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Capquest/egg/CCJ


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Hi

 

I'm quite new to his forum so any help would be greatly appreciated. I had an egg CC which I defaulted on ( usual reasons; student with no money and even less common sense!). This was passed to capquest. As far as I am aware I haven't paid anything to them or acnowledged the debt since I defaulted. This was over 6 years ago as the details were removed from my credit file last year. I recently recieved a CCJ at my old address (which I still own) about 3 months ago which was forwarded to my current address last week. I have missed the 28 days to dispute the amount and judgement was entered against me on the 22nd October. I have spoken to the county court dealing with it today and was told there is a charge on my property and that I should file a N244 to have it set aside on the grounds that I never had any time to contest the debt.

Do I still send the DCA a CCA request? Where do I go from here? Any help please as this is really getting me down.:|

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Hi and welcome, sorry you were missed

I confess I'm not brilliant on court matters but it does sound to me as if the debt was Statute Barred when the CCJ was issued.

Filing a N244 stating that the court documents were sent to a previous address is one point. If the debt was indefensible then a judge could say no but as you are fairly sure this debt is SB, the set-aside (in my opinion) should be granted

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Silverfox

 

I checked my bank statements today and it turns out I did make a payment to capquest in around 2005 so the debt is not statue barred. :|

I also spoke to a solicitor friend and the county court and both said that it should be set aside as it was served at the wrong address. The enforcement officer at the court was really helpful, so fingers crossed on that one.

I'm posting the CCA request tomorrow using one of the templates so I'll wait and see what happens.

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