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- Consumer Action Group

Yes I did through the courts website.

Do you need to write to Drysden Fairfax to tell them I have done this?

Only just had a reply from Drydens Fairfax.

Sending me documents I have requested. I am guessing this is in response to my CCA request.

What I have been sent are:

CCA Signed agreement, very poor copy which is illegible. Can just make out the signature on it.

A default agreement, mentions the wife's name and address, but no sign of a date anywhere.

Checked the online banking and last payment was made March 2007, then 3 failed direct debits, the the DD was cancelled.

In the letter it a states:

The claim remains pending with no judgment entered at present. If we do not receive a response in writing within 21 days of this letter we will continue to request judgment.

So is my next move to write to Drydens Fairfax and state that this is a statute barred debt as the last payment was March 2007?

Thanks Andy. It's all very scary.

If my claim was issued against me on 05/11/2013

and I acknowledgment of service was submitted on 12/11/2013

When is the deadline to do my defence?

This is what I found online so far.

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 yearsicon have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Would add the fact that I have sent off a CPR and CCA requests help and that i have had no answer?

OK looking at some old posts of other similar cases right now. To help with wording a defense . Can I do this all online or do I have to fill out the court form?

Do you think writing to the solicitors to state I am defending the claim would help. although no had a single peep from them yet.

In the process of compiling a defense.

This is the first time I have ever done anything like this.

So I basically have to tell the court that the debt is SB and that I have asked for proof of the debt to no avail?

OK sent off a CCA request the day after receiving the claim form to Lowells

Sent off a Statures Barred letter the same day to the solicitors and Lowells.

Sent of the CPR request in Friday as it took a bit of home work to compile one.

Read on another thread the you can call the court and ask for more time if documents have not been sent.

Will look at compiling a deference tomorrow. As I'm about to start a 12 hour shift.

OK wrote to them a week ago,

Nothing yet, still waiting....

Not 100% sure on the date of the last payment and the default.

If I write to Lowell do they have to tell me this information?

Cheers Uncle,

Will chase up some more info.

The crazy thing is I work at Nottingham railway station across the road from Capital One UK HQ! This is a debt from before I knew my wife one of those crazy £100 credit limit card and the are now after £900 plus!

Just about to complete the acknowledgment of service online to allow some more breathing space.

Hello,

Posting on behalf of the wife. Lowell have dug out an old Capital One debt and sent out a County court claim form.

The debt is in the wife's maiden name and we have been married for 5 years now and I know for certain nothing has been paid towards this debt for at least 7 years.

POC are:

The claim for the sum of xxx and is in the respect of monies owing by the defendant on a credit agreement regulated by the consumer credit act 1974.

The original creditor was capital one bank europe pls under the account number xxx.

The defendant failed to maintain the contractual payments due under the terms of the agreement and a default has been served and not complied with.

2. The debt was legally assigned to the claimant by capital one bank on and a notice of assignment was served upon the defendant.

3.The claim also includes statutory interest persuant to section 69.....

Claim is dated 5th Nov.

What is the best planned of attack. The wife has no correspondence for years. Then this. I'm hoping the debt is staus barred. However don't know if it is best to tell the courts or Lowell first.

Well I had a letter saying the debt to Halifax was being returned to them as the could not provide any evidence of the debt.

However I had had a letter saying the a judgment has been given against me.

So going to the CAB for advice now as the judgment is for almost £3000.

Where did you travel from as it may not be a pently fare station.

Cheers for the help and advice so far.

Time is a bit short, but what can I write to capquest regarding to prove the mobile phone debt?

Had a letter from capquest regarding CCA request.

It saying that this come under the mobile telecommunications act rather than the consumer credit act.

It states that a copy of the contract would have been supplied to me in store.

This debt relate to an exclusive online deal, I have never set foot in a store.

Is there anything I can do to get evidence of this debt and charges?

No the county court forms say the claim was started by Westcot.

Had a letter yesterday from Westcot returning my £1 and saying the account has been returned to Halifax.

Does that mean the court action will be automatically dropped?

Had not had anything from Westcot regarding the Halifax debt ever. Last time I heard anything from the Halifax debt was from another DCA. Again can I use this in my defence.

Hello,

Still no CCA, if I get no response by the deadline, can I use this for my defence to the courts?

Thanks for the advice I will see what the Halifax CCA request brings up.

I can remember using my Halifax debit card all day long once, every payment being authorized, then getting a letter 3 days latter saying I was getting 4 x£35 charges for my debit card as something took my over my overdraft limit. Main reason I switched accounts.

Had a letter from Capquest regarding the action RE the Tmobile debt.

1st letter I have had from them for months. The letter says the wrote to me in February, which I never revived a copy of.

Hello Brigadier,

The particulars of claim on the Halifax say:

The claim is xxxx being monies owing to the claimant in respect of a credit agreement between halifax current account and the defendant under account number xxxxx.

The agreement was terminated as the defendant failed to maintain the agree terms. In accordance with the pre action protocols the claimant has attempted to contact the defendant and agree a payment plan.

The defendant has failed to respond or maintain a suitable arrangement. Halifax current account has sold and assigned all rights, title and interest, under this agreement to wescot SPV limted.

Then a statement about interest on the debt.

The one for Tmobile says

Part of the balance between Tmobile and the defendant for the supply of telecommunications services by Tmobile to the defendant number xxxxxxx the benefit of which was assigned to the claimant on xxxxx/2011.

The agreement was terminated by Tmobile upon the defendants failure to make payments under the contract.

The details about interest, the contact details.