Restons Solicitors/Capquest Investments vs ecalid

[Amethyst]

Hiya ecalid, I hope you had a good Christmas and New Year - I'm just having a read back to see where things are at xxx

[Amethyst]

The response to the CCA request should include the agreement and terms from the date you opened the account. If does seem like they have complied with those provided at the date the account was opened.... so that is likely to be enough to enforce, particuarly as they have provided the statements and notice of assignment. Looking at other Littlewoods agreements, and other shop direct account agreements, they are similar and only seem to indicate which catalogue/trading style it is for by a logo in the bottom corner on some ( marshall ward for example ) - they don't mention it in the text of the terms. The agreement itself contains all the prescribed terms so would be enforceable.

You're only missing notice of default I think now - they will only need to show evidence that it was sent ( and the screenshot of the data screen is normally enough for the court to find that it was ) - and that it was compliant and gave the 14 days - which they can evidence with a template print of the standard default notice used - which they likely will do when it comes to a hearing/disclosure of documents. Although I would use the lack of DN in both their responses and in the DSAR info from Shop Direct to argue you never received a DN that's not going to be strong enough in court as a litigant in person IMO.

There isn't any query over the statements they have provided ( ie you recognise the account and the purchases listed ).

The assignment issue - the claim is brought by Capquest, and the assignment is to Capquest. Their letters have been confusing and there may well be some background legal assignment issues but not enough I don't think for your defence to succeed.

So I think you are looking at sorting out a settlement so that an application isn't made and the claim remains stayed, so no CCJ is awarded against you and no further costs are added. So it's a matter of deciding if you can do a full and final to obtain a decent discount or if you need to calculate affordable monthly payments.

[ecalid]

Ok Amethyst. Thank you.

I think I'm going to have to admit defeat on this one and make a monthly payment. I'm absolutally gutted.

[Amethyst]

Sorry ecalid, but it does seem that is likely to be the best option if you are to avoid a CCJ being awarded against you. The account is genuine, not out of time and enforceable so there's little place else to go with it. When you do your income/expenditure make sure you include all your other debts on it and calculate pro-rata what you could do for each if they did pop up in the future, before making any installment offer to Capquest - to ensure it would be affordable and sustainable long term. You want it in writing that the claim in the court will remain on hold unless you default on the agreed payments. Of course if you can get a full and final together you may be able to get a decent discount to settle in full.

[ecalid]

Just a quick update. Today Joanna connelly solicitors attended a hearing to strike out the claimants case. The application was upheld and the case has been dismissed with costs awarded.

A very big thank you to Joannas firm whom I will highly recommend particularly against this claimant.

[Amethyst]

Just a quick update. Today Joanna connelly solicitors attended a hearing to strike out the claimants case. The application was upheld and the case has been dismissed with costs awarded.

A very big thank you to Joannas firm whom I will highly recommend particularly against this claimant.

Fantastic - was the strike app on assignment issues?

[ecalid]

I am led to believe it was an authorisation issue but I do believe the assignment issue was also argued with success.

[Amethyst]

I am led to believe it was an authorisation issue but I do believe the assignment issue was also argued with success.

Excellent capquest investments likely tried to rely on capquest debt's authorisation. One day there will be a published judgment on the issue so more people can argue it successfully.

Did it cost you anything or was it on a conditional fee arrangement ? ( they get costs from the other side ) Just as it helps others see if they might be able to look at formal help to argue these more complex arguments.

[ecalid]

It was a conditional fee arrangement. I don't know if I will receive any costs back yet as the firm is at end of play for today. But hopefully I can get all costs back.

[Amethyst]

It was a conditional fee arrangement. I don't know if I will receive any costs back yet as the firm is at end of play for today. But hopefully I can get all costs back.

Excellent - let us know all helps others who find themselves in your position xx