Capquest Claim - advice please

[birchy]

Re: Capquest Claim - advice please

We've received a letter from capquest with information about the debt which shows items she remembers purchasing from littlewoods catalogue and the last payment made was in 2014, so that rules out statute barred. It also details the assignment of the debt to Capquest and they say that they have requested the Credit Agreement from Shop Direct and will forward it once they have it. Assuming they are able to provide it, I assume that we'll have to pay up?

Capquest mention "a reduced settlement" in their letter "to avoid further litigation". I presume that's just a desperate attempt to get some sort of payment rather than nothing at all?

[birchy]

Re: Capquest Claim - advice please

Should we consider the reduced settlement or is it better to wait for the CCA to arrive?

[warwick65]

Re: Capquest Claim - advice please

Should we consider the reduced settlement or is it better to wait for the CCA to arrive?

Only you can decide that but the debt is from 1997 isn't it?
Did your wife ever sign an agreement? In those days it was rare that any agreement was signed. When I requested copies of agreements from around 2003/4 for my ex wife after she had died Littlewoods sent me copies with her name and address written on and no signature. The address was wrong as she had moved and quite possibly the name as she varied between my surname, he maiden name and the name of her first Hubby - depending on how pissed off she was with me

Have they sent you a valid DN? Probably not

Have you sent a SAR?

[birchy]

Re: Capquest Claim - advice please

Have they sent you a valid DN? Probably not

Have you sent a SAR?

Forgive my ignorance, but what's a DN? We haven't sent an SAR.
Based on the original Court Order (see post #1), we believe she opened the shop direct/littlewoods account in 1997 but she's not sure of the exact date. She couldn't remember any details of the debt but now that she's seen the capquest letter, she does recall purchasing the items in question.

If the CCA arrives unsigned, does that invalidate the agreement?

[warwick65]

Re: Capquest Claim - advice please

DN= default notice and there should be a compliant one before they can get a judgement

[birchy]

Re: Capquest Claim - advice please

Still no sign of the CCA. Just been looking at the letters we received over a week ago and there is a copy of a letter from Shop Direct dated December 2014 that is notification that the debt was assigned to Capquest, however no obvious Default Notice, unless this letter counts?

What is the likely outcome of this case? It seems to have gone very quiet at the moment.

[MIKE770]

Re: Capquest Claim - advice please

letter not default notice

[warwick65]

Re: Capquest Claim - advice please

What is the likely outcome of this case? It seems to have gone very quiet at the moment.

Sadly it is almost impossible to tell

If they think they have a case or think maybe the defendant may bottle it at the last minute they can go on right up to court and even into court

Without reading back all the posts it is difficult to say what valid info they have supplied

[birchy]

Re: Capquest Claim - advice please

Sadly it is almost impossible to tell

If they think they have a case or think maybe the defendant may bottle it at the last minute they can go on right up to court and even into court

Without reading back all the posts it is difficult to say what valid info they have supplied

It's over a month since we requested a CCA and submitted a defence. Is there a time limit in which they must supply relevant documents? The letter we had a week ago said that capquest were awaiting the CCA from Shop Direct.

[Guest]

Re: Capquest Claim - advice please

Their letter states that we should have the original Credit Agreement and therefore they see no reason why we would require an additional copy. So it seems like they have no intentions of supplying it. Is the 12+2 days to respond working days only? And from what date does that countdown start? The CCA request was dated 29th August and I have proof of postage as it was sent recorded delivery. I believe they have already defaulted on the 14 days?

Apparently the standard Restons reply, they hope that the OP will just crumble!

[birchy]

Re: Capquest Claim - advice please

Still no sign of the CCA and no correspondance at all from Capquest or Restons. Can we assume they've given up pestering us now?

[Diana M]

Re: Capquest Claim - advice please

Still no sign of the CCA and no correspondance at all from Capquest or Restons. Can we assume they've given up pestering us now?

No you can't assume that unless the Claimant has Discontinued the claim against you. Have they?

Call NCCBC to acertain whether the claim is now stayed since you say that your defence was filed more than 28 days ago.

Di