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Capquest got sneaky CCJ by Default - shop direct debt

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  • Capquest got sneaky CCJ by Default - shop direct debt

    On 2nd July 2013 I received a Claim Form from Northampton (CCBC) County Court with an Issue Date of 27th June 2013 (attached).

    Capquest were claiming the value of £299.99 plus costs related to a Shop Direct account I had taken out in 2010 but stopped paying in 2011 as I lost my job and had difficulty making payments. Although I believe the original debt was closer to £450 which means they've split the claim.

    I subsequently acknowledged service of the Claim Form through Money Claim Online with the intention of submitting a defence in due course.

    I also sent two letters to Capquest, a CCA s.78(1) request and a CPR 31.14 request (both attached) on the 3rd of July, I subsequently received a response from Capquest dated 12th July which included a copy of a Notice of Assignment from Shop Direct and a Debt Purchased letter from Capquest which were allegedly sent to me on the 8th of February 2012 (I can not find these in my files from Feb 2012), the letter (attached) also stated that whilst they liase with Shop Direct to resolve this matter no further legal action will be taken.

    Naively, I submitted no defence to the Claim Form and had received no further correspondance until 27th December 2013, when I received a Judgement for Claimant (in default) dated 9th December 2013 and with costs of £90, not £65 as stated in the original claim form.

    Today I spoke to the County Court who advised that I call Capquest directly to ask them to discontinue the claim, which I did and Capquest advised me that they will investigate, but I'm worried that this will just be a stalling tactic and nothing will happen.

    I've been scouring these and other forums all weekend for some advice, I know that I could pay £80 (which I can't afford right now) and apply to the court to set aside the judgement, but would be grateful for any advice on how to deal with this CCJ and Capquest as I believe that Capquest have misled me to manipulate a judgement by default and hope there is some other way to remedy this especially as Capquest have failed to provide respond fully to my CCA s.78(1) and CPR 31.14 requests.

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