Restons Solicitors/Capquest Investments vs ecalid

[Amethyst]

Re: Restons Solicitors/Capquest Investments vs ecalid

Moneyclaim online is a pain in the bum even when you know exactly what you're meant to be doing. I tried to make a setp by step guide, but I'm not sure it's that useful - you can have a look though http://legalbeagles.info/wp-content/...ne-Welcome.jpg

So on paper - you have this page ? JUST complete that page and send it to the Court address ( probably Northampton County court business Centre )

[Amethyst]

Re: Restons Solicitors/Capquest Investments vs ecalid

Ahhh I did this a while back, which although isn't a step by step does show the process. Just work through till you get to the Acknowledgment of Service - Confirmation - page.

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Ok guys thank you so much.

I know this sounds daft but would just offering to make repayments halt the ccj process or would it stop it completely. Are things now in motion that cannot be undone??

I've read about these restons solicitors and their haste in applying for this ccj speaks volumes, charging orders, attachment of earnings ect, are these guys just trying to fleece me for as much as possible?

Am I being autonomous by attempting to capitalize on their mistakes to wriggle myself out of this or would I be doing myself a favour and just offer up some payment.

Thanks.

[Kati]

Re: Restons Solicitors/Capquest Investments vs ecalid

Ok guys thank you so much.

I know this sounds daft but would just offering to make repayments halt the ccj process or would it stop it completely. Are things now in motion that cannot be undone??

now they've started court action you might as well follow through with it for the time being ... you can always make an offer later if needs be xx

[MIKE770]

Re: Restons Solicitors/Capquest Investments vs ecalid

at this stage keep going as they make mistakes, review a lot later down the line before actual case, peeps will have a better idea of the real situation at that time, many of the cowboys DCAs etc hope you do what you are suggesting that is their living off people who have no idea or are freightened, some countries they would not exist but being this one run by wimps!

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Ok so on the CPR request form I am struggling on which date to put in referring to "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.".

I just read that it refers to the last available date I can put in my defense, which would be 26/07/2017 am I right?

I have requested Contract & Details of Assignment, is this about as much as I can ask for or can I get more?

Also I've managed to find a good S.A.R request that another poster has used and as follows:

Re: Subject access request

Dear Sir or Madam
Please supply all data that your company holds relating to my entire account history. Whilst not exhaustive, for the avoidance of doubt I list below what I require:
· Full and legible copies of all contracts and agreements that have existed between myself and your organisation, including copies of any documents you hold in support of same. This is to include account no. [24250386]
· Full and legible copies of all statements relating to the above accounts. This is to include all credits, debits, charges & interest applied to my account(s) including details of any instances that required manual intervention. It is also to include monthly account balances.
· Full and legible copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.
· Full unedited copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.
· Full and legible copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
· Full details and legible copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.
· Full and legible copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.
· Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of the same, and at the time it was held or provided to a third party.
· If any data has been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or documents confirming details of destruction. If you are unable to provide such certificates, then I require a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.


Please be aware that the Data Protection Act 1998 clearly states that all information held must be disclosed and there is no correlation to the Limitation Act 1980 whatsoever. This request therefore lawfully includes any and all data which is older than six years. If you do not hold any data older than 6 years, then I require a signed declaration from your data controller confirming this, and a copy of all documents pertaining to its proper disposal.


All data - including data held on a microfiche or similar systems - must be provided within 40 days, and if you require a fee for this, then I enclose the maximum statutory fee of £10.00 – which must not be used for any other purpose. If you choose to waive all or part of the fee, then please be aware that you will still have a legal obligation to comply with this request. I thank you in anticipation of a prompt and full response and compliance.

Yours faithfully,



x

Does this seem about right?


Thanks.

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Also once I have posted the acknowledgement of service letter back to the county court, where do I enter my defense when it is necessary to do so, will the Moneyclaim Online account have updated to accommodate my intent to defend and allow me to input it online? Thanks.

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Also I have put this in my CPR request form.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 26/07/2017.
1.An accurate copy of the Contract including all Terms & Conditions
2.Accurate copies of all relevant Deeds of Assignment
3.Accurate copies of all Notices of Assignment

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Hi guys sorry to be a pain. I want to send off all my letters I just need conformation that what i'm sending is appropriate and correct. Abit of guidance on this matter if you can please.

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Bump?

I've sent off the court response, CCA and SAR request forms, still haven't sent the CPR form as I want to be accurate of what I am sending.

[ecalid]

Re: Restons Solicitors/Capquest Investments vs ecalid

Just a question, have i essentially hit terminal velocity with this case as there has been no feedback from anybody on here? I'm just woundering if I am at a standstill and need corrospondance from the DCA, Creditor and Solicitor before anybody can give any further insight.

Thanks.

[ecalid]

Restons Continued...

Ok so I am back I'm really not sure why my previous thread got phased out but I need some further advice from you guys.

By way of background...

Court letter from Restons recieved at my new address, addressed to my old address. Told the court where I live and all corrospondance should be delivered here.

Sent off CCA request + £1 P.O to DCA, CPR to Restons and SAR to Shop Direct (forgot to send £10 P.O although I am not sure I am legally obliged to???) all headered with my new address to return corrospondance.

DCA replied to my old address confirming receipt of my letter and they will send CCA shortly.

No reply from Restons.
No reply from Shop Direct

Defence due in under 6 days, really need your help guys! Everybody stopped answering me before, I'm not sure what I had said to warrant that but I thought you guys wanted to help :/

Thanks.

[Kati]

Re: Restons Continued...

Defence due in under 6 days, really need your help guys! Everybody stopped answering me before, I'm not sure what I had said to warrant that but I thought you guys wanted to help :/

We do want to help hun ... sometimes threads just drop down the page so far that they are missed (sorry) xx

Here's an example defence to get you started - http://legalbeagles.info/library/gui...-court-claims/

previous thread - http://legalbeagles.info/forums/show...ents-vs-ecalid

I'll tag [MENTION=6]Amethyst[/MENTION] [MENTION=98117]warwick65[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] for you too

[ecalid]

Re: Restons Continued...

So I'm typing up my defence as we speak.

Just a question, I have letters addressed here to my new current address from Restons but they had put the claim to be sent to my old address and there may be a chance that any further corrospondance (despite my efforts) will have been sent to my old address, but I cant get access to find out.

Do you think this was done purposefully to achieve a CCJ in a clandestine manner??

If so, is there any grounds for defence on this?

Also, I am still unsure when my defence will need to be put in, and how to do this online... The issue date was 23/6/17

[Kati]

Re: Restons Continued...

your defence is due 33 days after the issue date on the claim form (SEE HERE to check)