Restons Solicitors/Capquest Investments vs ecalid

[charitynjw]

Re: Restons Continued...

Shop D should not ignore your SAR just because you omitted to include the fee. They should write to you to ask for their fee (if they require one.....some firms do not) plus any further details they may need to ID you.

As [MENTION=49370]Kati[/MENTION] has stated, sometimes threads can go under the radar.
You can either 'bump' your thread if that happens, or you can 'tag' people by putting a @ immediately in front of their username.

[ecalid]

Re: Restons Continued...

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

I am assuming I can type my defence into the dialogue box on the moneyclaim website??

- - - Updated - - -

Also am I right in thinking that should I recieve no corrospondance from either of the firms then my defence shall be on lack of paperwork to lawfully defend myself??

[ecalid]

Re: Restons Continued...

Hello again, so I have attempted to log into my account on the moneyclaim website to input a mock defence but it does not appear to know my details so a phonecall will be being made tomorrow.

I would like somebody to peruse through it and tell me if I have gone wrong anywhere.

I still have had no documents from any of the requests I have sent out.

1: I received the claim xxxxxx from the Northampton County Court on 23/06/17.

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 Loan agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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.

6. 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.

7: On the 03/07/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement and Assignment Notices.

8. Restons Solicitors Limited has not sent any of these documents to me.

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 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. 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.

13. 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.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed ecalid

Dated x

Thank you.

[warwick65]

Re: Restons Continued...

Hi
Something I found out was the claim no and the password on the claim form are only needed the first time you login. After that it is you giving gateway number and password then scroll down until you see your claim. Click on that.

[warwick65]

Re: Restons Continued...

WS it a loan or was it revolving credit with a credit limit?

That depends on if it is s77 or s78

Complicated I know.

Do you recall having credit,

[ecalid]

Re: Restons Continued...

WS it a loan or was it revolving credit with a credit limit?

That depends on if it is s77 or s78

Complicated I know.

Do you recall having credit,

It was a catalogue that was done online if that helps. I think there was a limit but this kept going up every few months or so

[ecalid]

Re: Restons Continued...

Is the gateway number the MCOL thing??? I eventually managed to get into the account using some details but it wanted me to register the claim or start a new claim. I had my claims form back with intend to defend in full but i was under the impression i could then put my defence in online?? Even after attemping to register the claim it wouldnt let me using the claim number and my new password.

I've rang the courts and they suggested to email me the defence form and email it back although I have little faith in his approach, especially considering that thr phonecall was made 3 hours ago and they still havent sent me the email.

Im stuck and beginning to panic :/

[ecalid]

Re: Restons Continued...

FYI, the defense pack password and claim no. will not work to "Respond to a claim made against you"

But surely I have already acknowledged the claim by posting off the N9 response pack. Is it possible that the court has messed up and not actually acknowledged my response?????

[ecalid]

Re: Restons Continued...

WHEEEYYYY!! I managed to get it to work in the end...

Right so guys please help me with my defense, I need to know if it is appropriate so that I can submit the defense.


1: I received the claim xxxx from the Northampton County Court on 23/06/17.

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 Credit agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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.

6. 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.

7: On the 03/07/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement and Assignment Notices.

8. Restons Solicitors Limited has not sent any of these documents to me.

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 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. 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.

12. 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.

13. 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.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed xx

Dated 25/07/17

[ecalid]

Re: Restons Continued...

double post

[Amethyst]

Re: Restons Continued...

Switched you from 77 ( loan ) to 78 ( running credit ie. catalogue account ) - otherwise it's absolutely fine. Not much you can put without any docs being provided.


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1: I received the claim xxxx from the Northampton County Court on 23/06/17.

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 Credit agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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.

6. 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.

7: On the 03/07/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement and Assignment Notices.

8. Restons Solicitors Limited has not sent any of these documents to me.

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.

10. 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.

11. 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.

12. 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.

13. 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.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[ecalid]

Re: Restons Continued...

Ok thank you so much

[warwick65]

Re: Restons Continued...

How long ago was it you sent the SAR.

This has the potential to provide some very useful info.

Have you sent a part 18 request off asking for the deed of assignment?

[ecalid]

Re: Restons Continued...

Yes the sar and cca was sent on the 28th ish. And the cpr on the 3rd all addressed from my current address.

[warwick65]

Re: Restons Continued...

June?