Capquest and Reston Solicitors - claim form in the County Court Business Centre

[robkeleuk]

Hi All,

I am helping out my friend who has been involved with Reston Solicitors communication who were acting on behalf of Capquest. I only found out about his problem when Reston Solicitors were involved and they are trying to play quite a hard ball.

My friend has kept few letters from Capquest and following my advice started keeping all letters from Reston Solicitors and Capquest.

So since the end of the last year he kept getting letters from Capquest advising him of £350 debt and asking to pay off. They kept offering discounted sums to him etc however at no point did my friend question what this debt refers to as he could not remember owing anything to anyone. I have the letter from Capquest dated 22nd February 2017 where they still offered a discounted option available to my friend.

Their next letter dated was 18th March 2017.This time Capquest inform that my friends account has been given to Reston solicitors who will manage the case on their behalf and therefore all of the correspondence should be sent to them instead. My friend asked me what he should do at that point. As he has never made any response I suggested to start from the beginning and to send a formal CCA request which he did. The request were sent to both Capquest and a copy of it to Reston Solicitors advising that CCA was requested from Capquest.

True to Capquest word a letter from Reston Solicitors arrived shortly afterwards dated 28th March 2017. My friend quite panicked seeing Court action there thinking he is invited to the court. I spoke to him and advised that this is a threat only of what they can potentially do should he keep ignoring those letters as he did over the time.

In regards of CCA request my friend has received differently dated responses from both Reston Solicitors and Capquest. Reston solicitors responded on 5th April 2017 informing that our draft letter (they so called it) has been returned as it was not signed. They requested that all of documentation is signed failing which they will not acknowledge receipt nor provide any response. That was quite expected seeing they seem to do that to quite a few forum users who were dealing with Reston Solicitors. What was quite funny is the second paragraph in the letter which stated: ''You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it". So they acknowledge that anyone request information is entitled to receive it and they are also to send my friend official letters however they are unwilling to accept a letter without a signature even though it is clearly marked by whom it was sent.

My friend has responded to Reston Solicitors on 16th April advising that he will not leave his signature on the letter as it could be transferred anywhere. He also informed that 12 working days since his CC request has passed and he has not received any information related to there and therefore he cannot recognise any debt mentioned.

Strangely enough around 25th April 2017 my friend received a letter from Capquest dated 12th April 2017 who stated that they have received a CCA request and they forwarded to Shop Direct to obtain it. At this moment my friend got even more confused as he has never heard of a Shop Direct. I advised him to finally check his credit report (as he did not earlier) and to see if there are any defaults on his account. As it turns out he has a defaulted account which is traced to a purchase from Very and has been defaulted back in 2013. My friend does remember making payments for the purchase however was under impression that a last full payment has been cleared and he does not owe anything.

Since then there were no other letters nor responses from neither Reston Solicitors or Capquest when suddenly Claim form in the County Court Business Centre has arrived dated 12th June 2017.

My friend is quite panicking now as he clearly does not remember when the final payment has been made and why was it not accepted. I mentioned that so far Capquest and Reston Solicitors have failed to provide any proof of CCA and therefore they are in not a very strong position to bring this very far.

I was thinking to advise him to disagree with the claim which he has still time to do. Then he would get additional 14 days should he be needed to provide more defence. I was thinking a form of defence at the moment would be the following points:

- the debt is not recognised and despite all of actions Capquest have failed to provide Consumer Credit Agreement.
- Capquest have informed me on 12th April 2017 that they have requested some company called Shop Direct, which I do not recognise, to provide documentation under the Consumer Credit Act 1974. Since then Capquest have failed to provide any documentation.
Capquest have used Reston Solicitors who failed to communicate with me adequately even though they were happy to send letters to my address under my name.

Any other thoughts please?

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Two more screenshots of letters sent by my friend (address and name deleted for a reason)

[charitynjw]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Hi robkeleuk

Very is a trading name of Shop Direct.
If your friend has received a County Court claim, an acknowledgement should be filed with the court asap.
There's no real advantage in delaying; if the claim is via Northampton County Court Business Centre, you can do so via Money Claim Online (details are in the claim pack).
For now, defend in full.
If your friend lives in England/Wales, do not contest jurisdiction.
Do not enter any dialogue at all in the 'defence' box.
If you are going to represent your friend you will need to get a signed letter of consent.

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Hi robkeleuk
For now, defend in full.
If your friend lives in England/Wales, do not contest jurisdiction.
Do not enter any dialogue at all in the 'defence' box.

Thank you.

In regards of the defence box - by leaving it empty and not entering any dialogue am I right to believe that the court case will go ahead and the presence will be required? Or will the box have to be filled at a later stage?

[charitynjw]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Once acknowledged, you can then submit a defence up to 33 days from the claim issue date.
This will give you more time to file a more considered defence.

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Thanks. so the acknowledgement will be filled today and then we will have quite some time to make a better defence to which the court claim would be dropped and Restons/Capquest would have to prove that debt exists

[Diana M]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

so the acknowledgement will be filled today and then we will have quite some time to make a better defence to which the court claim would be dropped and Restons/Capquest would have to prove that debt exists

Not quite

Once you file your Defence the Claimant is served with a copy by the court and is given 28 days to inform them (court) if they intend to continue with the proceedings.

If they say they do intend to continue then you will be sent a Directions Questionnaire to complete which enables the court to make decisions on what happens next and where.

If the Claimant doesn't inform the court that they wish to continue then the claim becomes stayed (a pause button) not dropped.

The claim remains live until it becomes either struck out by the court, discontinued by the Claimant, or dismissed/upheld by a DJ at a hearing.

I should add that depending on what both sides agree to, there is another option which is the case can be settled utilising the court's free telephone Mediation service if appropriate.

Di

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Thank you very much guys.

Acknowledgment was filed today.

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Hi all,

So as mentioned earlier the acknowledgement was filed on 26th June. I have now returnee from my holidays and spoke to a friend who hasn't progrssed this much as is still due to file a defence.

Should he just write the sequence of all events that have led to this point specifically emphasising that CCA request was acknowledged though never sent to him and therefore he has no idea what this debt is about?

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

I have previously written in the initial post what defence I thought my friend could put in. We have expanded it a little bit to include more dates. Any ideas should he add something more to it please?

- the debt is not recognised and Capquest were made aware of this. On 27th March 2017 I have requested Capquest to provide a copy of Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Agreement.
- Capquest have informed me on 12th April 2017 that they have requested some company called Shop Direct, which I do not recognise, to provide documentation under the Consumer Credit Act 1974. Since then Capquest have failed to communicate with me nor did they have provide me with a copy of Consumer Credit Agreement as per my request on 27th March 2017.
- Under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under sections s.175 and s.189 of the act.
- Capquest have additionally used Reston Solicitors who have failed to communicate with me adequately. Even though they were happy to send letters to my address under my name they have failed to fully respond to answers sent back to them.

Your thoughts?

[MIKE770]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

shop direct owners of many catalogues i.e. Very/Littlewoods etc

[charitynjw]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

There is a defence template on the forum which you can tweak to suit.
http://legalbeagles.info/library/gui...-court-claims/
Add any further points which you feel are applicable. (For instance, if the alleged debt was statute barred you would add a line to cover that).

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

Many thanks guys, will try something later at night ans will try to upload here

[robkeleuk]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

First of all would like to confirm something. Claim form was issued on 12th June 2017 and acknowledgement filed on 26th June. When is it the last day for the defence?

Having looked at the defence form link kindly provided by charitynjw we have came up with the following (though still few questions in the bracket) :

1.I received the claimxxxx from the Northampton County Court on 12^th June

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 for a Credit Card or Loan or Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into an agreement/agreement with Shop Direct for provision of credit.

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

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into (Claimant states that this was date on or about Sep 27 2012)

7.The Claimants statement of case states that the account was assigned from Shop Direct to Capquest investments Limited on 19^th June 2013. The Defendant does not recall receiving notice of this assignment.

8.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. (

(Experian credit score however shows a defaulted account with shop direct on 6^th June 2013) )

9.On the 27^th March 2017 I sent a formal request for a copy of the original agreement to Capquest Investment Limited pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

10.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.

11.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.

12.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.

13.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.

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

Any thoughts please?

[MIKE770]

Re: Capquest and Reston Solicitors - claim form in the County Court Business Centre

item 3 - what is credit card/loan/catalogue state what it is for delete what it is not