Something does not add up here.

They have done well to track him down. I think CapQuest might have been a bit sharper on this than we would normally give them credit for.

Something to bear in mind as well, you have mentioned that on the agreement is states the applicant as being a home owner and married, but at time application made they in fact were not. If the application was made online then the information will have been input by the applicant, if so I would not want to raise this matter in a court as could in fact lead to the applicant being charge with giving false information to obtain credit - a criminal offence.

What makes you think that?

Pinky69 So the thing to watch for if CapQuest issue a County Court Claim is if they ask for the court to enforce under s127 in the Particulars of Claim. However if as you say "The important thing is to try to avoid going to court at all by using these arguments to put the account in dispute and fight your corner". Would you not be giving them a heads up as to exactly how you would intend to fight this prior to them issuing a claim and then give them the opportunity to included the request for enforcement.

Would that leave it unenforceable, or enforceable under s127 by the court if claimant requested.

Just been looking back at the agreement, under the section headed PARTICULARS OF LOAN and all the load details and the APR 9.5 the following line appears: You apply for the following additional insurance cover: Have you covered something up, and is their a Customer Signature box before the text: You agree to pay the premium of Also was this loan applied for online or in a branch?

Kathleenbilly You would need to put them to strict proof over service of DN, if sent 1st class, service would be 9 June, 7 days from then would be 16 June so DN would comply. I still don't get the figure it looks like two missed payments + £25 cost of default letter, but amount of interest does not seem right (could be I'm not working it out right or they have added on something extra).

Came into force 1 October 2006 14 Default notices Substitution of 14 days for seven days where it occurs in section 88 of the 1974 Act (contents and effect of default notice)

Figures on DN don't seem to add up, but could just be me.

So April and May payments missed?

Yes. Sainsbury's Bank, part of HBOS, used to do the same.

CapQuest buy a 25k (nearly statute barred) debt from BOS for a song, probably 1p in the £ (along with a number of other debts). This could mean they have paid only £250 for the debt. CapQuest contact debtor, demanding payment or we take you to court. Debtor fails to pay. CapQuest issue County Court Claim for full amount plus costs. Debtor panics and offers a full and final settlement of say 10%. Thank you say CapQuest, we'll accept your £2500. Nice little return of 1000%.

Check this out, may be of use regarding GoDebt.

I would not take that view. You have the customer copy and the default notice you can start to build a defence based on those. Get them checked out, if they don't comply all the better, but don't wait for them not to provide within the time frame - they'll still issue a County Court Claim. They can as well supply a "recreated agreement" for the purpose of a s77/78 request, if they send that they have complied with the requirements of the CCA. They can then issue a County Court Claim well within the 6 year deadline. Not being able to supply the original agreement has not stop them before.

Ok, you've only just started on the journey, hopefully you'll get to stretch it out for the next 7 months and 15 days.

Yes of course if they turn it up, how long since you asked for CCA?

- I've seen them before like that its pretty common, when you get the bank copy it will probably have applicant and bank signature on.

Is the amount of arrears for 3 months payments then is last payment made on 25/02/2005? And is this figure correct?

Still not clear, although that's probably good because the agreement number is on. What is the date by which the arrears need to be paid? Could make out Ms Edwards signature, she has got around a lot.

Well done Pinky, hard work pays off in the end.

I would proceed with caution, some banks when they give you a CUSTOMER COPY of an agreement do not have customer signature and/or bank signature boxes on them. However the CUSTOMER COPY should have all the required prescribed terms. Have you checked this out? Does the DN issued comply as well? The image you have posted is too small too tell.

Back in 2004/2005 creditors were a lot more free and easy with their money and probably had a lost less staff working in their collections departments, could have very easily slipped through the net.

In that case I would hold off with sending letters telling them its SB until after 25 Feb 2011. All you are doing is alerting them to the fact they are running out of time if they want to issue County Court Claim.

Creditors can have a CCJ registered again if NOT paid up in full after 6 years.