Restons Solicitors/Capquest Investments vs ecalid

[ecalid]

Update....

So restons have been back in touch with an "without prejudice" letter.

Their client is mindful of its obligations under the CPR 1998 and the potential for significant costs to be incurred by the parties should this litigation continue.

it goes on to mention that their client has instructed them to provide a settlement figure roughly 15% off the claim amount.


I must say that their tone has dramatically changed from striking out my defence and recommending a summary judgement to their client.

Surely they cant cling on to this for much longer.

[jaguarsuk]

Okay, so going all the way back to post #63 as this was never confirmed in the thread

Did you send back your SAR form to ShopDirect with ID ?.

Did you do this? Did you get a response? Were the documents requested in the CPR 31.14 missing from it?

If you haven't done this, then you really ought to get it done as you know the claimant don't have them otherwise they would have produced them and if the original creditor doesn't have them then how can the Claimant ever obtain them?

[ecalid]

Okay, so going all the way back to post #63 as this was never confirmed in the thread



Did you do this? Did you get a response? Were the documents requested in the CPR 31.14 missing from it?

If you haven't done this, then you really ought to get it done as you know the claimant don't have them otherwise they would have produced them and if the original creditor doesn't have them then how can the Claimant ever obtain them?

Hi.

I rang shop direct yesterday after battling through to the right department for over a week on a premium rate number. (Arseholes).

They have no record of recieving my dsar and any additional correspondence and the missus has thrown away the post office receipt in the spring clean.

I have sent another today and have photocopied the receipt as a precaution. They are expecting it so hopefully will get pushed through.

[jaguarsuk]

Hi.

I rang shop direct yesterday after battling through to the right department for over a week on a premium rate number. (Arseholes).

They have no record of recieving my dsar and any additional correspondence and the missus has thrown away the post office receipt in the spring clean.

I have sent another today and have photocopied the receipt as a precaution. They are expecting it so hopefully will get pushed through.

They have up to 40 calendar days to reply to your request. Did you ask for all information? Or did you ask for the specific documents from the CPR 31.14 plus all other information they hold?

Personally I'd have sent it recorded to ensure they get it as it's not a case of needing to prove they get it, you need the documents to determine whether the Claimant has any chance of getting the documents they need and then whether you can tell Restons where to go with their 15% offer.

Does the offer of reduced settlement from Restons ask you to respond within a certain time frame?

[ecalid]

It was a template request from here, it seemed to cover pretty much everything I need (and then some). Chances are they will send everything to cover any ambiguities within the dsar, obviously this is just an assumption.

They will probably contact me at some point to confirm what I am after so i may get a chance to reiterate what i need.

It was sent 1st class recorded today.

RESTONS have given me a time limit however they do not seem to indicate their intentions afterwards. Just that the offer will automaticly be withdrawn.

[jaguarsuk]

Yes, they will send everything they have. The usefulness of asking for specific items is that if they can’t provide them they’ll usually explain why... such as “we no longer hold a copy.”

In that event you know it’s not an oversight that it’s not in there and that the claimant couldn’t possibly get a copy.

Good that you sent it recorded as you can be assured it gets to them.

You may get the information back before the Restons time limit or not, but it seems they’re position is looking particularly weak right now.

[ecalid]

Yes, they will send everything they have. The usefulness of asking for specific items is that if they can’t provide them they’ll usually explain why... such as “we no longer hold a copy.”

That's definetly one to bear in mind for next time. Thanks.

Yes I agree, I think that considering on other peoples claims the paperwork has been delivered quite prompt. Their position is weak.

Somebody pointed out before, the screengrab from the creditors case management system indicates that a "current" agreement was sent a little after I sent the CCA request to the claiment. I have found an amendment to agreements for littlewoods in the not so distant past so it looks like this might be a contributing factor.

This appeared to be the case with another one of my claims, they discontinued even after sending me the requested documentation, but were so blazé that they allowed the claim to become stayed in the first place. Their attention was probably diverted by an even bigger treasure chest.

[jaguarsuk]

Yeah, let’s for argument sake say they bought the debt for 1p in the £1, if they can convince you to part with £850 even after legal costs they’re quids in!

[warwick65]

They may not send everything they have. From experience albeit with another company they sent me some stuff with a letter saying if I required more to get back in touch.

I wouldn't read too much into a 15% reduction. Law is a game, who blinks first. I had a solid defence but Lowell still proceeded to court and lost with costs.

[warwick65]

I know Diana M has helped on the thread but did you ever take formal legal advice. I note in your defence you have no mentioned assignment or the potential licensing issue.

Is the claim still stayed or do you have a date?

[ecalid]

The claim is still stayed and I just keep getting the odd letter here and there.

I'm glad that you pointed out my defence as I now recognise that I never mentioned either the lisencing issue. This was done in haste and I had little to no idea what I was doing.

I did however put:

5. The Claimants statement of case states that the account was assigned from Shop Direct to Capquest Investments Limited on or around 21/11/14. The Defendant does not recall receiving notice of this assignment.

I suppose I am sort of hoping that this could be "off the back" of the licensing issue.

[warwick65]

Hi
Sorry I missed the bit about the assignment- you can certainly add to that in your WS should it ever get that far

It really is difficult to know what will happen next, maybe this will be stayed for a long time, maybe they will discontinue or maybe they will come up with the goods.

Just for reference, my understanding is that right or wrong, some creditors do not see the agreement as personal data and even if they do they do not see the terms and conditions as personal data because they do tend to be generic.

The other problem with a SAR is, it is one hing getting the data , it is another thing understanding it

Let's hope they leave it stayed forever or discontinue, if they do go forward , legal advice might be useful

[ecalid]

Have there been instances of an indefinite stay??.

It would be interesting to find out how long they would need to leave it before it festers into the realm of abuse of process.

I am led to believe that Restons can be quite a handfull so I am inclined to agree that legal advice or even representation should remain a card up my sleeve. It is quite a substantial amount of money that i can only assume the creditor paid pittance for, so i can deduce that they may not let it go so easily.

[warwick65]

I have heard of claims being stayed for two to there years

I would not want to force you into anything but waiting to instruct solicitors is a gamble- if they continue with the claim and the issue becomes more time sensitive, it is likely the cost of a solicitor would increase as they may have more work to do.

Resons are hard work from what I've seen and yes £5K is a lot of money

[Diana M]

I never mentioned either the lisencing issue. This was done in haste and I had little to no idea what I was doing.

I did however put:


I suppose I am sort of hoping that this could be "off the back" of the licensing issue.

Assignment issues and licensing issues are two different/separate legal arguments.

Di