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HowardMoon

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Everything posted by HowardMoon

  1. Just to add - CPR31.14 request was posted 19th August by recorded mail and signed for on the 20th.
  2. Hi all Just an update to my situation. It is now over 7 days since the CPR31.14 was sent to Wescot and I have heard nothing back. Should I just go with the below defence ? 1. The Claimant's claim was issued on xth August 2011. 2. The Defendant 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. The claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission. 3. The Claimant's cla
  3. Issue date on the claim form is 9th August so going to get going with it now - Thanks for your help.
  4. Do I need to SAR or CCA ? I would think a CCA given the OC ?
  5. Apologies Ive just seen the template in your link !
  6. Thanks Elsa thats great. You wouldn't happen to have SAR & CPR 31.14 templates that I could use that relates to the POC would you ? Sorry for being cheeky ! Regards Howard
  7. I know it's statute barred as I've been in my current property for over 6 years and this is an account from probably 2 or more years before that. I went through lots of problems around 10 years ago which resulted in a lot of accounts just being 'forgotten' ! Head in the sand basically. I've had a few SDs over the last few years from Capquest for similar accounts but successfully had them set aside due to the statute barred rule, it was just the wording in the POC of this one that I wasn't familiar with as I know I haven't acknowledged the debt. Do you think this is just them ma
  8. Hi everyone, hope someone can help me with this ! I have just received a claim form from Northampton CC which I believe is statute barred. I intend to respond via moneyclaim.gov disputing the full amount however the POC has something in it that I'm not sure about and wondered if anyone could shed any light on it : The claimant claims for sums due under a/various Mail Order Agreement(s) entered into between Shop Direct Limited and the Defendant. The rights of Shop Direct Limited passed to the Claimant pursuant to an assignment dated 21/11/06 between Shop Direct Limited and the
  9. Ok guys thanks for your replies. I rang the court to ask what the procedure is now as Capquest wish to withdraw the SD and I didnt know whether I still had to attend the hearing or not. The court clerk said that she had spoken to the judge about this and said that the hearing date would still be listed even though Capquest want to withdraw as I may wish to put forward my thoughts & any argument for the set aside to the judge incase they try it on again. Alternatively she said that I could write to the court outlining my thoughts/arguments and also include my costs that way
  10. Hi all Quick update on my scenario. This just popped through my letterbox from Capquest : _______________________________________________________________ Dear Mr. xxxxxx Re: Application to set aside the Statutory Demand We acknowledge receipt of the application to set aside the Statutory Demand. We attach a copy of a letter we have sent to the court which we think you will find to be self-explanatory. Yours sincerely Legal Department 0870 084 3533 Encs. _______________________________________________________________ Follwed by: __
  11. Just an update ! Submitted my CCA to CapQuest on Thursday last week & took/swore in my 6.4 & 6.5 at court on the Friday. The clerk actually said that it will go to a District Judge for review before any decision is made on whether to arrange a hearing - is this standard practice now ? Anyway just got in from work and found the 'account on hold for 28 days' letter from CapQuest - should have guessed Anyone think they'll bother turning up to court now ? Hope not - all that I need to do now is prepare my costs - happy days ! Cheers
  12. Thanks for all the replies folks. I have already read up quite a lot on this subject and just wanted some second opinions so thanks again. I will be sending a CCA request to Capquest tomorrow whilst also visiting my local court to hand/swear in the appropriate documentation. I will post back when I have any outcome. In the meantime if anyone feels the need to add anything further to the thread please do ! Regards S
  13. Hi all. I have recently received a SD sent second class post from Capquest for an Egg credit card debt which is probably around 8 years old. I have had various other letters in the past from Capquest but have chosen to ignore them due to the age of the debt and the likelihood of it being SB. Because of the age of this debt I am unsure whether or not I received a CCJ at the time and obviously this is no longer on my credit report . I do have 3 CCJs from around this time (all unpaid) when my finances got out of control but my old credit report only shows one for £1693 that would
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