Capquest/? claim form - Old HBOS Loan 'debt' poss SB'd

[hallowitch]

My stepson has received a claim form from capquest

which he believes is for a loan he had with Halifax

we have checked his noddle and Equifax file

and nothing is showing up

 

 

Issue date 31st march 2016

 

Name Of claimant Capquest

1) The claim is for the sum of 11k in respect of monies owing by the defendant

on a credit agreement held by the defendant with Lloyds banking group under account number 1234567

upon which the defendant failed to maintain payments

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

2)by virtue of a sale agreement between Lloyds banking group and the claimant who has a genuine commercial interest

The defendant has been notified of the assignment by letter Contact Drydensfairfax solicitors

 

What is the value of the claim? 11k

 

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

 

When did you enter into the original agreement before or after 2007? not sure 2006/2007

 

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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

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 ? no

 

Why did you cease payments? split with wife then made redundant

 

What was the date of your last payment? approx. July august 2009 however it could be as late as 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 management plan? no

How do we defend this as I think it is statue barred (if that's the correct word )

 

 

Thanks

[dx100uk]

date of the claim please

[hallowitch]

date of the claim please

 

 

Thanks for looking dx

 

 

Issue date 31st march 2016

[dx100uk]

go ring Halifax.

 

 

quotes the AC number

and ask!

 

 

dx

[hallowitch]

cheers dx got him coming round in the morning to phone

 

He will ask for

 

Date of loan agreement

 

Amount of loan (he thinks it was 5k he borrowed and he did pay it for a few yrs so cant understand why its now 11k)

date /amount of last payment

date of default

date debt was sold and to who

 

Is their anything else he needs to know

[dx100uk]

quite honestly id simply quote the account number

find out if it is a loan or bank account

and ask date of last payment.

they are not involved in the claim

don't mention it

 

 

the rest you point to you don't need

[hallowitch]

got the information from Halifax

 

 

Bank loan

last payment 31/7/09

default date September 09

[renegadeimp]

So its statute barred and capquest got greedy? better luck next time capquest. Theyre going to be so mad when you file the SB defence. Especially now you have the info direct from the OC

[AndyOrch]

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 (insert value) or any other sum, or relief of any kind is denied.

[dx100uk]

well done

go file it now

no need to wait

and no need to do anything else

[hallowitch]

thanks guys very very grateful all done defence in

[hallowitch]

got a letter from drydensfairfax about this

 

I have scanned the letters but don't know how to put them up here

 

they have sent copy's agreement, statement ,default notice, notice of assignment (nothing about it being statue barred )

asking for payment in 14 days

[dx100uk]

so immaterial really

 

 

follow the upload

 

 

scan them all to JPG

redact them

pop them all into ONE MULTIPAGE doc

then file

save as

.pdf

 

 

and attach here

 

 

read the guide

[hallowitch]

so immaterial really

 

 

follow the upload

 

 

scan them all to JPG

redact them

pop them all into ONE MULTIPAGE doc

then file

save as

.pdf

 

 

and attach here

 

 

read the guide

 

not a chance I can I do that I have tried before to send files to husbands work and the only way I can do it is scan as pdf doc and e-mail it

[hallowitch]

not got any emails yet

 

 

sent again hope its ok this time

 

thanks

[dx100uk]

cant see the agreement

 

but that makes no odds

 

they've shot themselves in the foot really

as the statements clearly show

last payment was 4/9/2009:lol:

[Guest]

last payment was 4/9/2009:lol:

and the dn issue date is shown as 24/10/09, so they cant use that dn argument

and, although the dn is re arrears, it says all monies outstanding may be due thereafter. did they request the full amount outstanding after that?

[hallowitch]

had another letter giving them 14 days to pay up

 

can they take them back to court again

[dx100uk]

Giving them??

 

The claim is stayed is it not?

[hallowitch]

Giving them??

 

The claim is stayed is it not?

 

yes as far as I know they never received anything from the court all they received was the paperwork from capquest that you posted on here (thanks for that dx)

[AndyOrch]

had another letter giving them 14 days to pay up

 

can they take them back to court again

 

Giving who...the claimant or you ? Perhaps upload the letter.

 

Andy

[hallowitch]

will get them to bring it round over weekend and post it thanks