Help Needed

[Diana M]

Re: Help Needed

in answer to your other questions - I just replied to the court form and Shoosmiths LLP Solicitors have now contacted me.

So you filed your Defence, possibly online, stating that there was a CCA Request which had not been complied with. Did you say anything else (in your Defence)?

If you have never sent a CPR 31.14 Request then maybe now is the time to do it. This forum has a template to guide you here > http://legalbeagles.info/forums/show...382#post410382

(I'm assuming from your last post that you've not done that already.)

Di

[paulaw2212]

Re: Help Needed

Hi Di - you are correct - I returned the claim form with the defence that I had not received the information requested. The court confirmed my letter and said the claimant had 30 days to provide the information otherwise the case would be closed and would need to be reopened.

Shoosmiths have now written to me wanting a reply by the 2nd of May.

I will look into the CPR request you mention above.

Thanks
Paula

[Amethyst]

Re: Help Needed

Paula, was this a Littlewoods catalogue account or an Additions account originally ? Apologies if you've already said.

[paulaw2212]

Re: Help Needed

It was a Shop Direct Limited - brand Additions.

Regards Paula

- - - Updated - - -

Sorry but I may be confused - the summary letter from Shoosmiths says I entered into a credit agreement with shop direct limited, branded as Very. But the account summary says shop direct group with Additions!

Maybe I'm just getting confused

[Amethyst]

Re: Help Needed

Very didn't come into being until 2009, I believe Additions accounts became Very all under the Shop Direct header. If it had been Littlewoods there might have been an issue as that was Nov 2005 when Shop Direct & Littlewoods joined up. Its understandable them stating now you entered an agreement with Very as it was Very at the time of default in 2010, and now. The actual agreement doesn't specify a brand.

Also an issue as to when Shop Direct became Shop Direct Financial Services Ltd as I recall. It is tricky to untangle via Co House, but we do have some info around about the place somewhere, I'll try dig it out. I think yours is a bit too late though ( particularly if Feb 2006)

I find it odd your CCA is dated May 05 yet the solicitor states the account opened in Feb 06 - I guess May 05 could be the version of the CCA date. Do the statements and that that they sent you back up the Feb 06 date ?

Another issue with lots of these Additions ( and littlewoods ) accounts is that they didn't get an agreement signed before giving you the credit or the goods - they tended to send the credit agreement in with the first delivery and ask you to sign and return it - hardly anyone ever bothered so executed CCA's just don't exist. However 2005 it would have been possible to order and enter into an agreement online, I'm not sure exactly when they started doing the agreements online and I don't suppose you'd recall from over 10 years ago.

Just mithering really - I don't know whether a new agreement would have been necessary as it was basically a change in trading as name not overall company - [MENTION=87380]Diana M[/MENTION]; will know whether anything is worth looking further in to.

[Diana M]

Re: Help Needed

Shoosmiths have now written to me wanting a reply by the 2nd of May.

I will look into the CPR request you mention above.

In which case the CPR 31.14 Request can be your reply to them can't it

Am I being silly, but I can't see the name of the Claimant on your thread?

Can you post up (type out) the Particulars of Claim to see what they're claiming and why they think they have the right to claim it.

Di

[paulaw2212]

Re: Help Needed

Hi Di,

The claim form lists claimant as Capquest investments LTD with Shoosmiths as the address for sending documents and payments.

The form says the monies due from the defendant to the claimant under a regulated agreement between the defendant and Shop Direct Ltd and assigned to the claimant on 01.07.2012, notice of which has been provided to the defendant.

Thanks
Paula

[Diana M]

Re: Help Needed

The claim form lists claimant as Capquest investments LTD with Shoosmiths as the address for sending documents and payments.

The form says the monies due from the defendant to the claimant under a regulated agreement between the defendant and Shop Direct Ltd and assigned to the claimant on 01.07.2012, notice of which has been provided to the defendant.

That's interesting because according to the FCA Register their licence lapsed in 2015

Basic details

---

Capquest Investments Limited

625156

Lapsed

27 Rye Close FLEET Hampshire GU51 2QQ

Fleet 27 Rye Close FLEET Hampshire GU51 2QQ

Steven Greenwood sgreenwood@arrowglobal.net

Di

[paulaw2212]

Re: Help Needed

Hi Di - when I wrote to them in 2013 requesting information they replied saying they had asked Shop Direct for it and they would be contacting me again in 28 days. This letter has their address as GU51 as per the link you sent above.

The copy of their reply which I never teceived from them but which Shoosmiths have now sent me a copy of is a letter on plain not headed paper and with no address or contact details.

The address on the claim form is an address in Mancester.

I am very confused!

Thanks
Paula

[paulaw2212]

Re: Help Needed

So I sent the CPR request to Shoosmiths and they have come back with the standard response - they have also enclosed again all the documents which were with the original claims (and copies of which are shown earlier on this thread). I am not sure where I go from here - there is no signed credit agreement that they can send me and the letter which they claimed to have sent to me in 2013 is on plain not headed paper from Capquest.

Can anyone please help?

[paulaw2212]

Re: Help Needed

Can anyone help with the above? Thanks Paula