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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Capquest/CCScollector/MackenzieHall - chasing


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Hello all,

I was wondering if someone can help me... I have researched few similar cases but can't really find a suitable answer.

 

Basically, in 2002 I used my overdraft and couldn't pay it off - jobless and young. As far as I remember, my debt was £1000.

 

Tried to arrange repayments with my bank but couldn't keep the payment on time. In 2005, I started receiving letters from Capquest demanding payment for two different accounts (£800 and £600) on behalf of my bank - I paid them £200 and stopped afterwards.

 

I kept receiving their letters and chose to ignore them because they have never managed to show me any legal document in regards to the debt.

 

After several letters and few years later, in 2009 I spoke to someone from Capquest and made another payment of £400 over the phone - I wanted to get rid of them but again, my financial situation got worse and I couldn't afford the payments no longer.

 

Few months later, I started receiving letters from Mackenzie Hall and Scottcall - which I paid £80 again in 2009. Then I came across sites likes this one and realised my debt could've been statute barred - but I am not sure as I made the payments throughout the years.

 

Now, I have received a letter from CCS collect saying that despite several letters, my acc has been selected for action by their legal partners HL solicitors.

 

They also said that if I don't contact them ('even at this late stage you can still contact us to agree a repayment plan and prevent your acc from transfering to them'), legal action may be commenced against me in the Country Court. Now, I've read the 'may' and not 'will' is a total different matter.

 

My question is: is my debt statute barred even though I made such payments? Should I contact them to arrange a repayment? I have no idea how I should proceed - I can't afford £600 - which is the amount they are requesting. Any advice will be very much appreciated! Thank you!

Edited by citizenB
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I rather suspect that you might have reset the statute barred clock.

 

Unless you can make a good case for being misled or bullied into making at the very least the payment in 2009 then your account is NOT statute barred.

 

I would certainly start demanding some documentation and answers -

 

If this was an overdraft then there will be no agreement as such. There might have been a "facility letter" whereby you were given details of the o/d facility any interest that would be charged , what would happen if you were to exceed the o/d limit.

 

You should however be entitled to a statement of account which shows how the sum now being demanded has accrued.

 

You might want to send a Subject Access request to the original creditor - it will cost you £10.00 and they have 40 calendar days to comply.

 

Check your credit files to see if there is any reporting being done for this amount.

 

Is the account still with the original creditor or has it been assigned /sold to the third party pursuing ?

 

You must stay off the telephone - it seems to be that when you have spoken to them, you have been persuaded to part with money ! You need to keep everything in writing so you have a paper trail

 

I am sure others will look in over the weekend and offer further advice.

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4: Staying Calm About Debt  Read Here

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes I'm afraid any payment at any time in the six year period restarts the clock, had you only offered to pay on the phone and not done so the clock would not have been restarted.

 

So the debt remains collectable, the point on the upside is if the DCA wanted to escalate this to litigation they would have to justify why such enforcement action ad not been taken earlier.

 

CitizenBs advice is spot on check credit reference files to see if the dbt show.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thank you so much for your replies, I am sorry I haven't replied sooner! I will check my credit files... I am not so sure if the debt is still with the original creditor but I believe it has been sold to Capquest... I've received letter from MHall, Scottcall and now CCS, so does it mean they have bought the debt? Again, thank you so much for your help!

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your cra file will tell you the owner

 

IMHO you are on a phishing list

 

pers i'd phone the OC

 

and ask WHEN you last made a payment to the account

 

if they say they have no records

or

they say pre 6yrs from today

 

its SB'ed

 

you've been had.

 

the money you've paid has gone to their [the various dca's] fund to spoof others like you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If it is with CQ, then it has almost certainly been assigned/sold to them.

 

Did you not receive a Notice of Assignment from either the original lender or CQ ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Hi, Statute Barred == No payment or written acknowledgment of the debt in 6 clear years, defaults are removed after 6 clear years paid or not.

You must be sure of the status of the debt.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If it's not on your CRF then that simply means that the default is older than six years, which is the life a default can remain on your file for.

 

When was your last payment.

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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Had there been a period of 6 years before that 2009 payment where you had NOT made payments.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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