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claimform Capquest/HL Legal - old catalogue debt


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Had letters from capquest offering discount for a shop direct account

Have now received court paperwork from hl legal and collections

 

Particulars of claim

 

Part only of money's due under regulated credit agreement number ......

Between

Shop direct financial services ltd

And the defendant the benefit of wich was assigned to the claimant on 29 may 13

The agreement terminated upon the defendants failure to comply with the terms of agreement

 

This is dated 19 may

There is lots of late payment fees

What is the best way forwards SAR CCA ?

Is there and defence to this claim or have I left it too late?

 

Thanks

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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Can you have a read of the link above.. if you can provide answers to the questions asked.. and post them here in your thread, that would be good.

 

The Particulars of claim is vague.

 

If the date of issue of the claim is 19th May, then your timeline is as follows:_

 

Date of issue 19.05.2014 + 5 days for service = 23.05.2014 + 14 days to acknowledge the claim = 06.06.2014 + 14 days to submit a defence = 20.06.2014

 

Can you also give us a little more information regarding the debt (probably one of the questions asked in the link above :lol: )

Then we can advise further :)

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Hi,

 

Is that all of the P.O.C. that is printed on the Court paperwork?

 

What is the date on the P.O.C. ?

 

I first suggest a CPR 31.14 to HL Legal - link is here...http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Stigman

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a split claim huh?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your replies

That is the exact POC on the paperwork

 

The claiment is capquest

The amount is £499.99 plus costs

There is no 8% interest

Can not remember a default notice

Moved house and was struggling to pay so buried head in sand

Untill they found me

Do I need to defend all or admit part of the claim

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ALWAYS defend all

 

else you'll get a CCJ by default

 

get that CCA off and the relevant CPR 31:14

 

if its a cat debt

 

90% will be PENALTY charges

 

got all the statements?

 

is this on your credit file?

 

when did you take the cat out?

when was your last payment?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ALWAYS defend all

 

else you'll get a CCJ by default

 

get that CCA off and the relevant CPR 31:14

 

if its a cat debt

 

90% will be PENALTY charges

 

got all the statements?

 

is this on your credit file?

 

when did you take the cat out?

when was your last payment?

 

dx

Don't have all the statements

Will check credit file

There is lots of late payment fees can they be reclaimed /knocked off the bill?

Last payment was 2011 ish at the end off

Taken out 2007

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when 2007 pre or post april.

 

 

get an SAR off to shop direct asap

 

might comeback

 

the penalty charges can be reclaimed

if/if not they are relevant to the claim is debateable at this stage

prob not.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Capquest sent me the following letter

 

We write further to your recent CPR part 31.14 request for documentation.

 

Please be advised that we are currently liaising with shop direct financial services for the information that you have requested.once we are in recipe of this we will forward it on to you accordingly.

 

We can confirm that wile this is being investigated for you, no further legal action will be taken.

 

Litigation team

At top of letter HOW MUCH YOU OWE £722.67

 

Bit more than the £499.99 plus cost on claim form

As they can not get that bit right do I still need to submit a defence?

Or will they still go for it despite there letter?

 

Thanks

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you keep to you 33 day timeline REGARDLESS

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

have you acked the claim

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no rush yet

 

you have 33 day [inc the date on the form]

 

to do that

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Having received court paperwork for a old catalogue debt

Full of late payment fees I need to submit my defence today

 

Capquest have written back following CPR 31.14

 

That they will forward it on accordingly

To date nothing has been sent

 

What would be the best defence for this

If I miss today it will be a default judgment

 

Regards and thankyou

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This needs to be in the legal part of CAG. Will ask the site team to move.

 

What you basically need is a holding defence, which states that you are unable to enter a full defence as the claimant has not complied with a CPR 31.14 request. Then you can add on the other bits, about excess payment fees/charges.

  • Confused 1

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thread moved to the Legal forum (thanks UncleB).

 

Op...please can you let us know what the date of issue is as per the claim form?

 

19 may I do have a older thread about it do they need merging together?

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**** BUMP ****

 

Hopefully someone will pick this up. If you search CAG for 'holding defence' you will see examples whiich you can tweak to suit your case.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 5 months later...

wow good news

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have received a letter from capquest

 

There do not intend to carry on with court proceedings

 

They have notified credit agency to remove default from credit file

 

:-)

 

Notice of Discontinuance ?

 

Andy

We could do with some help from you.

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