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small claim summons - Capquest


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Hi can anyone help i have received a small claim summons from Yuil & Kyle acting on behalf of Capquest

 

the summons is the first communication i have had from either company. the alleged debt is a credit card from 1998 that was defaulted at this time and paid back every month and i far as i was aware cleared in 2003. i have a letter from the bank dated last year that states the arrears were cleared in 2003.

 

on the summons it states a default date of 2004 and capquest bought the debt in 2006 but i have had no correspondance to tell me this. from what i can gather the debt is now statute barred 5 years in scotland.

 

i have no paperwork after all these years proving that i paid the debt other than the letter which is a bit vague in its wording.

 

rather than trying to prove it paid do i as my defence use the statute barred?

 

any help

 

please

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Welcome to the site.

Have you looked on your credit files to see whats there ?

If you have a letter which says the arrears were cleared in 2003 then thats good evidence.

Could you give the wording on the letter ?

It may be that they have done a write down of the account after assigning it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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my credit file is clear but capquest did a search on me on 01/11/10 and small claim summons hand posted throught my door on the 18/11/10 no other paper worked ever received i lived in my previous address for 15yrs only moving 1.5yrs ago and it also states on summons that i have been living at my old address for the three months prior to the summons wrong?

 

letter says i refer to the above credit card and write to confirm that a debt was incurred on the credit card during 1998 there was an agreement in place to pay £10 per month to the debt and i have had verbal confirmation from our credit card department that there is a note on file saying that the arrears were cleared in 2003.

 

from bank manager

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Ok whats the date of issue on the summons-and has it been issued by a local Court or Northampton BCC ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Delivered by hand, is this normal in Scotland?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I've not read through it myself, but it might be of some assistance.....and a good read HS....

http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp

Edited by Bazooka Boo
Helps if I post the link!!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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and here I have been all evening trying to read your mind from a distance :!:

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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You most definitely don't want to be reading my mind! Not only is it filled with smut and rude thoughts, but it also has it's own very confusing brain injury to boot, so no two days are the same!!!:crazy:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 7 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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