Arrows claimform for +_10yrs old cap1 card 'debt'

[chold4]

Hi I need some help would appreciate any advice.

 

My other half has received a claim form from a county court

claiming that he owes money to the Capital one

 

they claim he has defaulted on the payments and was given a default notice

pursuant to the Consumer Credit Act.

 

He had a credit card he took out over 10 years ago and didn't pay.

 

We checked his credit score there is no default registered under his name to do with this company.

 

We have received this letter today although it was issued on the 17th april.

 

what is our next step ?

 

do we need to see a solicitor

 

and also does this not fall into the statue of limitation act ?

 

cheers

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[citizenB]

chold, could you please follow the link dx100uk left for you and provide us with the answers to the questions asked.

 

Then we can help you

[chold4]

hi here is the info

Name of claimant arrow global guernsey ltd

 

Issue date 17April 2014

 

The claimant's claim is for the sum of 8400

monies due from the defendant to the claimant under a regulated agreement

between the Defendant and Capital One and assigned to the Claimant .

 

Notice of the assignment has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice has been served pursuant to the Consumer Act 1974.

 

And the claimant claims the sum of 8400 together with the cost of this claim.

 

16th April 2014

 

no section 69

 

this is not a current credit account.

agreement was taken out in 1998 before 2007

 

debt purchaser has issued the claim

 

no notice of assignment

in fact all communication has been issued to the wrong flat in the building address

and still is the wrong address only saw letter by accident today !

 

no statutory notices received to do with this

 

no default notice received

no default sums received

 

unable to meet payment

 

no dispute with creditor

 

no communication with the orginial debtor.

 

should we send this back as this is addressed to the wrong property but the right name ?

[Desperate Daniella]

Hi chold4,

 

Just a quick question: When did your ex make the last payment on the account?

 

If they put a default on his credit file and this has now fallen off it probably means the debt is over six years old and statute barred which is a complete defence in itself.

 

DD

[chold4]

Hi chold4,

 

Just a quick question: When did your ex make the last payment on the account?

 

If they put a default on his credit file and this has now fallen off it probably means the debt is over six years old and statute barred which is a complete defence in itself.

 

DD

 

 

Hi he made the last payment over 6 years ago but in his credit score it says that it defaulted 08.2009 will that qualify for a statute barred ?

 

Thanks

[dx100uk]

who is the claimants solicitor please

 

dx

[Desperate Daniella]

Hi he made the last payment over 6 years ago but in his credit score it says that it defaulted 08.2009 will that qualify for a statute barred ?

 

Thanks

 

There has been a very long debate on here about when the six years starts. Apparently the date starts at the time the creditor is able to take action against you - after one missed payment, or a certain number of days, etc. There should be something in the term and conditions but often there isn't.

 

I have never been able to find a definitive answer about what happens if they default many months after the last payment. Do you know the exact date the last payment was made?

 

DD

[dx100uk]

Any update would be most welcome. I am waiting for action against me with trepidation, as I have complex mental health problems including memory loss which means I cannot recall all transactions related to matters over a year ago. Thus, the prospect of remembering the details of DISPUTE which were raised over three years ago. I sent many letters DISPUTING with original lender credit card, but don't have copies. They eventually sold to Arrow Global. They, in turn, have used a succession of Debt Collectors, who I have ignored / returned letters unanswered. I now wonder if original lender/credit card will be able to provide ( or even kept) my letters of DISPUTE ? There are times when my cognitive process is greatly impaired, so I am unable to talk, write, take information in. At other times, like right now, I can compose a short email. Any guidance gratefully received .

 

 

this thread is almost a year old

you'll not get seen here

 

 

start a new thread

of your own

 

 

dx