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Restons/Capquest VS DreamX

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  • Amethyst
    replied
    Re: Restons/Capquest VS DreamX

    Defence Example

    Should give you a starting point

    Leave a comment:


  • DreamX
    replied
    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

    Leave a comment:


  • charitynjw
    replied
    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
    ####

    Leave a comment:


  • warwick65
    replied
    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

    Leave a comment:


  • DreamX
    replied
    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

    Leave a comment:


  • warwick65
    replied
    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

    Leave a comment:


  • charitynjw
    replied
    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!

    Leave a comment:

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