Name of the Claimant ? Capquest Date of issue – 10/10/19 Your acknowledgment of service was received on 25/10/2019 at 16:05:14 Your defence was submitted on 07/11/2019 at 09:55:10 Your defence was received on 07/11/2019 at 12:05:11 Particulars of Claim Not sure how to view this at the moment, as its not listed on the views I can see online. Will route out the paper copies and update in the morning. It is a Shop Direct / Littlewoods What is the total value of the claim? £3000 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBd Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? catalogue When did you enter into the original agreement before or after April 2007 ? After, in 2009 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? N Why did you cease payments? in 2013. Not sure exactly but it was early in the year. What was the date of your last payment? Early 2013 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? In 2013 early, but they never accepted.

Still showing on MCOL, but with no updates since sending my defence.

Thanks for such a speedy reply. It was for a littlewoods catalogue, ran from 2009 to 2013 when it defaulted. At time of service for small claims it had been over 6 years since last payment or any acknowledgment.

Hi, In October 19 I received a small claims pack about an old littlewoods account. I filed a defence as: "An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. No payment or written acknowledgment has been made to this account in over six years, therefore the claimants claim is denied under section 5 Limitations act 1980. Further a section 77-79 CCA sent/requested on 15/10/19 and has not yet been acknowledged or received. On the same date a request was made for a copy of the alleged Default Notice (made under CPR 31.14), mentioned in the particulars of claim, no reply to date has been received. Finally a copy of the alleged assignment was requested on the same date (made under section 77-79 CCA) and has not yet been received." I received a letter back saying they were attempting to satisfy my requests, but nothing since. The claim is still there, does it have any time limit at this stage? Any help would be very much appreciated.

Can you send like a statement with the form, otherwise the reasons for her outgoings may not be obvious?

Yes - its the balance shown on her statement from the payment plan - which itself matched the closing balance on the account Thanks again

Many thanks guys

Thanks for your help One last question, would they be able to get a warrant to take goods? I'm sure one of the letters reference it.

Not working no, housing association property, single and she says note when I asked about the credit file. Shes done really well the last year in learning to live within her means

Sorry 11 May, she received it yesterday.

Yes notice of judgement (by default) Full amount is ordered to pay, can't see a date listed to pay by on the judgement other than "forthwith"

It was £10 per month, and yes they now want £800 per month. They refused to take into account her additional expenses, but would include the PIP/DLA as income.

Nope no new address for over 5 years - same address as the catalogue sent deliveries to as well. Yes Arrow had the address - she was getting regular statements for the payment plan she had. Thanks

Hi - sorry if I've been a bit unclear - the payment plan was with Arrow Global - who then told her to stop making payments she then started to receive letters from Restons who never replied to her income and expenditure statements twice, but kept sending her standard letters threatening action.

Arrow Global is the claimant and Restons the solicitors.