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Capquest County Court Claim Form - Living in China

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Hi there,

 

First time post, i have searched the forums and although i have found similar threads there is nothing that quite suits my situation. Apologies if i have missed a thread.

 

My situation is that my parents have received a county court claim form from Capquest regarding a debt from an RBS credit card that I had 10 years ago. I initially had forgotton completely about it but having looked through my records I have found that I made a payment to a different debt collector (Wescott) in Oct 2005. This must be the debt they are talking about. It is around £350.

 

Having read through the forums I believe that not enough time has gone by for the debt to be written off due to the limitation act in England. As the last payment I made was in Oct 05 i understand that it could possibly be written off due to the Prescription and Limitation (Scotland) Act 1973. I have spent most of my time living in Scotland apart from a year and a half in England in 2005/2006. However, and here comes the bit that has me a bit stumped, I moved to China in Aug 2008.

 

My father scanned me the claim form and as they had been on holiday i only had a day to make up my mind what to do, i have submitted an AOS online saying i am disputing all, i hope that was the right thing to do but I thought as it was nearly 14 days i needed to do something quickly.

 

I spoke to a representative of Capquest and they said I should just pay up but couldn't actually give me the details of the original debt! I also spoke to RBS who have no record either.

 

My questions are :

 

1. As i am living in China, is there anything they can actually do? If not how do i make sure that a CCJ is not recorded on my credit record?

2. Am i able to write of the debt as it is over 5 years and i had been living in Scotland before i moved to China?

3. Do i need to speak to the court regarding my situation as i got the distinct impression from our phone call that Capquest just want the money?

 

If anyone could help me or point me in the right direction I would be very grateful, if there is another thread which has the answers apologies again.

 

Thank you!!

 

G

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Hi again,

 

I've read more of the forum posts and i believe i should be sending a CPR31.14 request initially to capquest? I have this ready to send but is this correct or should I be sending something else to with the limitation act?

 

Thanks for your help.

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