carquest/? claimform - old MBNA card 'debt' - prob SB'd

[davywavy]

Hi

 

I have read and re-read thread after thread and am now looking to see if I understand!

 

I have received a claim form out of CCBC, relating to a credit card debt, to which I've responded with the AoS.

 

I am considering a Statute Barred defence.

 

 

The last payment I made was in November 2009 and I have not acknowledged anything since.

 

 

I have the credit card statements from November 2009 to March 2010.

 

 

The outstanding balance on the March 2010 statement is the exact amount being claimed.

 

 

The only entries between November 2009 and March 2010, apart from my last payment in Nov 2009, are for interest and late payment fees.

 

It would seem from the evidence that I have that a SB defence should hopefully succeed.

 

Could someone please advise if this makes sense and if so the wording I should use?

 

 

Also, should I include the credit card statements as appendices?

 

Thanks for your help.

[silverfox1961]

Hi and welcome to CAG.

 

Firstly, can you copy and paste this to your thread then fill out the details from here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**&p=4486063&viewfull=1#post4486063

[davywavy]

Sorry, how do I do that? I also wanted to keep details vague as I'm sure DCAs probably read these threads..

[unclebulgaria67]

Sorry, how do I do that? I also wanted to keep details vague as I'm sure DCAs probably read these threads..

 

The questions are so that advice as good as it can be can be given. You don't have to give specific sums of money owed and exact dates. As long as don't provide exact info they won't know who you are. There are thousands of these claims issued every week.

[davywavy]

Ok, answers to questions:

 

Capquest, Issue date 22/1/16, claim for failing to make payments on MBNA credit card, c.£3800, original agreement 2007. Can't remember re default notice or notice of assignment.

 

Hope this helps

[theoldrouge]

please answer all the questions to enable us to help you correctly

[davywavy]

Can't remember if I have received any notices of default sums. I ceased payments as I ran into financial difficulty, last payment November 2009, no communication with original creditor.

[theoldrouge]

you really need to copy and paste your answers to the above

We need to see everything inc the POC`, all in one place please

[davywavy]

I'm sorry I don't know how to do that!

[davywavy]

Name of the Claimant ? CAPQUEST

 

Date of issue – . 22/1/16

 

What is the claim for –

 

 

1.. BY AN AGREEMENT BETWEEN MBNA AND THE DEFENDANT ON OR AROUND 18/6/2007,

MBNA AGREED TO ISSUE THE DEFENDANT A CREDIT CARD.

THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE AND THE AGREEMENT WAS TERMINATED.

THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT.

THE CLAIMANT THEREFORE CLAIMS £3800.

What is the value of the claim? £3800

 

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? C.18/6/2007

 

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. Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE

 

Did you receive a Default Notice from the original creditor? NOT SURE

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NOT SURE

 

Why did you cease payments? FINANCIAL DIFFICULTY

 

What was the date of your last payment? NOVEMBER 2009

 

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? NO

[theoldrouge]

is this still on your cra file? if so what was the date of the default?

[davywavy]

Hi, date is March 2010

[unclebulgaria67]

Hi, date is March 2010

 

That default date may be correct if your last payment was in November 2009.

 

I think you need to get hold of information from the orginal credit card company MBNA e.g statements of account, copy of account terms and conditions. These may or may not help you with statute barred argument.

 

You should send Capquest a CCA request.

 

You should send Capquest Solicitors a CPR 31.14 letter asking for all documents mentioned in their particulars of claim.

 

In the link posted earlier about receiving court claims, it advises about the CPR letter and there is a link to it. Have a look.

[davywavy]

Hi, thanks for the reply.

 

I have the original statements and my last payment was definitely November 2009. The amount on the March 2010 statement is the exact amount of the claim. Am I not right in thinking that because my last payment was more than 6 years ago and that I have not acknowledged this debt since, that the Limitations Act states it is statute barred?

[unclebulgaria67]

Hi, thanks for the reply.

 

I have the original statements and my last payment was definitely November 2009. The amount on the March 2010 statement is the exact amount of the claim. Am I not right in thinking that because my last payment was more than 6 years ago and that I have not acknowledged this debt since, that the Limitations Act states it is statute barred?

 

I believe the SB date is the date you defaulted on a payment due. So if you received a statement in November 2009 which was due in December 2009, but you did not pay. The SB date should be some time in December 2009.

 

BUT there has been quite a lot of argument about this and i am no expert.

 

You can enter a statute barred defence and it would be up to Capquest to prove otherwise.

[AndyOrch]

So who was the original creditor as CAPQUEST do not issue credits cards ..they buy them from the original creditor....not Cap 1 by any chance?

[unclebulgaria67]

It is mentioned in another post. MBNA.

 

They amended the POC because they were concerned about DCA searching forums.

[AndyOrch]

Thanks UB...I have amended the thread title and the particulars so we now have the correct information.....

 

Davy...stop all this cloak and dagger nonsense...your claim is no different to the 1000,s we have already dealt with.

 

Regards

 

Andy

[davywavy]

What cloak and dagger stuff?

 

I'm simply asking the following:

 

I am considering a statute barred defence.

 

The last payment I made was in November 2009 and I have not acknowledged anything since.

 

I have the credit card statements from November 2009 to March 2010.

 

The outstanding balance on the March 2010 statement is the exact amount being claimed.

 

The only entries between November 2009 and March 2010, apart from my last payment in Nov 2009, are for interest and late payment fees.

 

It would seem from the evidence that I have that a SB defence should hopefully succeed.

 

Could someone please advise if this makes sense and if so the wording I should use?

 

Also, should I include the credit card statements as appendices?

 

Thanks for your help.

[AndyOrch]

" What cloak and dagger stuff? "

 

Changing the particulars of claim to hide the fact that's an MBNA card......

 

 

Statute Barred defence..

 

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 £x or any other sum, or relief of any kind is denied.

 

And no you cant attach any appendices (I assume you are submitting your defence on line using MCOL?)

 

If posting defence...still no... you do not attach anything to a defence.

[Guest]

its looking barred.

was that last payment a required contractual 'minimum payment'

[davywavy]

Thank you andyorch.

 

I wasn't trying to hide anything - I stated that it was an MBNA credit card. This is my 1st post and if I did something wrong then I apologise.

 

Do you think that I have a good case for an SB defence?

[AndyOrch]

In theory yes (last payment wise Nov 09) ...apart from the Default being registered March 2010 (4 months after the breach)...they may argue it would be March 2016 ?

 

Claim issued 22/1/16

[Guest]

3 mths after if that last payment was contractual, the initial breach then being the next mths missed payment (if the terms dont allow for a missed payment...)

and, as andy notes, will a judge go by the default notice

[davywavy]

Thanks again.......so it seems the 'cause of action date' is a bit of a grey area.

 

 

One would think it might be the date of the 1st missed payment,

in my case mid Dec 10,

as the basis of the Claimant's claim is that the minimum payments have not been made?

 

 

However, as I understand it, the cause of action is the date at which the contract is breached,

which, if the contract allows for a missed payment, might be a later date?

 

Does this make any sense?