Capquest/Reston claimform - old Littlewoods CAT debt - statute barred?

[blueboy1]

Evening Everyone,

Can someone just walk me through a Claim Form that I have received today.

 

Reston Solicitors on Behalf of Capquest.

 

Very Old Debt SB Sept 2015 16-8-2011,

 

sent one pound postal order to get Credit Agreement.

12-9-2011 sent letter asking for money back as they didn't supply Agreement and kept money to take off debt.

 

Capquest over the years,

have sent random begging letters with big discount.

Have not replied or entered into conversation by phone or letter.

 

28-3-2017 had letter from Reston Sol, threatening court. 4-4-2017

sent SB Letter

 

7-5-2017 had Claim Form.

Will defend as SB,

 

can someone just give me a quick guide on correct procedure.

 

Many thanks Have just edited it into separate lines but goes back to this!

[renegadeimp]

If youre 100% sure its SB, just send the SB defence through MCOL.

 

Who are restons clients?

[blueboy1]

Capquest.

[dx100uk]

can you fill this out please

so's we have all the correct info to properly advise you

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

dx

[blueboy1]

Name of the Claimant ? Capquest

Date of issue – . 2-5-2017

 

 

What is the claim for – the reason they have issued the claim?

 

1. THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDENT AND LITTLEWOODS DATED 8-10-2001 AND ASSIGNED TO THE CLAIMANT 1-10-2006

 

What is the value of the claim? 560.00

 

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

 

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. CAPQUEST DEBT BUYER

 

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

 

Did you receive a Default Notice from the original creditor? 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? IN SERIOUS DEBT PROBLEM

 

What was the date of your last payment? 5-9-2009

 

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 planicon?

YES PAID A POUND FOR A FEW YEARS

- THEN FOUND THIS SITE AND SENT CCA WHICH THEY COULD NOT PROVIDE AND KEPT THE POUND FOR IT AND PAID IT INTO THE BALANCE OWING ON 18-8-2011 NO PAYMENT SINCE.

 

As I have a clear SB defence,

what is the best course now?

[lookinforinfo]

Typical trick of the unscrupulous-using the £1 from the CCA request against the debt thus appearing to extend the Limitations Act. Did Capquest return your £1?

[dx100uk]

can you please check the name of the claimant

 

 

and is that the full particulars of claim?

[renegadeimp]

No CCA and SB means theyre on to a loser and they know it. Theyre simply trying their luck.

[blueboy1]

Typical trick of the unscrupulous-using the £1 from the CCA request against the debt thus appearing to extend the Limitations Act. Did Capquest return your £1?

 

NO

 

can you please check the name of the claimant

 

and is that the full particulars of claim?

 

sorry, yes Capquest

[dx100uk]

is that the full particulars of claim?

[lookinforinfo]

Quote Originally Posted by lookinforinfo

Typical trick of the unscrupulous-using the £1 from the CCA Request against the debt thus appearing to extend the Limitations Act. Did Capquest return your £1?

 

NO

 

Interesting. Is this a new crooked ploy? They have put your CCA request against your debt and not sent you the requested info. So their argument could be that there was no CCA request[which is why they didn't send the data plus it gets them out of not being able to take you to Court for them being in default ] and the £1 payment was done by you thus acknowledging the debt and extending the Limitation period. I note that you were quite clear about the date you sent the postal order so I am assuming that you have some kind of proof still just in case.

[blueboy1]

I still have a copy of the letter with the Post Office receipt clipped to it.

[dx100uk]

Post 11 please

[lookinforinfo]

I still have a copy of the letter with the Post Office receipt clipped to it.

 

Wow you are a bigger hoarder than I am. Well done. That should really scotch them if they are trying to pull a fast one. Or attempting to pervert the course of Justice as a Judge might put it.

[catquest]

Remember the important cases which make it clear that mentioning an account in correspondence ( eg a section 77/78 request ) while at the same time not admitting the debt does not count as acknowledgement : Good v Parry, Surrendra Overseas v Shri Lanka, Re Flynn .

[lookinforinfo]

Yes that is right.

However paying in £1 to reduce the debt could be considered an acknowledgment of the debt

so the OP has to watch out for that.

[dx100uk]

No it cannot

[lookinforinfo]

Making a payment off a debt however small the amount would surely be an acknowledgement of the debt.

 

 

As far as I can see the creditor has not admitted receiving the CCA request nor provided Blueboy1 with the legal requirements of the CCA so on the face of it Blueboy has made a payment off the debt.

[AndyOrch]

The statuary fee should not be used as payment to any balance..its a legal requirement to pay the fee of £1...should any claimant argue that a payment of £1 was made and therefore acknowledgement made...counter that they are in default and not provided and that payment was made for this request (provide copies of the request as evidence)

 

Andy

[catquest]

The problem here is that the OP paid £ 1 for several years towards the debt. Blueboy how did you find out that they had paid it towards the balance ?

[dx100uk]

Disregard the CCA £1

 

When was the last time you paid anything off the debt?

If that's within 6 yes the rest is immaterial.

 

You need to back the claim and get CCA/CPR running asap

[blueboy1]

Post 11 please

 

PARTICULARS OF CLAIM The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Littlewoods. Dated on or about Oct 08 2001 and assigned to the Claimant on Oct 01 2006.

[dx100uk]

wow so its really just that.

 

restons are getting rather skimpy with their pocs

must be cause we keep winning on CCA/CPR issues....

 

so you say your last payment was sept 09?

regardless to the CCA £1 debacle?

[blueboy1]

Afternoon Guys, just looked online, and my defence was received on 8/5/2017. There is nothing else listed. It is well past the 28 days, so does that mean Restons have not continued with the Claim?

[Old Cogger]

ring the court probably stayed after 28 days