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Capquest/shoosmith/court summons Cat debt

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I am sorry that you all may of seen this issue a million times already

but ive spent weeks reading forums and still feel so lost.

So i hope you will bear with me and help sort my confused brain.

 

When living in England I had several accounts.

Credit cards. Catalogues and even a loan.

When the recession came in 2010 I found myself without a job and no way to pay.

 

My partners mother offered me a cleaning job

but I had to relocate to Edinburgh September 24th 2010 was the day i left England,

 

 

this job barely covered the rent so yes i am ashamed to admit I walked away

and expected my creditors to make me bankcrupt, which never happened.

 

6 years later and i am finally on my feet again,

my partner is now a full time student who i support and I avoid credit at all costs.

 

End of november i received a court summons for a catalogue debt owned by capquest and shoosmiths are acting on thier behalf.

 

After speaking to an advisor at national debt helpline

the debt is possibly still enforceable in court as it was a buy now pay later item

if i had decided to challenge i would lose and end up paying costs too

i wrote to shoosmiths who has agreed a payment plan but is still proceeding with a decree.

 

Fair enough another 6 years of no credit will be a good thing i suppose.

 

My issue is

capquest have now contacted me regarding two other debts which I believe are actually statute barred.

 

Last payment to both debts were 6th september 2010 i checked my old bank statements.

 

I have sent the national debt helplines template letter for statute barred debts using the scotland template as although it was an English debt all my creditors only needed to do was check my credit file to see ive lived in scotland since 2010.

 

I know very long winded but what will happen next do you think.

Will shoosmiths take me to court on these two debts aswell.

 

For the first time in years i am losing sleep again over this

. It is so nice to not be broke and to go back there again is the worst thing i can imagine.

I cant afford a solicitor to help me etiher it would be just me against a massive law firm and i am pertrified that i cannot afford what the judge will tell me to pay back :(

 

Please help and advise what the next step will be regarding the two statute barred debts.

Ive already lost on the catalogue debt and will be paying back 32 per month for a good few years.!

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The other debts are statue barred

Send them the SB letter from the dca section of our library

 

As for the one you are blindly paying

When was your last payment or order

And what date was on the original summons?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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just to be sure on a couple of points..

 

firstly, NDL if they did say that?

are wrong.

it could still be statute barred

 

2nd thing

if the accounts were taken out whist resident in England

Scottish SB rules do NOT apply..

it will still be 6yrs from last payment or use of the account

and

the current owners of your debts can still ASK for payment

as the debt still exists

but you can equally ASK then to go away.

 

unlike if you took the accounts out whist resident in Scotland

whereby after 5yrs the account is SB'd

and is totally extinguished

 

if your timings are correct as it appears to me

then the degree shoes are after is on a STATUTE BARRED debt.

 

what is the date to return on the 1a? claim?

look at the bottom of page 1

 

if this date has not passed

and the debt IS statute barred

 

then I would simply write in page 7 xxbox 3

after intend to state a defence

the debt is statute barred

 

copy it

and return just that page to the clerks office of the Sherriff court that issued it.

 

then stop all comms with the pursuers and their solicitors.

 

if the return date has gone

 

then comeback here.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi thank you for the clarification.

 

 

The national debt line advisor made me think I was covered by the scottish rules so we was unsure about the 5 years being over.

 

 

The one that has gone to court was a buy now pay later debt so I did not miss my first payment until maybe august or september 2011 and with the 6 years rule they have until 2017 to take action

so I will not be defending this case as I can only imagine what the additional court costs would be on top when I lose.

 

The other two.

First missed payment would of been 6th October 2010

but as I have sent the incorrect time ran out letter I will just have to wait for their response.

I assume i will need to send the correct English one next time they contact me telling me I am wrong?

 

Now that capquest own these debts too I am so scared of having to stand infront of a judge explaining why I got into the mess then ignored it.

 

 

I wish they had took me to court in 2010/2011 when I was still in the mess and maybe they would of accepted small manageable payments. Oh well lesson learned.

 

They should get my letters on Monday

so I may be back for further advise when they respond so that I dont make this even worse.

Thanks for replying :)

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You're worrying waaaaay too much. The court isn't a criminal one at all. The oc sold the debt to a bottom of the barrel.dca for a reason. Normally it's because it's unrecoverable and the dca gets greedy and doesn't care about legitimacy. Also stop being so moral with them. Dcas have no morals. At all.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Donnamt user-offline.png

 

 

it doesn't matter it was BNPL account

 

 

so when a payment should have been made makes no odds

 

 

the debt was incurred on the date you took the account out

you've made no payments

its statute barred.

 

 

as for the other debts list them please

and have you sent them a CCA request?

 

 

please don't go blindly giving in

a DCA is NOT A BAILIFF

 

 

as for if you goto court

well you are there with a number of others and you each go in turn and sit at a table

its not like what you see on TV

very informal and most sheriffs are on the debtors side

 

 

as they know full well in Scotland the stunts crapest and cabot and the like try and pull.

 

 

so go back to my post and tell me the dates please

DO NOT CONTACT capquest or their fleecers shoes again

wrong move!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi sorry I thought I had already said.

 

 

After contacting Shoosmiths they agreed the payment plan but said they was still going for the decree so I sent the court paperwork off admitting liability and included their letter in the hope the judge would agree to the £32 per month

 

 

this has all been these last two weeks

the court date isnt until February

 

 

i was hoping the judge would make a ruling before then saving me a court appearance which I have read happens when the pursuer agrees to the payment plan and the court doesn't actually happen and the decree is granted without the need to appear.

 

I know now that I panicked and have probably made a massive mistake but at the time it felt like the lesser evil than going to court and plus I cannot afford a solicitor to go up against them for me.

 

a day later I had new letters from Capquest about the two debts I am completely sure are statute barred but the thought of having to go to court to defend myself is making me sick with worry.

 

 

I was hoping that by sending the time ran out letters as advised they wouldn't involve shoosmiths and I wouldn't have to go up against a massive law firm in court.

 

no I haven't sent any CCAs just the one template letter from national debt helpline, the adviser sent me a link to which one to use.

 

 

I will do the CCA thing if they come back saying the debts are still active i guess?

he seemed to think I should get a DAS but I never went ahead with that because I don't want to have a basic bank account more than I don't want a decree or go to court.

 

 

I have no intention of ever trying for credit again but I am attached to the bank account I've has since I was a young teen. sorry for rambling!!

 

the two I am now worried about are both owned by arrow global and capquest is working on their behalf,

 

 

they used to be a credit card with MBNA £5693.00 (from my credit file: default date 30/04/11)

and a loan with Sainsburys bank £3430.00 (from my credit file default date 12/03/2011)

 

no CCJ's or Decrees are registered against me at the moment.

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you seriously need to get out of your head the scary bit of 'going to court'

 

its not like that

its not like what you have p'haps seen on tv.

its simply a table that people sit around.

 

debts like this are deal with in the morning 'em mass,

yes you all [debtors in the same boat]

sit in the public gallery of a court 'room'

 

one by one you are called down to the front to sit down and talk about things.

your debt is statute barred

its not for YOU to prove it IS

its for the purser too!!

 

you would simply state that the debt is statute barred at the table and that's it.

the Sherriff knows the score

 

now I SERIOUSLY suggest you contact the clerk of the sheriff court office tomorrow

have your claim number ready

quote it and state you have been advised [true word would be spoofed] by the pursuers solicitors into admitting the debt

but since sending in the form

you have discovered that the debt is statute barred and you wish to get this done now.

 

they will tell you what to do.

 

do you still have the court paperwork [or a copy of it?]

 

as for the other debts

 

make a new thread for each one please.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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well?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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