WaWa v Capquest

[WaWa]

Received a claim?
Issue Date: 23rd November 2016
Amount approx: £491.70
Claimant: Capquest Investments
Solicitor: Drydens Ltd
Original Creditor: Shop Direct
Particulars of Claim: "The claim is for the sum of 491.70 in respect of monies owing by the defendant on a credit agreement held by the defendant with Shop Direct under A/C No. (***) upon which the defendant failed to maintain payments." - quoted from claim form
Is the debt Statute Barred? I'm not sure
List any letters you have sent: 1 - Drydens
1 - Capquest both recorded delivery..
Any Other Info:
The Account number and the amount are not familiar to me. I acknowledged the claim online at www.moneyclaim.gov.uk - defence
I have completed steps 1 2 and 3 from your basic first steps to take page including sending a £1 postal order in with the letter to Capquest..

I received a letter this morning from Drydens informing me that they have received my letter and noted the contents.
They have said that my account has been ploaced on a temporary hold while they contact Capquest with the details of the query and that they will inform me of the outcome as soon as a response is received from Capquest.

I'm not sure where I stand with the court now?

Thank you for you help - this place is a godsend for people like me..

WaWa

[WaWa]

Re: WaWa v Capquest

Hi again, I was wondering if anyone had the chance to look at my post. I suppose I must have sounded a bit 'matter of fact'... I was having a bad day, sorry.
I still haven't heard any more from the solicitors or from Capquest... do you think that this is a sign that they can't go any further?... can they drop the case from court? or does it have to go ahead regardless?.. I really don't have a clue about these things.

I don't work... I haven't been able to get a job when I have tried. I have a chronic disease which affects me every day (Ulcerative Colitis). My husband has a low paid job so I don't know what they expect me to do anyway.

I've read about other peoples experiences with Capquest here on the forum and they sound like a bunch of bullies.. I feel bullied by them.

Thanks for being here leagalbeagles...
WaWa

[nemesis45]

Re: WaWa v Capquest

Hi again, I was wondering if anyone had the chance to look at my post. I suppose I must have sounded a bit 'matter of fact'... I was having a bad day, sorry.
I still haven't heard any more from the solicitors or from Capquest... do you think that this is a sign that they can't go any further?... can they drop the case from court? or does it have to go ahead regardless?.. I really don't have a clue about these things.

I don't work... I haven't been able to get a job when I have tried. I have a chronic disease which affects me every day (Ulcerative Colitis). My husband has a low paid job so I don't know what they expect me to do anyway.

I've read about other peoples experiences with Capquest here on the forum and they sound like a bunch of bullies.. I feel bullied by them.

Thanks for being here leagalbeagles...
WaWa

Good morning, welcome to LB,
When debts are sold there is an absolute minimum of data supplied nothing more than the debtors name and address, the name of the original creditor, and the amount outstanding. The agreement and other documents mentioned in the particulars of claim are not in the claimants possession hence the solicitors have to get their client to obtain them.

You have everything on target so far!!

Do you know when the last ever payment was made and/or the date the account was defaulted?

It may help you t check your credit reference files Noddle and Clear score are free online.

nem

[WaWa]

Re: WaWa v Capquest

Hello nem,

Sorry for the delay in getting back to you...it's that time of year Lol.
I did have 2 catalogues years ago.. one I paid up and the other I made a resonable offer which was rejected back in 2010... I can't remember the amount exactly but I think it was around £400... it might have been less than that.
This court order has absolutely no reference to either one of the catalogues...not even the names of them...it just says Shop direct... and the amount they want is far more than I ever owed. I really don't know what they are refering to at all...it's as though they have made it all up!
I went online to acknowledge the Court on the 27th November...I sent both letters out on the 28th November.
Is there anything I should be doing? how long do I wait?
If I don't hear anything back from the lawyer or Capuest within the 12 days... does it mean that it has ended...?
What happens to the Court claim?
Thanks in advance.
Merry Christmas
WaWa

- - - Updated - - -

I forgot to mention that I have checked my credit rating at clearscore website... my rating is 308... with no mention of the court claim.

Wa wa

[nemesis45]

Re: WaWa v Capquest

Hello nem,

Sorry for the delay in getting back to you...it's that time of year Lol.
I did have 2 catalogues years ago.. one I paid up and the other I made a resonable offer which was rejected back in 2010... I can't remember the amount exactly but I think it was around £400... it might have been less than that.
This court order has absolutely no reference to either one of the catalogues...not even the names of them...it just says Shop direct... and the amount they want is far more than I ever owed. I really don't know what they are refering to at all...it's as though they have made it all up!
I went online to acknowledge the Court on the 27th November...I sent both letters out on the 28th November.
Is there anything I should be doing? how long do I wait?
If I don't hear anything back from the lawyer or Capuest within the 12 days... does it mean that it has ended...?
What happens to the Court claim?
Thanks in advance.
Merry Christmas
WaWa

- - - Updated - - -

I forgot to mention that I have checked my credit rating at clearscore website... my rating is 308... with no mention of the court claim.

Wa wa

Good morning Wa wa,

If the claimant does not have the relevant credit agreement or a compliant reconstituted copy they cannot enforce the debt via the court.

The timescale for the CCA request is 12 + 2 Working days.

nem

[WaWa]

Re: WaWa v Capquest

Good Morning nem,
Thanks for the reply..
As it has been 3 weeks since I sent out the letters suggested by this site as the basic first steps..the only letter I have had is from Drydensfairfax confirming receipt of the letter I sent... they said that the account has been placed on a temorary hold while they contact Capquest for information.
Does this mean it's over?
Thanks in advance
WaWa

[MIKE770]

Re: WaWa v Capquest

No - it is not over, only time = they would have to discontinue for that to happen or along the line a court case actually took place resulting in a win or loose for you, they state case on hold! which cannot be the case ( to fool you), only a court could put a hold on a case, meantime the ball is in their court to produce the requested paperwork, meantime the court will follow procedure and they and you will be notified of the next step == Always Follow Court Directions, !it is up to them now to produce the evidence

[nemesis45]

Re: WaWa v Capquest

Good Morning nem,
Thanks for the reply..
As it has been 3 weeks since I sent out the letters suggested by this site as the basic first steps..the only letter I have had is from Drydensfairfax confirming receipt of the letter I sent... they said that the account has been placed on a temorary hold while they contact Capquest for information.
Does this mean it's over?
Thanks in advance
WaWa

Hello Wa wa,

Please be aware that Drydens ( and any other m solicitors for that matter) " ON HOLD " is not a formal grant of extra time to deal with court documents, so you must comply and complete and serve any court documents as directed.

At this point in time Capquest cannot enforce the debt as the have not complied with the CCA request.

nem

[WaWa]

Re: WaWa v Capquest

Thank you nem ... I will let you know if I hear anything else..
Happy Christmas!
WaWa

- - - Updated - - -

Thank you Mike770
I will come here with any more updates
Happy Christmas!
WaWa

[nemesis45]

Re: WaWa v Capquest

Thank you nem ... I will let you know if I hear anything else..
Happy Christmas!
WaWa

- - - Updated - - -

Thank you Mike770
I will come here with any more updates
Happy Christmas!
WaWa

Best Wishes for a happy :tree:Wa wa

nem

[Diana M]

Re: WaWa v Capquest

I will let you know if I hear anything else

The next move is yours to make.

This claim was issued on 23rd November so you need to start thinking about your Defence which must be filed soon, no later than 33 days from the Claim Issue Date. You can file it online but If you're filing it by post you'll need to account for the Christmas post.

Draft a Defence and then post it on the forum for someone to help you with any necessary tweaks.

Di

[MIKE770]

Re: WaWa v Capquest

Monday, 26 December 2016 = 33 days

[WaWa]

Re: WaWa v Capquest

I've done a draught of my defence.. I know it's very near christmas and you are all very busy, but I would really appreaciate if someone could give it the once over just to make sure I've done it right.. then I will put in onto the Court website as my defence.
Thank you for the template..
Many thanks in advance




My defence to the court:





1: I received the claim XXXXXXXX from the Northampton County Court on 25th November 2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be foraCatalogue Accountagreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Shop DirecttoCapquest Investments Ltd with no date of the transfer given. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 28th November 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Ltd I requested the Claimant provide copies of the Credit Agreement, Default Notice and Notice of Assignment .

9. Drydens Ltdhas not sent any of these documents to me.

10. On the28th November 2016I sent a formal request for a copy of the original agreement to Capquestpursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed ………WaWa…………………………………

Dated ..............22nd December 2016.................................... ....

---

- - - Updated - - -

The day 33 for me to get this in will be on Boxing day.!

[nemesis45]

Re: WaWa v Capquest

Hello Wa wa,

Is there nothing else that you have e.g. any dispute with the original creditor, do not recognise the debt/account?

Just check your spacing otherwise OK.

nem

[Diana M]

Re: WaWa v Capquest

The day 33 for me to get this in will be on Boxing day.!

If the deadline falls on a weekend or Bank Holiday then you can file it the following day by 4 pm. However if you're happy with your Defence you can file it on Saturday (24th) after the postman has been just in case there's a last minute letter/response from the solicitor (which I doubt).

Then you can forget about all this over Christmas

Di