Restons Solicitors/Capquest Investments vs ecalid

[Diana M]

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.

My firm regularly deals with claims that have been stayed for two or three years before the Claimant applies to lift the stay and continue with the proceedings or issues a Summary Judgment Application once they have sourced or reconstituted the documents they believe they need to prove their claim.

In one recent case (on receipt of an Application to lift the stay) the DJ made an Order for the Claimant to produce the Claim Form and file a Witness Statement explaining “the inordinate delay” in progressing their claim.

Di

[littlebert8]

Ive got a claim that has been stayed for over 7 years!
I had completely forgotten about it until I got a letter from Cabot this morning.

[warwick65]

What did the letter say?

[littlebert8]

Just that the account has been returned to Cabot from DLC. A standard welcome letter really, no mention of the county court claim. Two years ago I had a letter when the account was sold to MEIII from Hillesden Securities. But that didn’t mention the claim either. It seems like it’s all part of a administrative shuffle within the Cabot group and It’s possible they have genuinely forgotten about the claim.

[ecalid]

Hello again guys.

After a long period of inactivity I have some news to share.

Unfortunately it does seem that Restons is hanging on for as long as possible however the claim remains stayed.

But I have finally recieved my DSAR back from shop direct! I can only assume it took so long due to the recent changes in law.

The credit agreement they have sent does look legit apart from a few odd bits like missing APR values etc, I will get these scanned and put up if you guys would like to peruse through.

There is no discernable default notice. The pack just seems to contain all statements and screen dumps of my account on their O/S.

What do you guys think?

[ecalid]

Bump.

[ecalid]

I really dont understand why restons have let this go on for so long???.

Shop direct have supplied me with the agreement and they appear to have supplied it to capquest as indicated in their screen grab early last year.

Surely this is an abuse of process.

[Amethyst]

Okay well that's something but doesn't really affect the case, just gives you an idea of what is available from Shop Direct.

What date was the agreement taken out? and is the copy they sent you a electronic tick box agreement or a signature agreement ?

You need to know the APR etc to be able to calculate whether the interest etc was correct ( and the interest rate is a prescribed term in any case ) Does the APR show in transaction lists ?

( the court will be able to add the interest rate to the agreement though so that that bit has been removed doesn't make it unenforceable in itself as the agreement shows the interest rate WAS on the agreement at the time of execution )

Have they sent you the screenshot of their system ( black background ) showing the codes and date of default etc ?

[Amethyst]

Oh, and originally this was Littlewoods wasn't it... and opened 2012 ? so likely an electronic signature agreement ? does it mention littlewoods at all ?

[ecalid]

Thanks for your reply Amethyst. When I get home I will scan some of the paperwork and upload it for you to see.

[ecalid]

Hi Amethyst, here is the CCA from Shop Direct.

N1 CLAIM: https://ibb.co/dBGta5

CCA P1: https://ibb.co/k8FONT
CCA P2: https://ibb.co/mW8UU8

SCREEN DUMP: https://ibb.co/bS9ECT

As far as I can see there is no mention of Littlewoods on this CCA, just shop direct.

Reston's has supplied me with a screen dump indicating that the DN was issued. The screen dump that I received in my DSAR says the same date. However no actual notice has been supplied in either of my SDAR's.

It's worth noting that I inadvertently received a DSAR from my Very account with Shop Direct as well, this includes a similar agreement also no mention of any company. Just electronic signatures and dated.

[Amethyst]

Okay there are APRs in there. Can you cross ref with the statements/transactions - was the credit limit 750 when you opened the account for instance - you might be able to check on Experian / noddle or clearscore the history of the credit limits.

[ecalid]

I won't like that I am absolutally crap at Maths, especially when it comes to percentages etc. I can't find an opening limit on my credit file I am afraid.

Just for the record, the default date on my credit file has a 1 day discrepancy compared to the default date on the transaction list both shop direct and restons have provided.

And on my credit file the default amount is bang on £5000, they have then added an extra £72.28 after the DN was allegedly issued.

Minor I know but thought I would mention it.

[ecalid]

Sorry., Lie*

[ecalid]

Bump