Carter got split claim CCJ, now Capquest claimform for the rest

[AndyOrch]

Providing you have not made any acknowledgment either in 9 years then their claim is statute barred.

 

Have a read of this thread from earlier today...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?446846-Lowell-Carter-claimform-Co-op-loan-poss-Statute-Barred

 

Regards

 

Andy

[chimp123]

thanks Andy, yes 100 percent. my son is 7 and a half only reason I remember. The debt was even before this and not paid anything to them goodness must be 9 to 10 years

[AndyOrch]

:thumb:Spoil their claim and just submit the Statute Barred defence.

[chimp123]

Cool I'll submit the defence today. Is there a standard statue barred defence template?

[AndyOrch]

Cool I'll submit the defence today. Is there a standard statue barred defence template?

 

In the thread linked above.

[citizenB]

SB Defence.

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant 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. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

[chimp123]

Wow that's all I need to put.

Cool on it now thanks

[chimp123]

defence has been entered as the above short and sweet. Will keep everyone posted. Have a question for the experienced people on here........why would claimant cap quest file a claim knowing its statue barred and I 100% know they don't have a cca or anything else etc? Is it a usual tact on the off chance for everyone 10 they do 5 won't reply effectively meaning they will make money. seems odd to me otherwise?

[AndyOrch]

Yes

[chimp123]

Had a letter from solicitors to say they are contacting capquest to see what they want to do next. nearly been 28 days since I entered the defence. It looking promising....will keep people posted

[chimp123]

Hi all,

 

called the court

drydens solicitors had not been intouch

court is staying the case.

 

But the plot thickens..

.I have received a letter today from Drydens to say they have been in touch with capquest and got copy of my agreement signed from 2004.

Which they have.

 

But the dodgey thing is a statement on a very old system saying I made payment in aug 2009 and I have 14 days to pay or they pursue the courts and get a judgement.

 

The picture of the statement is attached and I know 100% I have not made any payments to this company at all.

 

This feels like a really bad lie and I will not let it rest.

 

I am going to reply to the company

does anyone know how I should reply.

 

Really annoyed that they have stooped this low to suggest I made the payment.

 

Is this a normal tactic?

Seem very sly.

 

Would this statement stand up in court

because anyone could make something like this up doesnt prove i made the payment

its just numbers saying in and out!

 

Thanks in advance with what I should do.

[WelshMam2009]

It is not unheard of for phantom payments to appear.

How did you normally pay them?

Do you have any bank statements that you can go through to check for these sums?

 

Another thought is whether or not you reclaimed PPI and if it was credited directly to the account.

If you dispute the payments were made, then the claimant will need to come up with some more convincing evidence than this screen printout

[chimp123]

hi

when I did pay them would of been card payment I think

I'm talking last payment 2006 maybe earlier.

I know this wasn't me paying.

 

 

Haven't got the bank statements

don't bank with that bank anymore was such a long time ago.

 

 

Never ever claimed ppi that's for sure.

 

 

Should I write bank to the company saying what account sort code did this come from or card details as this is not proof.

This debt hasn't been on my credit file for at least two years maybe more!

[WelshMam2009]

Debts normally disappear from your credit file 6 years after default date, not last payment.

I would be inclined to write back disputing the payments and ask for further information so that you can investigate their claim.

 

However, you do need to be proactive and try and track down your bank or credit card statements for the payment months shown.

If you don't have these, then ring your bank/credit card company and ask for copies.

There may be a fee payable but it could prove your case, one way or another.

 

Best of luck!

[chimp123]

I will write to company saying these are not my payments and to prove the detail as this isn't proof I made the payment and will contact egg asking for statements.

 

The bank I was with goodness not sure but I'll contact ones I've been with

[chimp123]

Going to send this letter....what do you think is it ok?

 

Dear Drydens

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to CREDITOR

 

You have sent me a laughable computer generated display which does not prove any payment has been made what so ever. At best the generated computer display you have sent look fraudulent which I am sending to the financial ombudsman to investigate with all the details you have sent me.

 

I request the claimant to concrete evidence of how the method by which the alleged payments were made, cheque, postal order, bank transfer, and debit/credit card. If a cheque payment was made the name of the issuing bank, the sort code, the account number, the name of the drawer, the date the cheque was cashed. If a postal order was used, the name of the issuing post office and its unique ID code, the number of the PO and the date cashed. If a bank transfer was made the name of the bank, the sort code, the date the transfer was made. If a credit/debit card payment was made, the name of the issuing bank, the type of card e.g. Visa debit or credit, the 16 digit card number and the last 3 digits of the security number, the expiry date on the card.

 

 

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

 

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

 

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:

(1) pass the information provided by the customer to the lender or the owner; or

(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

 

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.

 

I look forward to hearing from you.

 

Yours faithfully

[chimp123]

Going to send this morning anyone think it's OK?

[dx100uk]

I would simply ask

 

 

when

how

method

by whom

 

 

no need for all the waffle yet.

 

 

you also need to convert any uploaded picture to PDF

then follow the upload

 

 

dx

[AndyOrch]

I wouldn't even ask that...you stand by your SB defence.....which you wouldn't have submitted in the first place if there was any doubt.

 

Andy

[chimp123]

Thanks everyone asked them for proof with the waffle ha ha. But cheers for that. Defo sb I haven't paid for over 6 years

[chimp123]

update - after I sent the letter they took it as a complaint. they send a letter every two weeks to say still looking into! But they have not mentioned about the payment they reckon i paid after asking them to prove it. all is good so far