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*** SCOTTISH LAW APPLIES ***
Hoping someone is able to direct me in my next point of action.
Received hand delivered Scottish Small Claim Summons from Falkirk Sheriff Officers 22/11/2016. (Form 1a)
I received a copy of the small claim summons from Shoosmiths the following day (23/11/2016). No covering letter, just an exact copy of the small claim summons delivered by Sheriff Officers.
Pursuer is Capquest Investments Ltd and their solicitors are Shoosmiths LLP.
Contract between Shop Direct Ltd from 8 September 2010 by Littlewoods Mail Order. Apparently the last date for demanded payment from Shop Direct was 6 June 2013 and then Capquest bought over the debt 19 June 2013 (debt purchase agreement)
Outstanding alleged debt of £2287.
Return date 22/12/2016
Hearing date 05/01/2017
I have no recollection of ever receiving debt letters, final demand payment letters nor court of action threatening letters from Capquest.
After reading forums online I wrote to Capquest 28/11/2016 for a CCA request using the standard CCA request template letter found on one of the Legal Beagle forums. This was sent recorded delivery with a £1 postal order enclosed. (No personal signature attached to either the letter or postal order due to advice I'd read on forums here.) A copy of this letter was also sent to Shoosmith LLP with a one sentence covering letter about the attached request letter sent to Capquest.
I received the following response letter from Shoosmiths LLP (even although I sent the letter to Capquest for evidence/original documents.)
"We note your request for the nature of the agreement and balance outstanding.
We can confirm that the original lender is Shop Direct Ltd in respect of the original agreement being a Littlewoods Mail Order signed on 8 September 2010 with reference number XXXXX. The last date that payment was demanded was 6 June 2013. We have requested statements of the account from our client however we cannot give an undertaking of when we will be in receipt of these.
The balance outstanding is £2287 however as court action has already been raised, judical expenses have been incurred."
The closing of the letter is the box standard "our client is willing to come to a payment arrangement regarding outstanding debt," with closing response to seek advice as matter of urgency.
With this letter being received from Shoosmith, what does this mean? They have listed the alleged debt amount and dates on the letter, but no other documents have been sent with it. Do I respond to this letter?
I am still awaiting the CCA request from Capquest. The 12 working days to receive this will be up next week.
I have lodged a defence response to the court summons as I have no indication about what this debt is for nor have any documents or evidence surrounding it. Still haven't been provided with any documents surrounding it to date.
Could someone please advise me on my next step in this process? Do I wait to see if I receive the CCA request within the time perimeters given as sent out in legislation? If not, do I then send the second letter to Capquest about not receiving this and also submit a letter to the Sheriff Court surrounding the evidence requested but not received?
Please someone advise ASAP!
Thank you!
Hoping someone is able to direct me in my next point of action.
Received hand delivered Scottish Small Claim Summons from Falkirk Sheriff Officers 22/11/2016. (Form 1a)
I received a copy of the small claim summons from Shoosmiths the following day (23/11/2016). No covering letter, just an exact copy of the small claim summons delivered by Sheriff Officers.
Pursuer is Capquest Investments Ltd and their solicitors are Shoosmiths LLP.
Contract between Shop Direct Ltd from 8 September 2010 by Littlewoods Mail Order. Apparently the last date for demanded payment from Shop Direct was 6 June 2013 and then Capquest bought over the debt 19 June 2013 (debt purchase agreement)
Outstanding alleged debt of £2287.
Return date 22/12/2016
Hearing date 05/01/2017
I have no recollection of ever receiving debt letters, final demand payment letters nor court of action threatening letters from Capquest.
After reading forums online I wrote to Capquest 28/11/2016 for a CCA request using the standard CCA request template letter found on one of the Legal Beagle forums. This was sent recorded delivery with a £1 postal order enclosed. (No personal signature attached to either the letter or postal order due to advice I'd read on forums here.) A copy of this letter was also sent to Shoosmith LLP with a one sentence covering letter about the attached request letter sent to Capquest.
I received the following response letter from Shoosmiths LLP (even although I sent the letter to Capquest for evidence/original documents.)
"We note your request for the nature of the agreement and balance outstanding.
We can confirm that the original lender is Shop Direct Ltd in respect of the original agreement being a Littlewoods Mail Order signed on 8 September 2010 with reference number XXXXX. The last date that payment was demanded was 6 June 2013. We have requested statements of the account from our client however we cannot give an undertaking of when we will be in receipt of these.
The balance outstanding is £2287 however as court action has already been raised, judical expenses have been incurred."
The closing of the letter is the box standard "our client is willing to come to a payment arrangement regarding outstanding debt," with closing response to seek advice as matter of urgency.
With this letter being received from Shoosmith, what does this mean? They have listed the alleged debt amount and dates on the letter, but no other documents have been sent with it. Do I respond to this letter?
I am still awaiting the CCA request from Capquest. The 12 working days to receive this will be up next week.
I have lodged a defence response to the court summons as I have no indication about what this debt is for nor have any documents or evidence surrounding it. Still haven't been provided with any documents surrounding it to date.
Could someone please advise me on my next step in this process? Do I wait to see if I receive the CCA request within the time perimeters given as sent out in legislation? If not, do I then send the second letter to Capquest about not receiving this and also submit a letter to the Sheriff Court surrounding the evidence requested but not received?
Please someone advise ASAP!
Thank you!
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