Drysdenfairfax/CapQuest- Stayed Claim and Debts - Help!!

[crazy1976]

Hi,

 

I'm not sure if this is the right forum

but I've a question that doesn't seem to be answered and its driving me crazy.

 

I have a debt company chasing me for an old debt,

 

 

they applied for a CCJ in which I sent a SAR request as my defence.

 

 

They have now sent the paperwork and it showed the last payment was on the 10/10/08 yet they filed a CCJ claim on the 6/10/14.

 

 

Is this debt statue barred

 

 

as no judgement was registered

 

 

due to the CCJ being stayed

 

 

as there is no ccj registration against me due to the ccj claim being but on hold until the SAR was received?

[theoldrouge]

please tell us the full story

 

from what you have said so far, it would seem that they issued a claim just before the debt became SB

 

hence stopping the clock (providing you do not live in scotland)

 

Did you submit a CPR compliant defence?

[theoldrouge]

thread moved to financial legal issues as subject to claim

 

please complete the following, it will help us to help you, welcome to CAG

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[dx100uk]

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

 

 

please fil the above out

 

 

and tell us what you defence was too

 

 

did you send CCA request and a CPR 31:14

 

 

the SAR went to the original creditor yes?

[crazy1976]

please tell us the full story

 

from what you have said so far, it would seem that they issued a claim just before the debt became SB

 

hence stopping the clock (providing you do not live in scotland)

 

Did you submit a CPR compliant defence?

 

CPR I'm not sure,

 

 

when I received the CCJ paperwork from the Courts

 

 

I sent back my defence slip asking for more time to validate their so called "debt claim" by requesting a CCA and SAR, and

 

 

then I received a letter back from the courts saying they have noted my defence

and will Stay the CCJ claim until such time the claimants request to continue or not.

 

The debt company being Drysdenfairfax working on behalf of CapQuest didn't fulfill the request within the time period allowed

 

 

I presumed that everything was OK.

 

However today I received a bunch of paperwork of screenshots of a memo,

printouts of account statements of interest and charges,

a bunch of letters,

 

 

they said they've sent me over the 6 yrs, and a photocopy of my CCA,

along with their terms and conditions.

[crazy1976]

Yes I sent a CCA and SAR request to the creditor CapQuest and

 

 

sent copies to Drsydenfairfax and the courts to keep them informed of my request.

 

 

I hadn't heard anything from anyone apart from the courts acknowledging the request to STAY the CCJ claim

 

 

and the time period of both for compliance expired.

 

 

With not hearing anything I presumed their claim wasn't valid until I received all their paperwork today.

 

 

I wasn't aware they had bought the debt from the original creditors

 

 

but noticed they've wacked another £600+ in account charges too.

[dx100uk]

theres no CCJ yet, so it can't be stayed........

 

 

little point in sending an sar to the claimant or the sols, that's for the Original Creditor

 

 

so the claimant has supplied the rquirementsof the CCA?

 

 

can you scan it up please

 

 

you might have troubles here

 

 

can you please complete the link in post 3

and paste the results here

 

 

dx

[crazy1976]

Hi,

the letter from the courts says that they have acknowledge my defence and will forward it to the claimants.

 

 

The claimants have 28 days to inform the courts if they wish to proceed otherwise the claim will be stayed

and will need an order to lift the stay if they wish to proceed.

 

 

Obviously the 28 days have expired and

 

 

I presume the CCJ is now stayed until they move to lift the order.

 

I will upload the letter

[dx100uk]

PLEASE FILL THIS OUT WE NEED THE BACKGROUND TO THIS CLAIM.......

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**