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Capquest/Drydens stayed 2014 claim - now N244 - old Virgin Money MBNA Card

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About two weeks ago (Jan 2019) I received a letter from DrysdensFairfax solicitors acting on behalf of CapQuest for a debt of £9900.07 which I want to defend on the basis of its being and unenforceable debt.

 

The original credit agreement was with Virgin Money and dates from 2005

The original default letter dates from 2009.

 

The debt has increased due to 'various court charges etc charges' that aren't itemised

 

They issued court proceedings in 2014 which I defended, and they put a stay on the case.. they have recently requested for the stay to be lifted and a court date has been set for March 2019.

 

I have objected to this for many reasons (it seems very poor professional practice to delay a case for no reason for almost 10 years. I currently have a completely clear credit record with no loans/credit cards/defaults of any kind on it.

 

The court date of 1st March seems very soon for me to prepare my defence. Can I ask for it to be delayed.

 

Any advice much appreciated.

 

Thank you

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moved to the legal forum and thread re titled.

 

so they've supplied all the relevant paperwork?

or just sent an N244

what is it for lift the stay strike out your defence and summary judgement.?


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Yes, lift the stay and get summary judgement. They have managed to lift the stay as I got court papers today for 1st March which seems very soon.

Thank you so much for replying

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well no they haven't

its a hearing to lift it.

 

so what defence did you file

and what documentary evidence have they sent

 

I will assume you sent CCA and CPR too, so did they ever comply?

 

and ofcourse the debt wold now be statute barred as well.


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sorry I don't know what CPA and CPR are -

The letter from the court I received today says that

'the hearing of the claimant's application (see copy attached) will take place at (march date)

 

the application attached is an N244 - an application to have to stay lifted - so does that mean they would need two hearings

-one to have the stay lifted

-and another to take the case forwards if it was?

 

Re the debt being statute barred - I've tried that and they are claiming that is not the case based on this

 

'We understand that you intend to defend this claim as you believe that the above debt is statute barred as no payments have been made against it for more than 6 years.

 

We can confirm that pursuant to section 29 (5) of the Limitation Act 1980 there is a fresh accrual of limitation where there is a part payment (of any amount) or an acknowledgement made in writing. The six year limitation period in relation to this matter therefore accrues from the date of the last payment.

 

Statements of account exhibited to our client's application to lift the stay and enter summary judgement at page 36 of xxx shows a cheque payment of £5 being made to the account on11 Feb 2009.

 

As the claim was issued against you on 15 December 2014 this is well within the relevant limitation period and the claim is therefore not statute barred'

 

What do you make of this?

 

2009 is now 10 years ago

 

Many thanks,

Edited by dx100uk
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same thing one hearing.

 

what was you defence before then?

 

you should have sent a CCA request to the claimant

and

a CPR 31:14 to the solicitors.

 

so you didn't put them to strict proof to produce the signed agreement?

have they now produced this?

and is this the 1st you've seen about the 2009 £5 cheque payment, or were there others before then?

 

you need to get us upto speed with teir application and their exhibits [ scan the lot up to ONE multipage PDF please ..read upload]

 

give us the defence you filed in 2014.

and any correspondence like above you've sent since getting the N244.


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- they have sent copies of

credit agreement from 2005

a default notice from 2009

letters that the debt has been transferred from MBNA to CapQuest

 

I see - so they would apply to lift the stay and then progress to the debt hearing in one session?

 

I don't feel that gives me much time to get my information together and present a defence.

 

Do you think I can apply for more time and update my defence?

After all, they have had years in which they could have proceeded and didn't.

 

I will get the relevant information scanned and upload it here asap

 

I don't have any of the information from 2014 as so much time had passed I assumed it was no longer relevant and I disposed of it.

I also don't recall what letters I sent then as again it was so long ago I don't have a record

 

The only information I have the various copies they have sent me.

I will scan and post here.

Edited by dx100uk
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you will be submitting a witness statement by 7 I think or is it 14 days it is days before the hearing.

 

use the search CAG box of the top red toolbar

 

lift stay n244

 

or alike lots of relevant threads here.


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I'm doing some research and have logged on to the government 'money claim online' service to find out more.

 

It says I should have a 'claim number' (which I do) but also a 'defence pack password'

- maybe this was sent to me in 2014 but I now no longer have it

(I threw out old papers some time ago and assumed because so much time had elapsed I would not be contacted about this issue again).

 

Do you know how I could get my defence pack password?

 

Many thanks

 

default notice - all I can see is credit card statements with 'notice of default sums' - do these count as a default notice?

 

many thanks

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don't think yo can get a password for something that old

it would have been on the original claimform.

 

it wouldn't hurt you to go ring northants bulk and ask for a copy of the claimform by email PDF

they might have it


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Many thanks - that is one of the problems with a claimant starting a court case and then putting a stay on it for 4 years and then starting it up again.

If I'm not able to get online and see what is going on that will put me at a disadvantage.

 

I will take your advice re contacting Northants

 

At the moment I am trying to get all the documents they sent me into date order and working out what is what (the info attached to the N244 is not in straightforward order

 

I notice that they say the 'signed credit agreement is exhibited at pages 1 to 6, - page 1 is a photocopy of a document from 2005 and has the address I lived at then

- but pages 2-5 have my current address and are not signed.

 

Also, they have referenced the 'credit agreement' and the 'letter of assignment' in the witness statement and referred to the pages where they can be found.

 

But re the default notice they have not referred to any pages so maybe they haven't got it?

 

All they have sent me are credit card statements with 'default sums' but no letter.

 

If the letter was there I assume they would have given it a page reference to flag it up to the judge.

 

Many thanks

Edited by dx100uk
spacing

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well we'll deal with all that in your WS.

 

its not an issue you cant get on MCOL.

 

its involvement is over now anyway so don't sweat on that.

 

I will assume there is notification from your local court not just all this stuff sent from drydens?

 

we will need all that

and the comms you have had since mid jan please.

don't forget

one multipage PDF only please

suitable redacted!!

 

read upload


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