small claim summons - Capquest

[sam08]

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

[MARTIN3030]

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.

[Bazooka Boo]

Yes a SB defence will trump everything else. Bless em....

[sam08]

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

[MARTIN3030]

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

[sam08]

issued 18/11/10 return date 31/12/10 hearing date 14/01/11

 

issued in Scotland small claim summons from sheriff court

[harrassed senior]

Delivered by hand, is this normal in Scotland?

[Bazooka Boo]

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 November 26, 2010 by Bazooka Boo
Helps if I post the link!!!

[harrassed senior]

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

[Bazooka Boo]

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!!!

[sam08]

not sure but no other paperwork ever received really need help with this as i have to return court papers by the 31/12/10

[debt4get]

if you have not made a payment on this account for over 5 years as this is scottish law then the debt is statute barred i would enter a defence as such plus the letter saying the account had been paid in full years ago

[sir_gilmour]

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.