Restons Solicitors/Capquest Investments vs ecalid

[Amethyst]

Re: Restons Continued...

June?

Aye xxx

9. On the 29/06/17 I sent a formal request for a copy of the original agreement to Capquest Investments Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

[ecalid]

Re: Restons Continued...

Amethyst

warwick65

Hello, FYI here is an update on the situation.


Defense has been submitted.
Littlewoods still have not sent information regarding my SAR request.
Capquest still have no sent me a response for the CCA request other than to say that they are looking for it.

Restons have since replied to my OLD ADDRESS after repeatedly making it abundantly clear that corrospondance needs to be delivered to my new address and with this letter completely dismissing my request for documents, they have not provided me with the information I was asking for. The letter I sent to them is below: (I put a tamper proof signature strip on this letter)

Claim Number: xxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 23/06/17 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
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.A true copy of the Contract including all Terms & Conditions
2.Accurate copies of all relevant Notices/Deeds of Assignment


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


I look forward to hearing from you.

Yours sincerely.




And I have linked the restons reply here:

https://ibb.co/kMgvH5
https://ibb.co/mV3xVQ

Please help!

[ecalid]

Re: Restons Continued...

bump.

Should I send the follow up letter in regards to them honoring their legal obligation to provide me with said documents, or as the defense has been submitted, is this inappropriate?

Thanks.

[warwick65]

Re: Restons Continued...

Personally ally I would.
Remind them of Patricia jones v link and they are the creditor, as such they have obligations.
I would also mention their unreasonable conduct will be brought to the attention of the court.

No need to make it a long letter though.

[Amethyst]

Re: Restons Continued...

Restons don't usually deny that the claimant is the creditor, just that they don't need to comply with the CPR request. That is a standard letter they always send out.

You asked for
1.A true copy of the Contract including all Terms & Conditions
2.Accurate copies of all relevant Notices/Deeds of Assignment

In their particulars of claim they only mention the ' contract'. They do mention assigned and default balance, but not specifically notice of assignment or default notice, so if you did try enforcing the CPR request you'd hit a bit of a wall for anything other than the Contract ( which includes the terms anyway).

They have to supply the contract under the CCA s.78 to enable them to proceed with the claim, as they well know.

However you have raised assignment and the DN in your defence so to counter your arguments they will need to evidence lawful assignment and that they have complied with the CCA in issuing the correct Default notice.

Basically I wouldn't particularly worry about Restons standard letter, you can reply and push them on the contract - I've got a chaser letter somewhere - two tics.


For ref though following Warwicks post.....
Jones v Link Financial
http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

This is an appeal from the decision of His Honour Judge Butler in the Blackpool County Court given on 6 June 2011. The appeal raises issues as to the proper interpretation and application of the Consumer Credit Act 1974 (“the 1974 Act”) in relation to contractual assignments.

[Amethyst]

Re: Restons Continued...

EXAMPLE ONLY - it actually quotes a Bryan Carter letter so pick something out of the Restons letter...


Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I therefore require that you provide copies of the documents disclosed in your statement of case, being the Contract.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[warwick65]

Re: Restons Continued...

Sorry... Too early in the morning. I had been reading a different thread

[Diana M]

Re: Restons Continued...

Should I send the follow up letter in regards to them honoring their legal obligation to provide me with said documents, or as the defense has been submitted, is this inappropriate?.

You've filed your Defence. I see no reason for you to reply to Restons' letter.

Why would you remind them to produce documents? If they don't produce them then their chances of enforcing the debt in court get slimmer by the day.

Di

[Amethyst]

Re: Restons Continued...

Sorry... Too early in the morning. I had been reading a different thread

lol, get some coffeee !!!

[ecalid]

Re: Restons Continued...

So the legal standing of my defense at the moment is the absence of documents (namely the contract) which i requested via CPR, in order to defend myself.

Should restons produce said document at court, the fact that it was not produced to myself upon request, should then make the claim unenforcable??

And restons having acknowledged that I have requested said document should be further testiment to my defense??

As it is my understanding that without the CCA agreement from either Restons or Capquest, this leaves me with little to no grounds to defend myself, which any judge should construe as unlawfull provided I have asked for the documents.

[warwick65]

Re: Restons Continued...

Hi
You have filed your defence but not yet got to Witness Statement stage is that right?

I believe that if it gets that far the court will order disclosure of documents you are to rely on in court along with a WS be filed with all parties by a deadline - normally 14 days before the hearing.

This is where cat and mouse is played as you hope they send you their WS before you have to do yours and vice versa because you can challenge points in it if you see what I mean.

There is a way to go yet before you even get to that stage

[Diana M]

Re: Restons Continued...

So the legal standing of my defense at the moment is the absence of documents (namely the contract) which i requested via CPR, in order to defend myself.

Should restons produce said document at court, the fact that it was not produced to myself upon request, should then make the claim unenforcable??

And restons having acknowledged that I have requested said document should be further testiment to my defense??

As it is my understanding that without the CCA agreement from either Restons or Capquest, this leaves me with little to no grounds to defend myself, which any judge should construe as unlawfull provided I have asked for the documents.

Let me explain as best I can

Legal proceedings are ongoing until you get to the final hearing (aka the Trial).

Anything can happen along the way.

You are not 'home and dry' until the judge says "claim dismissed" and even then the Claimant has the potential to appeal the DJ's decision (to dismiss).

It's not only about disclosing documents, it's about producing documents which comply with statutory requirements.

And it's about so many other variables.

I'm not a clairvoyant so I'm not going to attempt to predict the outcome of your case.

It's going to be a rollercoaster but the Beagles will help you along the way.

Have a great weekend.

Di

[ecalid]

Re: Restons Continued...

Thanks for clearing that up guys, as you can probably surmise I am abit naive in this field.

[Diana M]

Re: Restons Continued...

as you can probably surmise I am abit naive in this field.

And so was I (naive) until the Credit Crunch came out of the blue which catapulted me into financial chaos, resulting in three court claims being issued (I've won them all ) and so as a direct result of that trauma I switched careers from journalism (and motherhood) to law.

Everthing happens for a reason.

Di

[ecalid]

Re: Restons Continued...

Ok so just to update you guys.

I recently recieved the stock court letter saying my defense has been submitted ect.

I just got back from holiday and recieved a response for my SAR request at my new address from Shop Direct. I made it abundantly clear in the letter of my previous address as highlighted under "PREVIOUS ADDRESS" but they are now saying that they do not know my address and I need to fill in a form as well as present the £10 fee for pricessing the requested documents.

Any insight on this??

FYI as far as I know I have yet to recieve any corrospondance from either Restons or Capquest.