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Found 8 results

  1. Hi everyone just need some pointers I've acknowledged the claim on the date provided. I know I'm supposed to send letters but will it be enough time now for me to get a response? I'm worried am I too late? Will I have to submit a defence now? Please help me with my best course of action. 28 days plus 5 for service gives me 13th march 2018 to file defence is that right? Do I need to agree an extension with shoosmith in order for them to send me docs at this late stage? Received a claim? Yes Issue Date: 8/02/2018 Have you Acknowledged the Claim?: Yes, 20/02/2018 Total Amount Claimed:£521.86 Claimant’s Name: Cabot financial Solicitors Firm: Shoosmith LLP Original Creditor: Aqua Credit Card/Newday (eg. Credit card/Loan/Overdraft) :Credit card Particulars of Claim: 1. The claimant claims the sum of £436.86 being monies due from the defendant to the claimant under a regulated agrement between the defendant and New day and assigned to the claimant on 12/09/2017, notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordandance with the terms of the agreement and a default notice has been served pursuant to the Consumenr Credit Act 1974. 3. The claimant claims the sum of £436.86. Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No List any letters you have sent (eg: CCA/ CPR ) none Any Other Information or Background Details: this is a debt originally with New day Credit card under the Aqua name. I've checked my credit report using noddle, instead of saying Aqua or new day it has Cabot credit managment group, acc start date dec 2016, date default 31/08/2017. also I have to send a CCA request to Cabot financial and a CPR request to Shoosmith incl a copy of CCA letter sent to Cabot, sending both by recorded delivery. The cca letter: [Removed please do not post templates from the Library on the open forum - andyorch] Request for documents mentioned in a statement of case under CPR 31.14 [Removed please do not post templates from the Library on the open forum - andyorch] defence: I've attached file due to size. please advice on point 13. I haven't agreed extension should I do so and how do I do that? sorry if everything is a bit jumbled, am I on the right track? Thanks
  2. I need help/assistance regarding a Simple Procedure claim that was posted through my door on Thursday 5th October by Sheriff Officers. The claim by Capquest/Shoosmith is regarding a catalogue debt which I believe should be statute barred as the date that a default was issued was 10/07/2012. I suffer from a long term illness and also depression and around that time was in and out of hospital frequently and for one reason or another, ignored the debt! Capquest/Shoosmith are now pushing to recover the debt which was initially owed to shop direct for the sum of £449.37. As I rely solely on benefits, I am unable to pay this without putting myself in further financial difficulty. Any help or advice would be greatly appreciated!
  3. Hi all, I'm new to this site but I really need help. a few years ago I got myself into a right pickle with debt. I was young and stupid and when it came to having to pay, I couldn't. I have had letters from collection 'enforcement officers' which I haven't given a second thought, letters have been binned etc and we've since moved house. Yesterday morning two men knocked my door and handed me a form from the local sheriff court advising that I will be taken to court in order to recoup the money owed to the collection agency. They did not introduce themselves (later found them to be capquest agents from a clause in the paperwork) and I did not acknowledge the debt or confirm who I was in relation to the person they were looking for. What do I do? Where do I stand with this? The debt was bought by capquest in December 2012 from original creditor Very and I have had zero contact with either since defaulting on payment to Very in November 2012.
  4. Hi everyone, I was wondering if anyone could advise on what I should do with regards to the following. Around 12 years ago due to various issues I found myself in debt for about 35K. I went on a DMP which for majority of creditors is still going, paying off regularly the agreed amount. About 4 years ago MBNA stopped taking the payment, I have now discovered that they sold the debt to Arrow Global. Over the past couple of weeks I have received some letters from Shoosmith on behalf of Arrow for the credit card etc. Would anyone be able to advise if I shoudl ask for a CCA on the debt (I genuinely do not know if MBNA was paid in full or not! but I am doubting even my name at the moment panic is back!) . What steps should I take? Any advice is welcome (sorry if the above does not make much sense but after 10 years of paying things back this has brought me back onto "put your head on the sand mode")....
  5. I am sorry that you all may of seen this issue a million times already but ive spent weeks reading forums and still feel so lost. So i hope you will bear with me and help sort my confused brain. When living in England I had several accounts. Credit cards. Catalogues and even a loan. When the recession came in 2010 I found myself without a job and no way to pay. My partners mother offered me a cleaning job but I had to relocate to Edinburgh September 24th 2010 was the day i left England, this job barely covered the rent so yes i am ashamed to admit I walked away and expected my creditors to make me bankcrupt, which never happened. 6 years later and i am finally on my feet again, my partner is now a full time student who i support and I avoid credit at all costs. End of november i received a court summons for a catalogue debt owned by capquest and shoosmiths are acting on thier behalf. After speaking to an advisor at national debt helpline the debt is possibly still enforceable in court as it was a buy now pay later item if i had decided to challenge i would lose and end up paying costs too i wrote to shoosmiths who has agreed a payment plan but is still proceeding with a decree. Fair enough another 6 years of no credit will be a good thing i suppose. My issue is capquest have now contacted me regarding two other debts which I believe are actually statute barred. Last payment to both debts were 6th september 2010 i checked my old bank statements. I have sent the national debt helplines template letter for statute barred debts using the scotland template as although it was an English debt all my creditors only needed to do was check my credit file to see ive lived in scotland since 2010. I know very long winded but what will happen next do you think. Will shoosmiths take me to court on these two debts aswell. For the first time in years i am losing sleep again over this . It is so nice to not be broke and to go back there again is the worst thing i can imagine. I cant afford a solicitor to help me etiher it would be just me against a massive law firm and i am pertrified that i cannot afford what the judge will tell me to pay back Please help and advise what the next step will be regarding the two statute barred debts. Ive already lost on the catalogue debt and will be paying back 32 per month for a good few years.!
  6. Hi First post here. I have an old debt with Egg from around 2000 for roughly £2900. I was on a CAB plan paying £1 token payment for a while at the time but stopped paying , I never heard anything for years and now Capquest own the debt . I think I might remember paying them £10 a month 3-4 years ago for a while but due to financial hardship stopped paying. Though I cant be certain on this as I cant seem to find any details at the moment. They have recently sent me letters again and have refered it to Drydens Fairfax who have given me to the 30th Nov to offer a payment proposal otherwise court action. Which means I`ll have to send them a ltter either today or tomorrow .What should I do , offer £5 a month or something or play hardball. I don't really want a CCJ as I already have one from Drydens at £10 a month for another card debt. I wish I had know of the Statute Barred act before I may(possibly) have paid Capquest 3-4 years ago as it was probably unenforceable back then. thanks Tired and Weary
  7. Hi Guys, Part of my bigger debt problem here: http://www.consumeractiongroup.co.uk/forum/showthread.php?387784-Big-Debt-Problem...HELP!&p=4197488#post4197488 We had a claim from Shoosmith for a HSBC debt on the 13th August. I sent off acknowledgment with the I&E form filled in as I cannot pay in full. I sent the letter/form last weekend recorded delivery. I have just received a letter from the court today saying I have not acknowledged the claim and I now need to pay in full! Just checked the tracking number and it still says the letter/form is in transit! I have proof I sent it with the tracking. Help! What can I do?
  8. Hi am new to this site so hope i am doing this correctly Went to court 3 weeks ago where judgement was served against myself and husband we did ask for original contract for loan and overdraft , but only got photo copies But the Judge did honor are request for original contacts only recieved N24 General letter of judgement or order So what happens next, it is a large amount of money and do own property,
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