Restons Solicitors/Capquest Investments vs ecalid

[Amethyst]

The Default on the Credit File won't necessarily be exactly the date of default... it should be reasonably accurate so don't think that's an issue.

Date of assignment on screenshot says 1/11/2014 - their claim says 21/11/2014 ( likely doesn't matter, gap between adding it to list to go to capquest and it being formally assigned ) - you want the notice of assignment.

The £72 seems to have been some adjustment added after default - maybe respond to the SAR team at Shop Direct and ask for details of what the codes mean.

Do the purchases all look right etc?

Balance increases listed anywhere ? ( as the opening credit limit is 750 allegedly and before default it was credit limit £5000)

[MIKE770]

39.9% is the normal one they use

[ecalid]

Hi guys.

Had some developments with this case, it appears that Capquest have now decided not to pursue this claim with Restons and now say the claim is being dealt with by their "specialist in-house litigation team".

They have provided a copy of the consumer credit agreement pursuant to s78 of the CCA 1974, terms and conditions that I will cross examine with the ones received by DSAR. And a copy of statements. And the Hello & Goodbye assignment notices.

Please find attached below copies for you to look at:

https://ibb.co/euhLOp
https://ibb.co/da073p
https://ibb.co/kZPT9U
https://ibb.co/jN2tb9
https://ibb.co/jhz6w9


I'm abit confused as how they assert that Arrow Global Gurensey Limited acquired the account on 21/11/2014 but the notice of assignment was sent on or about 12/11/2014 and the notice of assignment says that the account was legally assigned to Capquest Investments Limited on the 31/10/14??.

Still no default notice, only the screen dump that indicates that one was sent out.

[ecalid]

Bump

[ecalid]

Getting pretty anxious guys :/ does anybody have any input on this?

[MIKE770]

Amethyst

[Amethyst]

Morning xxx Sorry, reading back xxx

[Amethyst]

Well this makes no sense whatsoever... think Capquest & Arrow are getting confused with one another. The claim is from CAPQUEST. The letters are from Capquest but it gives all Arrow contact details etc. Did you ever hear from Arrow before or has it always been Capquest ( and Restons ) ?

arrowglobalcapquest.png



Is the agreement they sent the same as that sent by ShopDirect under the SAR?

CCA P1:

https://ibb.co/k8FONT

CCA P2:

https://ibb.co/mW8UU8

They do say on the second page of the letter that the CCA request will be responded to separately, under separate cover, so you could just reply saying you will await that before considering your position further.

[ecalid]

Hi Amethyst. Thank you.

it has always been Capquest and Restons, It's rather confusing, you are right.

The agreement appears to be the same yes.

What do you mean seperate cover, like principle business and appoint representatives?.

[Amethyst]

Pass - Lol - I assume they just mean they'll send it in a different letter...

I think with the Shennagins between capquest and arrow ( not sure what's going on there yet ) they've just confused themselves and poorly edited a template - but we should still pull them up on it with requests for assignment to arrow etc while telling them you look forward to receiving the full cca reaponse.

[ecalid]

Ok, sounds like a plan. So how do I word it properly without giving too much away.

[Amethyst]

Hmmm https://register.fca.org.uk/shpo_sea...ameOrigin=null


https://register.fca.org.uk/shpo_sea...ameOrigin=null

their letter head / footer gives Arrow Global Ltd's authorisation.

[ecalid]

What do you think I should do? :/

[Amethyst]

I don't know at the moment - but I am thinking.... so you know I'm not ignoring you, I'm just trying to figure out the best way forward...

Options:

write asking for clarification on who actually owns the debt, no default notice provided, and asking for clarification on the FCA Auth with regards Capquest/Arrow, invite them to discontinue their claim, or apply to lift the stay and proceed with the claim which will be defended.

Give Paul a ring ( he's at Wannops now - see his signature pt2537 ) and see if he can assist formally ( as I think the issues are quite complex but a letter from a solicitors firm would instigate a discontinuance - potentially due to the assignment and FCA authorisation issues )


Defence/not points:
you do recognise the account but not the balance/amount owed
they have sent statements - do they actually scan with what you recall of the account?
No default notice
issues with legal assignment
issues with fca auth
No terms as varied ( though they may not have been varied between 2012 and 2014)
That the agreement doesn't mention Littlewoods. ( it does mention Shop direct Home Shopping Ltd as a credit intermediatary, SDHS was called Littlewoods SDHA until 2008 I think, so that will be the littlewoods link ) - going to see if I can find any other Littlewoods agreements from 2012. It has printed date of 19/1/2012 ( not sure what's blanked out is that your actual signature or is it just an empty box? ). It seems to be generic - and the screenprint out from the SAR says it's the 'current agreement' so could it be 2017 and not the original. So need to compare interest rates with 2012.



Just cause it's easier for me to sort out the info I've done a letter - but it's not for sending...

I am in receipt of your letter/s dated 11th October 2018 in regards to a county court claim issued in June 2017.

I do have a query regarding the ownership of the account on which the court claim is based which I hope can be clarified.

Could you please confirm the relationship between Arrow Global Ltd, Arrow Global Guernsey, and Capquest Investments. To date I have only received communication from Capquest, and the Claimant in the case is Capquest Investments Limited.

In your letter you state "Arrow Global Guernsey Limited acquired the account on 21/11/2014 and notice of the assignment was sent to you on 12/11/2014". Notwithstanding that there may be a typographical error in the dates, please note I have not received any notice of this assignment and none was included with your letter.

Your Particulars of Claim state that the account was assigned on the 21st November 2014 to the Claimant (Capquest Investments).

You have included copies of two notice of assignment. One alleged to have been sent by Shop Direct Finance Company Limited dated 11 November 2014 which states that on 31 October 2014 the Shop Direct Financial Services Ltd Littlewoods account was assigned to Capquest Investments Ltd, and will be managed by Capquest Debt Recovery Ltd. The second from Capquest Investments dated 12 November 2014 which states the account has been purchased from Shop Direct Financial Services Ltd but gives no date of the assignment.

I am sure you can see why this is confusing.

Your letter states that the account has been taken over by your "in-house specialist litigation team" and communication should be directed to 'the address below"

being "Arrow Global, PO Box 5469, Manchester M61 0LW" which differs from the address for the Claimant given on the original N1, and from the Address for Sending Documents and Payments, which is detailed as 'Restons Solicitors". I have not received any Notice of Change of Solicitor, so I am uncertain with whom I should be communicating regarding the claim.

Additionally the footer on each letter states that "Your account is administered by Arrow Global Limited ("AGL") for Capquest Investments Limited ("CIL").

I am sending this letter to the address for correspondence given on the court claim form because, basically, I have no idea who owns or is managing the claim.

Obviously this raises some concerns over FCA Authorisation and over who exactly owns the account and who holds my personal data. I will be sending each of the companies Subject Access Requests in order to try and find out the exact situation.

Further, the alleged copy of the credit agreement you have provided seems to be generic, is undated, incomplete, and does not mention Littlewoods at all. It is entirely disputed that this is a true copy of the original credit agreement on which your case is based. Additionally no copy of the default notice has been provided, and of course I have some concerns over the assignment notices provided.

You also state that a continuation of proceedings means you will apply for judgment. I'm sure you are aware you will need to apply to lift the stay in the first instance, and as I have filed a defence, and intend to defend the case, and will defend any such application to lift the stay and for summary judgment.

[pt2537]

Hi Amethyst. Thank you.

it has always been Capquest and Restons, It's rather confusing, you are right.

The agreement appears to be the same yes.

What do you mean seperate cover, like principle business and appoint representatives?.

Simple solution there, write and ask them to clarify who is who. refer to the docs and ask them to confirm who they are, who the claimant is etc , that should sort that issue out