Thanks havinastella, I haven't sent that letter and will do so now of course by recorded delivery!! Firstship - it was originally a loan with Welcome finance for a car, the car was wrote off due to an electrical fault and caught fire, they had the money from the insurance but said I still owed the balance.

I will try thanks Donkey have started another thread now

I had posted on another thread and DonkeyB (thanks Donkey) suggested I start my own and get some help on how to deal with these idiots!!! In short the last acknowledgement of the debt (payment) was 30/09/2002, I have moved house several times since this and received a letter dated 23rd March 2010 from Ruthbridge Ltd demanding immediate payment or they would start bankruptcy action, after checking as I always do on consumer direct I realised this was statute barred and duly sent the statute barred letter via email to there email address on the letterhead on the 6th April 2010, no response to this. I then received a letter on the 20th April, suprisingly dated 6th April (same date as my email) it was just a copy of the original demanding payment or they woudl proceed with bankruptcy action. I realised my error in sending the statute barred letter via email so sent it recorded with a copy of my email attached stating ' for the avoidance of doubt that you received my email here is the recorded letter'. In response I have now received the same demand letter again offering me a discount of 50% if I settle before 7th May 2010, and copies of my original loan agreements, income forms etc and a print out of payments made which confirm that the last payment on my account was 30th September 2002. On the bottom of the letter in handwriting not type print, yes I kid you not, is written P.S. Date default registered was the 5/11/04 by vendor. DonkeyB has suggested that I should draft some sort of response to them as I am right in that the last payment date is which to base statute barred on not the default registered date, which incidently wasn't received by me. Could someone in the know please advise what this response should say, and also I have been advised to report them to OFT and the SRA as they are solicitors. Thanks in advance for any help you can provide

Thanks Donkey, they are in fact a solicitors Ruthbridge Ltd, just about to start a thread of my own to see how I approach the OFT and SRA etc and a response to them would be great!! Thanks for putting my mind at rest

Thanks Donkey, they are in fact a solicitors Ruthbridge Ltd, just about to start a thread of my own to see how I approach the OFT and SRA etc and a response to them would be great!! Thanks for putting my mind at rest

Thanks Donkey, they are in fact a solicitors Ruthbridge Ltd, just about to start a thread of my own to see how I approach the OFT and SRA etc and a response to them would be great!! Thanks for putting my mind at rest

Sorry to butt in on your thread just wondering if anyone can help I have a statute barred debt with confirmation from themselves that the last payment received was by DD 30/09/2002, I have sent statute barred letter and they have now responded with an offer to pay 50% or they will still take court action, they have added a P.S. in handwriting on the bottom of the typed letter stating the default was only registered 05/11/2004 (seriously I kid you not in handwriting!!). Is this just a scare tactic, am I correct that this is statute barred from date of last payment NOT the default, which incidently I never received as they sent to an old address?? Please could someone just confirm. Thanks

Ok guys finally I have some sort of response from Capquest and the courts, there is a final call today for any witness evidence (no verbal) and for the judge to consider points 31 - 43 in my defence (further up on this page. A full hearing subject to the judge not strking it out before then (wishful thinking) is scheduled for the 24th september. They have sent a long winded witness statement that I can not make head nor tail of, can anybody offer any help or advise. I am nearly at the point of giving up which is probably what they want.

Thanks sansho I will remember that. No letters or response from Capquest or the courts yet, I am not hurrying them and will just wait and see what happens now, I will of course keep you all up to date as and when I hear from any side.

Ok posted off defence today copy to court and copy to Crapquest sol's, thanks pt . I will of course keep everyone updated!!!

Hi pt2537, Thanks so much for this it looks like a lot of work, I do value it especially when you have been ill. I have printed it off for a bit of bedtime reading tonight and shall put in my details and check it, at first glance it looks great though. Words cannot express how thankful I am to you!!!

Thanks pt253. Sansho - unsure as to what you mean could you clarify? If you mean have they gven me a copy ......no I have received no paperwork fom them whatsoever in relation to this case, only the court papers that they have filled in recently. No response to any of my requests.

Hi pt2537 sorry for late reply yes I have sent the statutory CCA request along with £1 payment, and no we never received a notice of assignment from them. Thanks for this I have to send this defence by the latest tom afternoon to arrive in time.

Thanks pt2537 really appreciate it

Hi Stapeley, I will give brief details of what has happened with this, however the majority of it is on this thread. When I met my partner he had been left in a lot of debt following a divorce, I endeavoured to try and help him sort it all out and came up with monthly payment plans etc, Crapquest being one of the debtors, however after agreeing a plan with them (I did all this and teh payments came from my account) it became clear that they were not very nice people, I was constantly harrassed to up the payments etc, even asked to sell my own vehicle, and it wasn't even my debt. This prompted me to look online for some advice regarding these people, I then found this forum and realised that they hadn't given my partner notice of this debt by way of letter of assignment and he had never received a default letter from Halifax or any other. Anyhow cut it short my partner received County Court Summons, we responded in our defence stating that we had sent request for copies of original credit agreement etc, they have now amended their Particulars of Claim and I am about to issue an amended defence myself. I am prepared that we may have to attend Court in order to defend this further and we will do that if necessary. Hope this explains it all

Oh I hope so stapeley, I am guessing that they cannot locate the documents and are hoping I will not respond so they win by default. However I am determined not to give up on this!!

Thanks docman & pt2537, I can't quite express how much I value all your help over this matter. No credit agreement or documents attached the amended defence whatsoever and still no response to original request. Thank you look forward to receiving details later

Hi pt2537, Thanks for the swift response, below are details of the forms I have received from the court: Form N24 Before District Judge ***** dated ****** sitting at ******** Upon considering the Claimants application IT IS ORDERED THAT 1 the Order of District Judge ****** dated ****** is set aside and the claim is reinstated 2 The Defendant shall file and serve an amended defence by ****** 0n ****, thereafter the matter will be re-considered by a District Judge 3 This order was made as a result of an application by the Claimant without notice. If you object to the order you mus make an application to have it set aside, varied or stayed within 7 days of receiving it. (this time has now passed) Dated ****** On form N244 completed by HL Legal on behalf of Capquest in part A they have put 1 The Order dated ****** be set aside (This was in response to the case being struck out due to them not responding in time, however they did) 2 The Claim be reinstated because the Claimant complied with the Order of District Judge *** dated ***** by filing and serving Amended Particulars of Claim in Time Part B They have stated that they wish to rely on evidence in Part C in support of my application. Part C We wish to rely on the following evidence in support of this application I, *******, Solicitor of ********** make the following statement believeing it to be true and in the knowledge that it will be used as evidence in Court. 1. I am a partner of Messrs HL Legal & Collections, I practice from teh above address. I have conduct of this matter on behalf of the Claimant and am duly authorised by it to make this statement on its behalf. The facts and matters set out in this statement are within my own knowledge, in which case they are true, or have been acquired by me from the Claimants documents, records and employees, in which case they are true to the best of my knowledge and belief. 2. Th Court record will show that on ***** District Judge **** ordered the Claimant to file and serve Particulars of Claim which fully complied with the provisions of the Civil procedure Rules 1998 by **** on ****** in default of which the action be struck out. 3. I refer to District Judge *** Order made on the ******, also dated ****** and recieved by us on ******. The Order strikes out the action stating that the Claimants Amended Pleading was not received by the Court until *******. 4. I confirm that at 2.43 on ****** the Amended Particulars of Claim were sent to the Court by fax. I annex to this statement marked A a copy of our letter to the court dated ***** together with a Transmission Verfication Report confirming details of the fax. 5. I also confirm that on ******** the Amended Particulars of Claim were served upon the Defendant by email to his address given in his Acknowledgement of Service/Defence. I annex to this statemnt marked B a true copy of the email and attachments. 6. The Claimant regrets the lateness in complying with District Judge ******* Order of ***** which was unfortunately due to a delay in receiving information from the original debt owner. 7. In the circumstances I would ask the Court to accept that the Claimant did comply with the District Judge's Order in time and that as a consequence thereof teh action shoudl be re-instated. Amended Particulars of Claim 1 These amended Particulars of Claim are filed in substitution and replacement of the Particulars of Claim first filed on *******. 2 The Claimant seeks payment of the unpaid balance of sums due under a Loan Agreement (the Agreement) made between ****** and the Defendant. PARTICULARS i Date of Agreement: ******* ii Parties to the Agreement: ******* and the Defendant iii Number of Agreement: *********** iv The Agreement is a reglated Credit Agreement under The Consumer Credit Act 1974 v The total amount payable under the Agreement: ******* Vi The sum paid up: ********* vii Balance outstanding under the Agreement: ******* viii The term of the Agreement: *****@ ** per month 3 In breach of the Agreement the Defendant failed to maintain instalment payments as they fell due 4 It is averredd that it is not necessary for the Claimant to rely upon service of a Default Notice pursuant to section 8 (1) of The Consumer Credit Act 1974 as all sums payable under the Agreement are now overdue for payment. 5 The rights and duties of **** passed to the Claimant pursuant to an assignment dated ******** notice of which was given to the Defendant on ******. 6. The Claimant seeks interest pursuant to section 69 of The County Courts Act 1984 at the rate of 8% per annum from the date of issue and continuing at teh daily rate of £2.37 AND THE CLAIMANT CLAIMS 1 The said sum of ******* 2 Interest thereon as aforesaid 3 Costs DATED ******* Sorry for such a long post, this was all that was contained, thanks for your help in advance

Sorry for duplicate thought it hadn't posted it! Duhh

Thanks again Docman, the advise is invaluable at the moment!! Could anyone spare a few moments to help me with the wording of my amended defence? I know I need to mention the part regarding the defaut (Para 4 as mentioned by Docman)and that they have still failed to supply the original credit agreement and documents etc, but how do I go about this.

Once agan thanks docman, the defence must be with them by the 7th May. Anyone any ideas on how I word this back to them. I assume it will be based on their point 4 no default, and the fact they they have yet to supply documents, credit agreements to me. Thanks guys

Thanks Docman, I think in the first instance I will try to apply to have it set aside, any have any clue as to what I need to say?

Update on this case - help with amended defence would be greatly appreciated as they are obviously not going to give up.....I have today received in the post a General Form of Jdgement Order N24 It says the following: before DEPUTY DISTRICT ********* sitting at ******* County Court Upon considering the Claimants application ITI S ORDERED THAT 1 The Order of District Judge ****** dated **** is set aside and the claim is re-instated 2 The Defendant shall file and serve an amended defence by 4.00pm on *****, thereafter the matter will be re-considered by a District Judge 3 This order was made as a result of an application by the claimant without notice. If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it. In the attached Application Notice from Capquest solicitors in Part C the following: ******* make the following statement believeing it to be true and in the knowledge that it will be used in evidence in Court. I am a Partner of ******, I practise from the above address, I have conduct of this matter on behalf of the Claimant and am duly authorised by it to make this Statement on its behalf. The facts and matters set out in this Statement are within my own knowledge, in which case they are true, or have been acquired by me from the Claimants documents, records and employees, in which case they are true to the best of my knowledge and belief. 2 The Court record will ;show that on ****** District Judge ***** ordered that the Claimant to file and serve Particulars of Claim which fuly complied with the provisions of the Civil Procedure Rules 1998 by ***pm on ******* in default of which the action be struck out. 3 I refer to District Judge ****** order made on ******, also dated **** and received by us on *****. The order strikes out the action stating the Claimants Amended pleading was not received by the court until ******. 4 I confirm that at **** on ****** the Amended Particulars of Claim were sent to the court by fax. I annex to this statement marked * a copy of our letter to the court dated **** together with a Transmission Verification Report confirming details of the fax. 5 I also confirm that on ****** at **** we served a copy of the Amended Particulars of Claim upon the Defendant by his email address being ******* being an address stated in his Acknowledgement of Service to which documents should be sent, I annex to this Statement marked * a true copy of the email and attachments. 6 The Claimant regrets the lateness in complying with District Judge **** Order of **** which was unfortunately due to a delay in receiving information from teh original debt owner. 7 In teh circumstances I would ask the Court to accept that the Claimant did comply with the Distrct Judge's Order in time and that as a consequence thereof the action shoudl be re-instated. Where do I go from here and what should put on the defence forms, am at a loss now, I know that they still haven't provided me the original documents on which to base my defence as they probably don't have them.

Thanks Busby I will do that and see what they send back to me, how would I know whether their fees are fair? And whether they have already had enough money from me and the sale of my car?

A little bit of advise needed especially if someone else had had this problem. I took a loan with Log Book Loans in December 2006 for £800, and made the payments for around 6 weeks but was unfortunately made redundant, not something i could have forseen!! i wrote immediately to Log Book Loans who in short did not basically give a monkeys, I advised them that they had better come and get the car then as there was no way I could afford the payments. The car was collected some 5 weeks later allowing their charges etc to accrue on the account. The car was valued at approximately 2,000, I am unsure what they received for it after selling it but have heard nothing more from them until today when I have received a letter from Intrum Justitia saying I owe them a further £761.66. Now I think that this is a bit excessive as the loan was like I say only for approx 11 weeks before they took possession of the vehicle and they will have got at least around £1,500 in the event of any sale. Anyway after all that rambling my question is whta letter do I send requesting details of payments made what they sold teh car for and their charges?? Any advise from anyone else welcome