Drydens/Capquest Claim Form - Cap1 Card debt

[Wannabedebtfree1984]

Good evening,

I wondered if you could help me.

 

I have received a county court claim form for a credit card debt.

 

 

The credit card was capital one and the debt was passed to various solicitors over the years.

The debt is now with Capquest and they have instructed Drydens Fairfax to manage the matter.

 

This credit card was taken out over 6 years ago,

however I believe the last payment made could be around the 5 or 6 year mark

which if over 6 could make the debt statute barred.

 

 

I have tried to find old paperwork to try and see when I last made payment

but can't and I no longer bank with the particular bank from which the payments will have been made.

 

 

I know I haven't made any payment since May 2010 and could be earlier.

 

The issue date on the Claim a Form is 03 December 2015 and I know I have to comply with timescales.

I cannot afford to have a CCJ registered against me as I am looking to purchase a house next year.

 

I haven't received anything from anyone about this debt for around 4 years

until a week or so ago when I got a letter from Drydens.

 

 

They threatened legal action if I didn't contact them within 14 days.

I contacted them within this period and emailed for more information.

 

 

They emailed back to request a paragraph from me to confirm that I was happy to correspond via email

I did this, received no further response apart from the Claim Form.

 

I don't know what to do for the best.

The debt is in excess of £2500.

I also cannot find out when my last payment was.

 

I don't know where to start.

 

 

Do I acknowledge regardless?

 

 

Do I attempt to defend with no evidence unless they can prove otherwise?

 

I look forward to receiving your help

 

Thank you

Edited December 13, 2015 by Wannabedebtfree1984

[dx100uk]

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

 

 

can you fill this out please to enable our member to give the correct advise

 

 

dx

[Wannabedebtfree1984]

Name of the Claimant ? Capquest Investments Limited

Date of issue – 03 December 2015

day to submit defence = 05.01.16 (33 days in total) by 4pm [inc + 1 day for xmas day ]

 

What is the claim for –

 

1. The Claim is for the sum of £2,700.00 in respect of monies owing by the defendant on a credit agreement

held by the defendant with Capital One Bank (Europe) Plc under account number xxxxx xxxxx xxxxxx xxxxx

upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between Capital One Bank (Europe) Plc and the Claimant, the claim vested in the claimant who has a genuine commercial interest.

The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113.....

 

What is the value of the claim? £2,700.00

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Probably many years ago

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Young and dumb

What was the date of your last payment? Cannot remember but definitely nothing since May 2010

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes

[dx100uk]

go check your credit file

try noddle below its free

might tell you last payment.

[Wannabedebtfree1984]

The debt has fallen off my credit report so unable to see this.

 

I have an old paper copy of my credit report but that shows that the credit agreement started in August 2005

and the default date is April 2008.

 

 

The account on my paper copy states that it was last updated April 2012,

but the balance has been the same some 12-24 months prior?

[dx100uk]

paid or used the card in the last 6yrs?

its not showing as the default is +6yrs old

[Wannabedebtfree1984]

In the 25-36 month box it shows the code as ?88 888 888 888. Then in the 37-48month box it states 8?8 888. Would this mean it was statute barred?

[Wannabedebtfree1984]

I haven't used the card for many years. Don't even have the card any longer.

[dx100uk]

have you paid anything in all this time to anyone regarding the card?

 

 

dx

[Wannabedebtfree1984]

I have paid in the past, but can't remeber specific dates.

 

 

The old credit file I have is dated May 2012 which shows the aforementioned information on the Capquest account.

 

 

I have certainly not made any payments recently and for certain not since May 2010.

[dx100uk]

on the off chance

 

 

go ring cap1 and ask.

when last payment was.

 

 

might work

 

 

dx

[Wannabedebtfree1984]

I have also found a statement from Capquest from November 2014.

This states that the statement period is from January 2009-October 2014.

It shows the opening balance as 2514 the only payment that is showing is on 14 March 2011 from an external agency for £1.00?

 

 

What does this mean?

I didn't make a payment

[dx100uk]

ever sent anyone a CCA request or any letter?

 

 

dx

[Wannabedebtfree1984]

I have also found an email.... Sorry I have paperwork all over the place trying to locate anything that relates to this.

I have found an email that I sent to another debt collector whom had this before Capquest which was a Cca request. The £1 was a payment from me for a copy but in the email it was stated that I do not acknowledge any debt.....

 

I didn't receive a response to my Cca request and this was sent in January 2011. The £1.00 was allocated to my account by the looks of it but I didn't receive a response to my request

[dx100uk]

ok that makes sense as I guessed.

 

 

who was that CCA request sent too?

 

 

and any more letters prior to that

 

 

you're possibly looking for a letter say around 6yrs prior to the claimform date that

confirms you hadn;t paid anything

 

 

dx

 

 

 

 

dx

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[Wannabedebtfree1984]

That Cca request was sent to H L Legal & Collections Solicifors.

 

Like I say no response was received.

 

I don't appear to have anything prior relating to this.

That email with the Cca request is the earliest.

 

The only thing really I have to rely on is the Capquest statement from last year which states that a payment has been received for only £1 from Jan 2009 until now...

.. Surely that would clearly make this statute barred would it not?

 

If not,

do you suggest that I attempt to call Capitsl One or Capquest directly, or indeed Drydens

in an attempt to obtain details of the last payment made?

 

Do I need to do anything with the Claim Form in the meantime,

or based upon the information do I have a strong enough defence for statute barred?

 

If I defend and lose, will I still have a further 31 days to pay the claim to enable this to be removed from my report or will it stay on for 6 years?

[dx100uk]

if you sent the CCa by email

how did you pay the £1 fee?

 

 

dx

[Wannabedebtfree1984]

This was paid through H L Legal's website.

 

 

I sent them an email request notifying them that whilst I do not acknowledge any debt

I had made the £1.00 payment as per the fee payable

under the Consumer Credit Act for a copy of the credit agreement

[dx100uk]

aha so they took that as payment against the account

 

 

and you have last email still?

 

 

so say just prior to that

you'd not paid anything for say 2mts or so?

[Wannabedebtfree1984]

It appears that way.

I still have the email. I doubt very very much that I paid anything for a while prior to that email.

Capquest state nothing since Jan 2009 on their statement...

[dx100uk]

ok

per I'd go ack the claim defend all on the mcol website

 

 

and file the SB defence too

 

 

The following defence is all you need if it is SB

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

2 The Defendant 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

dx

[Wannabedebtfree1984]

Ok thank you. I will attempt to do this tomorrow. Will post on here if I have any queries.

 

If my defence doesn't uphold, what happens?

 

Will the Cca remain on my file for 6 years or will I have the opportunity to pay it in full within 31 days?

[AndyOrch]

You may not get 31 days if the judgment is forthwith.