
agreement/agreements with Shop Direct for provision of credit.

5: The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.

6. The particulars of claim fail to accurately state when the
agreement was entered into.

7. The Claimants statement of case states that the account was
assigned from Shop Direct to Capquest Investments Limited on
23/05/2014. The Defendant does not recall receiving notice of this
assignment.

8. It is denied that Shop Direct 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.

9: On the 16/05/2017 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Restons Solicitors. I requested the Claimant provide
copies of the Contract and Notice of Assignment.

10. Restons Solicitors has not sent any of these documents to me.

11. On the 16/05/2017 I sent a formal request for a copy of the
original agreement to Capquest pursuant to section 78 of the
Consumer Credit Act 1974 along with the statutory £1 fee.

12. 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.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a
money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore It is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.

14. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

15. In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.

Statement of Truth

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

Signed …………………………………………

Dated .................................................. ....

**warwick65** · 4th June 2017, 19:43:PM

Re: Restons/Capquest VS DreamX

Hi
A couple of points - you are denying you ever had a shop direct account, is that true?
Remember you are signing a statement of truth so telling porkies is not a good idea. Not remembering is very different from saying categorically you didn't.

I don't see any harm in admitting you had , in the past some financial dealings with shop direct but you can not recal the exact details - I certainly can't remember all the details of my credit agreement

Where you say about assignment you need to be putting them to prof that they have the right under statute ( i think is the phrase) to bring a claim and request disclosure of the deed of assignment to prove their rights
[MENTION=5553]charitynjw[/MENTION] - you are better than me at picking up details - any thoughts?

**DreamX** · 4th June 2017, 19:46:PM

Re: Restons/Capquest VS DreamX

Originally posted by warwick65 View Post

Hi
A couple of points - you are denying you ever had a shop direct account, is that true?
Remember you are signing a statement of truth so telling porkies is not a good idea. Not remembering is very different from saying categorically you didn't.

I don't see any harm in admitting you had , in the past some financial dealings with shop direct but you can not recal the exact details - I certainly can't remember all the details of my credit agreement

Where you say about assignment you need to be putting them to prof that they have the right under statute ( i think is the phrase) to bring a claim and request disclosure of the deed of assignment to prove their rights
@charitynjw - you are better than me at picking up details - any thoughts?

Hey...thanks for the quick reply...

That was just the wording of the defence template I pulled from here...would it sound better as "the Defendant is unable to identify such an account within his own records."

Thanks

**warwick65** · 4th June 2017, 21:58:PM

Re: Restons/Capquest VS DreamX

Hi
Yes I think so, the template is just that - a guide.

You need to be very careful about making a statement of truth that the enemy could disprove, that might be a letter you have written or something else.

My defence acknowledged I had previous dealings with the credit card company but was unable to identify the details from the particulars

**charitynjw** · 4th June 2017, 22:02:PM

Re: Restons/Capquest VS DreamX

It is denied that the Claimant is entitled to the relief as claimed or at all.

Tack that on the end, just above the statement of truth. (Numbered appropriately)

**DreamX** · 12th August 2017, 18:19:PM

Re: Restons/Capquest VS DreamX

Hi again guys,

Bit of an update on this one...after submitting my defence I received a letter from restons basically saying that my defence would not stand up etc etc and that I should admit. That was back in June and I've not heard anything since? I've logged into the moneyclaim online service and it simply says:

*Your defence was submitted on 05/06/2017 at 08:01:55
* Your defence was received on 05/06/2017 at 12:01:54

There is nothing further after this? I was under the impression there was a time limit for submitting a defence? What steps should I take next?

Thanks

**warwick65** · 12th August 2017, 19:52:PM

Re: Restons/Capquest VS DreamX

Once Restons have received your defence they have 28 days to decide if they wish to proceed or if the claim should become stayed. It would appear that this claim is stayed - if you want to double check give the court a call ( but not restons )

Have you received any of the documents you have requested, either from Restons or Capquest?

I must admit, considering the age of the account I am somewhat surprised they have not at least had a go at sending a recon of the agreement.

If the claim is stayed, Restons will need to apply to lift the stay but that is usually just a tick box exercise and they will proceed. I would wait a while,(maybe until after xmas) see if they provide any documents and then review your options.

Obviously if they do send anything or lift the stay , there will be someone willing to help

Restons/Capquest VS DreamX