court claim by Capquest on LLoyds current A/C OD from 1999!!

[elizabeth11]

Hi everyone,

 

This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help.........

 

My husband received a claim form through the post from a county court on Tuesday.

 

The claimant is a DCA and on the claim form they say that a Notice of Assignment

has been sent to him to explain that they now own the debt.

 

The sum they are claiming with solicitors costs is just under £6,000

and they state that it relates to the Lloyds Banking Group.

 

My husband had a debt with Lloyds which defaulted in 1999 .

 

The debt is made up almost entirely of bank charges that piled up when he went over his overdraft after he was made redundant.

 

Since then he has lived at the same address but in the intervening years there have been no letters or phone calls...nothing until now.

 

We have filed an acknowledgment to the court and asked for the full 28days

but looking through all the posts that seemed similar to our case

I think that this is a statute barred debt

but if someone could just confirm that they agree or disagree with me I would be very grateful.

 

One big worry that I have got is that the DCA registered the default date as being 2008.

This is definitely wrong but does this affect our claim that it is statute barred debt?

 

If anyone can point me in the right direction regarding the correct templates to base our letters on I would be grateful.

 

Do we send any correspondence only to the court or to the DCA as well ?

 

Any advice very much appreciated

Thanks in advance

Elizabeth

[citizenB]

Hello Elizabeth and welcome to CAG. I have moved you to the correct forum where you will receive advice.

 

Can you please let us know the following..

 

1: What is the date of issue on the claim form - you will find this top right hand corner of the claim form

 

2: When was the date of the LAST payment made to the account

 

3: Who is the DCA - forget this one, it is CapQuest

 

4: Did you actually receive a Notice of Assignment

 

The Default date on your Credit file is irrelevant. The date from which you start timing SB is from when a payment is due and then missed.

 

There is a defence specifically for statute barred accounts, so we can indeed help you on that.

 

If you can answer the questions above, I will try and find someone who can help further

[citizenB]

Oops.. sorry, forget the answer to who is the DCA, it is in the title of your thread !!!

 

 

This is the Statute barred defence.

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

[AndyOrch]

This being a Current Account Overdraft you will need to request information.If you could type out (verbatim) the claimants particulars (less any identifiable Data.)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy

[elizabeth11]

Hello CitizenB

 

Thank you so much for this...much appreciated. Please see below the answers to your questions:

 

1. Issue date is 25th October

2.Last payment was made to the account in 1999

3.Capquest

4. No letters received from them at all -would the Notice of Assignment been sent with a letter? Basically we haven't received anything prior to this claim form from the court

 

Many thanks

Elizabeth11

[elizabeth11]

Hi Andyorch

 

The particulars of the claim are

 

The claimants claim is in respect of Contractual charges applied to a current account held with lloyds banking group Orginal Creditor. Demand for payment has been made and not complied with. A notice of assignment has been sent to the defendant notifying them that this debt has been assigned to the claimant. The claimant therefore claims the sum of 5,508.68 plus costs. The claimant has complied with sections III and IV of the practice direction on pre-action conduct.

 

Many thanks

Elizabeth11

[citizenB]

Hello CitizenB

 

Thank you so much for this...much appreciated. Please see below the answers to your questions:

 

1. Issue date is 25th October

2.Last payment was made to the account in 1999

3.Capquest

4. No letters received from them at all -would the Notice of Assignment been sent with a letter? Basically we haven't received anything prior to this claim form from the court

 

Many thanks

Elizabeth11

 

Your timeline is as follows..

 

Issue date 25th October + 5 days for service = 29th October + 14 days to acknowledge = 12th November + 14 days to submit defence = 26th November.

 

If you are going to defend, then you need to acknowledge by the 12th November - you can do this online using the password and claim number, both on the claim form.

 

I think you have already been advised by andyorch to send off CPR request.

 

Although if the last activity on the account was in 1999, I cant quite see where CapQuest is going with this because it looks as though it is statute barred !

[elizabeth11]

Hello CitizenB

 

Many thanks for this. So ...just to make sure that I have got this..do we send off the CPR request to Capquest along with a letter saying that we believe this is statute barred as well as a letter regarding the incorrect default date on the Equifax file? And if we do should we send this to the court as well?

 

Sorry..edited to ask ..should he sign these or any letters sent?

Thanks again

Elizabeth11

Edited November 2, 2013 by elizabeth11

[citizenB]

I am not sure there is any point in writing to CapQuest advising statute barred status. Perhaps andyorch could answer that question

 

CPR should go to the solicitor named on the claim form.

 

There is no reason why hubby shouldn't sign anything at this stage.. he could make his signature slightly different to his usual one. Or sign over a grid of "X's".

[elizabeth11]

Hi !

 

Following advice to a question we posted regarding a claim from the county court we sent off a CPR request to the Dca. We did this by recorded delivery on the 4th and we received a letter dated the 5th Nov saying that they had requested the details and would get back to us in due course. There has been nothing further from then since then so as 7 days have now elapsed can anyone advise what we should do now? Assuming that we should not give them anymore time to respond do we write to the court with a copy of our letter,their reply and ask for the court to consider the situation ...or is there a form ? If any experts out there could help us draft this I would be very grateful. I don't know if it is necessary to make this point to the court but we are 100% certain that we never received any official notification that the account defaulted.

 

Many thanks in advance

Elizabeth

[AndyOrch]

Is this in connection with your thread " court claim by Capquest on LLoyds current A/C OD from 1999!!" ?

 

Regards

 

Andy

[elizabeth11]

Hi Andy

 

Yes it is...we still think that it relates to the lloyds account but don't know for sure because we have no details. Sorry ...should I have kept to the same thread? Apologies if I should have done this ....

 

Many thanks

Elizabeth

[AndyOrch]

Threads merged

[AndyOrch]

You simply have to now submit your defence by the 26th November elizabeth11

[elizabeth11]

Hi again...Would be so grateful for a bit more advice on this, My husband filed the defence to the court in good time and sent the CPR 31.14 request to the legal services company acting for the Lloyds Banking group. We received an acknowledgment letter on 6th November but since then nothing, The court finally confirmed that they hadn't replied to our defence so can you tell me how we formally ask for the proceedings to be struck out please? If it is struck out or stayed what does this actually mean? Does it mean there has to be a minimum amount of time before they could start proceedings again for instance? We have now found that it has been listed as a default on my husbands credit file with a default date of 2009 too which is going to cause us huge problems.

 

Many thanks in advance

Elizabeth

[citizenB]

The court will automatically stay any claim where the claimant doesnt respond to the defence.

 

I am not quite sure why your credit files are continuing to be updated. The account was defaulted in 1999 you have entered a statute barred defence. I would have thought reporting should be well ceased by now.

 

I wonder if it might be worth your writing to the Claimant (with a copy to the solicitors) along the lines of..

 

 

you entered a statute barred defence on DATE. Court has now advised that the claim is stayed. It is your opinion that the claimant should formally discontinue the claim. Alternatively you will apply to have the claim struck out and will be seeking your costs for doing so.

 

You also notice they are reporting the account to the credit files - when this should no longer be happening.

 

These are just my thoughts, I will ask others to look in on you.

[elizabeth11]

Many thanks for your advice CitizenB

[elizabeth11]

Hi Citizenb ...we have decided to go ahead and write to the claimant and hopefully that will be the end of it. Many thanks again Elizabeth

[AndyOrch]

I would also copy the ICO in and state that on their letter elizabeth.

 

Regards

 

Andy