Post 2007 - Marshall Ward - Capquest

[sytra]

Hi,

Been on Forum for ages and managed to win all but one claim that has been brought against us with advice from here.

 

However, this one is confusing me a little as not had to do it in a while.

 

 

My wife had a Marshall Ward catalogue taken out in Aug 07 so after the April changes,

 

 

everything was fine until 2012 when we got into a bit of trouble

one thing led to another and she got defaulted,

 

 

in 2013 Capquest aquired the debt,

we CCA'd them,

they sent a recon agreement and then all went quiet.

 

Oct 2016 my wife starts to get letters again from Capquest and now passed over to Restons.

 

 

We have SAR Shop Direct as we know the account has a few hundred in charges, and sent a pre action letter to Restons.

 

Now I know the Default is invalid on at least one point

but the recon CCA that capquest sent in 2013 I am not sure it is complete and correct.

 

 

I understand that post 2007 CCA have very little wriggle room.

I am going to be sending off another CCA to Capquest see if they can get anything this time.

 

1: Dates, it is dated by them nearly 4 months before the account was opened. Is this valid?

 

2: It has a term under key information that says "Details of up to date charges in relation to each of these matters are available from us" . They never sent anything relating to the charges mentioned within the CCA, do they still have to include everything mentioned?

 

3: Final agreement, again is dated 2010, the account was terminated in 2012, are these correct

 

4: Neither agreement has a tick box just a sig box, Is this right?

 

Does any one have a copy of the original T & C's from Marshall Ward Spring 2007 and ISME from Autumn 2012, I am sure I have seen somewhere that the 2011 /12 agreements actually mentioned the £12 default charges whereas the agreements I have don't.

[dx100uk]

moved to the mail order forum.

 

so you haven t got a claimform yet?

 

can you scan to one PDF what you've been sent.

 

the T&C and agreement copy should be in the SAR if you are lucky

do those match what was in the DCA's CCA return?

 

and whats this pre action letter to rectums for?

charges reclaims go to the original creditor

[Bazooka Boo]

I don't see any logic in sending numerous CCA requests out, one is enough.

 

As for the DN, it matters not that it is faulty, they can issue an enforceable at a time that suits them, all it means is that you could use it as a stalling tactic if needed?

[sytra]

moved to the mail order forum.

 

so you haven t got a claimform yet?

 

can you scan to one PDF what you've been sent.

 

the T&C and agreement copy should be in the SAR if you are lucky

do those match what was in the DCA's CCA return?

 

 

No, a claimform hasn't been sent yet, but we are expecting one.

Will scan a copy asap, the T&C nor agreement were in the original SAR

[sytra]

As for the DN, it matters not that it is faulty, they can issue an enforceable at a time that suits them, all it means is that you could use it as a stalling tactic if needed?

 

I know they can issue another when they find out it is faulty if they can be so bothered, however I won a claim a couple of years ago part of which was a flawed DN in that one the DJ decided the original DN along with the POC was enough to throw the claim out.