Restons Solicitors/Capquest Investments vs ecalid

[ecalid]

Thanks Di for clearing that up.

when i get an idea in my head, i tend to get carried away.

on this note i just happened to look at my default on experian.

i actually defaulted on 28/10/2014.

restons in their letter say that they have provided a screenshot of the case management system from SD indicating my defsult on the 29/10/14. And all transaction history that they have sent also is indicating as defaulted on 29/10/2014.

and on the case management screenshot, under "default notice sent" it actually says 29/09/2014. One month before I actually defaulted.

so on both accounts, the information that they rely on is wrong.

typical of me to overlook the simplest detail while trying to make sense of the most complex and illogical conclusion

[Diana M]

and on the case management screenshot, under "default notice sent" it actually says 29/09/2014. One month before I actually defaulted.

so on both accounts, the information that they rely on is wrong.

The date the Default Notice is sent (issued) and the date the account is actually Defaulted would/should be different because before an account can be Defaulted the consumer must be served with a Default Notice (s 87) giving them the opportunity to remedy the breach in order to prevent the account being defaulted.

Di

[ecalid]

Ok. In which circumstance does the default notice be said as not having been served properly??

[ecalid]

Summary of my phonecall to the FCA.

"Thanks for calling us today about your Capquest Investments, as agreed I'll summarise the information we discussed in this email.

Collecting on a debt
Owning a debt isn't a regulated activity, but a firm that owns a consumer credit debt can ask a third party with debt collection permissions to pursue the debt on their behalf. However, if the firm chooses to pursue the debt through legal channels this will take the matter our of our remit.

Capquest Investments
This firm has not been listed as an appointed representative of Arrow Global or another firm from this search on our Financial Services Register. I can see that this firm has a number of authorised entries with us, so if it's not clear who is collecting on your debt, you may wish to ask CapQuest who owns and is collecting the debt to see if it is one of the regulated entities.

I hope that you found our call today helpful,"

[Diana M]

Summary of my phonecall to the FCA.

. . . However, if the firm chooses to pursue the debt through legal channels this will take the matter our of our remit.

Exactly.

Di

[ecalid]

So basicly, under common law, CIP owns the debt and has the rights to it but doesnt have the neccessary licenses to collect.

Capquest debt recovery are licensed and act on behalf of CIP via a contract agreed between the two parties and requires FCA authorisation to regulate their conduct.

Once court action is taken, the FCA authorisation becomes irrelivent under common law. And then Restons become the advocate.

That makes much more sense.

[Diana M]

Once court action is taken, the FCA authorisation becomes irrelivent under common law. And then Restons become the advocate.

That makes much more sense.

No, that is not the position.

This claim is currently stayed so wait until Restons make the next move and then seek professional legal advice on your next step.

Di

[ecalid]

My apologies, i seem to have taken the thread off course.

thank you for your advice.

[ecalid]

I would like to say that i am genuinely concerned that Capquest has not acknowledged the fact that I live at a new address on all of their correspondence.

They appear to have provided an agreement to either myself or the DCA but if they had sent it to my old address then I no longer have the facility to recieve mail from there and then Restons would have the upper hand.


How do I combat this??

[jaguarsuk]

I would like to say that i am genuinely concerned that Capquest has not acknowledged the fact that I live at a new address on all of their correspondence.

They appear to have provided an agreement to either myself or the DCA but if they had sent it to my old address then I no longer have the facility to recieve mail from there and then Restons would have the upper hand.


How do I combat this??

Royal Mail redirection order - https://www.royalmail.com/personal/r...il/redirection

[ecalid]

Thank you jaguarsuk this is definetly something to consider.

However, if an agreemenr has indeed been sent and I wanted to acquire it at my new address, how would I do this without waking the sleeping bear?

Furthermore as Restons are notoriously reluctant to provide documentation, would this essentially fall under non compliance of CCA request as each of my letters was addressed from my new address and factoring in that capquest had acknowledged reciept of my request.

[warwick65]

How long have you been at your new address and would a search of the electoral role show the new address?

Capquest may argue DPA etc

[ecalid]

Been at the new address for over 3 years. Registered on the electoral for a simular amount of time.

Claim form was delivered to old address. Restons however do acknowledge my new address on their correspondence.

I am certain the courts are aware of my address having received the acknowledgement of defence there.

Sorry do you mean Data protection act?

[Diana M]

Royal Mail redirection order - https://www.royalmail.com/personal/r...il/redirection

You can only set up Royal Mail Redirection on presentation of documents (utility bill, council tax etc) that are for the ‘old’ address which are dated less than three months previous.

Di

[jaguarsuk]

Been at the new address for over 3 years. Registered on the electoral for a simular amount of time.

Claim form was delivered to old address. Restons however do acknowledge my new address on their correspondence.

I am certain the courts are aware of my address having received the acknowledgement of defence there.

Sorry do you mean Data protection act?

They acknowledged because you I assume put the correct (new) address on the court documents as the address for service.

Capquest will not have seen these, but should respond to the address on your letter and they probably haven't responded as they haven't got what you want.

If you wanted you could send an SAR to them asking for copies of all information they hold on you including any and all correspondence, this would likely reveal if they have sent anything to the old address and maybe even show that they have updated their systems with the new address.

However, that course of action could well stir them back into action of trying to find the agreement and lifting the stay on the claim.

I'd say if they had sent the agreement to your old address then they would have applied to lift the stay on the claim and have continued the claim by now.