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Restons/Capquest VS DreamX

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  • DreamX
    started a topic Restons/Capquest VS DreamX

    Restons/Capquest VS DreamX

    Received a claim? Yes
    Issue Date: 02/05/2017
    Amount approx: 3500
    Claimant: Capquest
    Solicitor: Restons
    Original Creditor: Shop Direct
    Particulars of Claim: Please type out in full excluding names/account numbers: The claimant claims payment of the overdue balance from the defendant under a contrat between the defendant and shop direct dated on or about Dec 16 2011 and assigned to the claimant on May 23 2014 - Particulars a/c no ******** Date 20/03/2017 default balance - value 3535.95 - Post Refrl Cr - NIL - TOTAL 3535.95
    Is the debt Statute Barred? No
    List any letters you have sent: CCA and CPR
    Any Other Info:

    Hi guys! Hope you are all well!

    I'm just after some advice on the above claim if you don't mind...I have followed the advice from the forums so far and acknowledged the claim - Sent the CCA and the CPR. I've just come back from holiday and this is the response I've had from Restons... If you could take a look at the attached file and advise me the best steps to respond to this?

    Regards
    Attached Files
    Tags: None

  • MIKE770
    replied
    Re: Restons/Capquest VS DreamX

    Originally posted by DreamX View Post
    Is there anybody out there?!

    Scientist think there might be Alians out there

    Leave a comment:


  • warwick65
    replied
    Re: Restons/Capquest VS DreamX

    Only the truth!


    "Seriously probably not a great deal

    How long has it been stayed for?
    [MENTION=87380]Diana M[/MENTION] any thoughts?

    Leave a comment:


  • DreamX
    replied
    Re: Restons/Capquest VS DreamX

    Is there anybody out there?!

    Leave a comment:


  • DreamX
    replied
    Re: Restons/Capquest VS DreamX

    OK so a number of months have passed now and I still haven't heard anything... What is my next line of action?

    Thanks

    Leave a comment:


  • charitynjw
    replied
    Re: Restons/Capquest VS DreamX

    If it were me I'd phone the court to check, as [MENTION=98117]warwick65[/MENTION] suggested above.

    Belt & braces.......

    Leave a comment:


  • DreamX
    replied
    Re: Restons/Capquest VS DreamX

    Originally posted by warwick65 View Post
    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
    Hi again,

    Sorry for the slow reply...yes, restons did actually send me a copy of the agreement but that's all I have received to date.

    I'll just leave it until christmas then.

    Thanks

    Leave a comment:


  • MIKE770
    replied
    Re: Restons/Capquest VS DreamX

    restons always send that template letter to try and unsettle you, up to them now

    Leave a comment:


  • warwick65
    replied
    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

    Leave a comment:


  • DreamX
    replied
    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

    Leave a comment:


  • charitynjw
    replied
    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)

    Leave a comment:


  • warwick65
    replied
    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

    Leave a comment:


  • DreamX
    replied
    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

    Leave a comment:


  • warwick65
    replied
    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?

    Leave a comment:


  • DreamX
    replied
    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 .................................................. ....

    Leave a comment:

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements

If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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