Yes, I have started another Restons thread!!

[fidelandche]

Hi,

I have had to start another thread for Restons as my wife got a court claim from Northampton County Court today. We have both checked the post for the past couple of months and no letter from them has appeared, so I guess a letter stating that my wife needed to contact them prior to any legal proceedings has been lost in the post.

The date on the claim is 16th June 2017 and its between the claimant - Capquest Investments who appear to have bought the debt off whoever acts on Shopdirect behalf.

So details of the claim are as follows - " The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and shop direct dated on or about Sep 21 2010 and assigned to the claimant on Jun 01 2012"

So, I know my wife has to go on line and defend the claim from there, what letters are needed to be sent? Is this a Statue Barred debt?

[Kati]

Re: Yes, I have started another Restons thread!!

Hi,

I have had to start another thread for Restons as my wife got a court claim from Northampton County Court today. We have both checked the post for the past couple of months and no letter from them has appeared, so I guess a letter stating that my wife needed to contact them prior to any legal proceedings has been lost in the post.

The date on the claim is 16th June 2017 and its between the claimant - Capquest Investments who appear to have bought the debt off whoever acts on Shopdirect behalf.

So details of the claim are as follows - " The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and shop direct dated on or about Sep 21 2010 and assigned to the claimant on Jun 01 2012"

So, I know my wife has to go on line and defend the claim from there, what letters are needed to be sent? Is this a Statue Barred debt?

CCA request http://legalbeagles.info/forums/show...y-of-Agreement
CPR request http://legalbeagles.info/forums/show...ic-information
SB'd is 6yrs from default with no payment or written acknowledgement

[fidelandche]

Re: Yes, I have started another Restons thread!!

OK, I will send these off today or tomorrow. As there has been no written acknowledgement from my wife or any payment but not sure of when the last payment was, how do we check to see if it is SB'd?

Is it best to send the CCA off to shop direct as they were the original owner of the credit/debt?

[charitynjw]

Re: Yes, I have started another Restons thread!!

Hi fidelanche

Ok
Acknowledge as soon as poss (there's no advantage in delaying)
For the time being, tick defend in full.
Don't write any dialogue at all in the 'defence' box.

I'll see if our [MENTION=49370]Kati[/MENTION] can move this thread to the court claim section of the forum. (It's easier that way to direct you to the template letters).

[fidelandche]

Re: Yes, I have started another Restons thread!!

Hi Charitynjw,

I did try to put this in the correct forum, but was unable to post there for some reason. Many thanks for trying to get this moved for me. I have already acknowledged this for my wife.

[fidelandche]

Re: Yes, I have started another Restons thread!!

For the CPR letter, what date do I need to put on for submitting the defence?

[charitynjw]

Re: Yes, I have started another Restons thread!!

19th July

[Kati]

Re: Yes, I have started another Restons thread!!

I'll see if our @Kati can move this thread to the court claim section of the forum. (It's easier that way to direct you to the template letters).

sorry ... forgot to do that (blame food being served lol). On it now xx

EDIT: done - and links added to post #2 for CCA and CPR xx

[charitynjw]

Re: Yes, I have started another Restons thread!!

[MENTION=49370]Kati[/MENTION]

Ta very much, Kati.

(See, I am capable of a civil response!......mind you, that's my allocated annual obligation sorted now! )

[Kati]

Re: Yes, I have started another Restons thread!!

(See, I am capable of a civil response!......mind you, that's my allocated annual obligation sorted now! )

you're ALWAYS civil with me hun ... although I'm scary enough to make sure you are

[fidelandche]

Re: Yes, I have started another Restons thread!!

OK, my wife has had a response from Restons in relation to her CPR letter, but not sure on what to do with their response. The letter states;

" We acknowledge receipt of your recent request made pursuant to CPR 31.14

We have also been served with a copy of your defence.

We would point out that the claim was issues via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for attachment of any enclosers. Paragraph 5.2A of Practice Direction 7E specifically states "the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

We would also remind you that CPR 31.14 states:-

A party may inspect a document mentioned in -

(a) a statement of case
(b) a witness statement
(c) a witness summary; or
(d) an affidavit

You would have been provided with a copy of the contractual terms and conditions, together with the contract, at the time the account was opened and hence we see no reason why you now require an additional copy

Furthermore, the other documents you have requested are not "mentioned" in the particulars of the claim and therefore CPR 31.14(1) does not apply

We would point out that the particulars of the claim contains sufficent information in order for you to understans what the claim relates to, namely:

a) the date the account was opened
b) the account number
c) the outstanding balance
d) the name of the original creditor; and
e) the fact the account has been assigned to the claimant and when it was assigned

you refer to your section 77/78 Consumer Credit Act request for documentation and have provided ourselves with a copy of the request. You have failed to provide evidence that the statutory fee of £1.00 has been made. Furthermore, we have yet to be informed by the claimant that a properly constituted documentation request has been filed.

We will respond to your defence in due course.

[Amethyst]

Re: Yes, I have started another Restons thread!!

Yep that is pretty standard response, nothing to worry about. Yes you could only argue they should provide the contract as that is the only document mentioned in their statement of case so far, but you're already requesting that under the CCA and only sent a copy to them for their reference, which is acknowledged.

So Shop Direct - what catalogue and was it opened online?

[fidelandche]

Re: Yes, I have started another Restons thread!!

It was littlewoods and it was opened in 2010 and there has not been any correspondence to them or any payment for about six years. In my wife's defense, we did put a bit about the debt being statued barred.

Also does my wife need to respond to the lette