Capquest claimform - old Littlewoods Shop Diect account - filed defence

[SirHumpy]

Hi,

 

In October 19 I received a small claims pack about an old littlewoods account. I filed a defence as:

"An action founded on tort shall not be brought after the
expiration of six years from the date on which the cause of action
accrued.

No payment or written acknowledgment has been made to this account
in over six years, therefore the claimants claim is denied under
section 5 Limitations act 1980.

Further a section 77-79 CCA sent/requested on 15/10/19 and has not
yet been acknowledged or received. On the same date a request was
made for a copy of the alleged Default Notice (made under CPR
31.14), mentioned in the particulars of claim, no reply to date
has been received. Finally a copy of the alleged assignment was
requested on the same date (made under section 77-79 CCA) and has
not yet been received."

 

I received a letter back saying they were attempting to satisfy my requests, but nothing since. The claim is still there, does it have any time limit at this stage?

 

Any help would be very much appreciated. 

[brassnecked]

Could you give us a little more background please, as in what was the debt originally for, and when was a payment last made on the account?

[SirHumpy]

Thanks for such a speedy reply.

It was for a littlewoods catalogue, ran from 2009 to 2013 when it defaulted. At time of service for small claims it had been over 6 years since last payment or any acknowledgment.  

[dx100uk]

the claim is stayed then.

what do you mean 'its still there?'

 

please complete this when you have 5 mins

 

 

 

[SirHumpy]

Still showing on MCOL, but with no updates since sending my defence.

[brassnecked]

So long as last payment was  6 years before date of Claim, SB defence should kill it anyway.

[dx100uk]

It will show . Doesnt harm you

read what the court sent when they ack'd your defence

 

 

[SirHumpy]

Name of the Claimant ? Capquest

 

Date of issue – 10/10/19

 

Your acknowledgment of service was received on 25/10/2019 at 16:05:14

Your defence was submitted on 07/11/2019 at 09:55:10

Your defence was received on 07/11/2019 at 12:05:11

 

Particulars of Claim

Not sure how to view this at the moment, as its not listed on the views I can see online.

Will route out the paper copies and update in the morning.

It is a Shop Direct / Littlewoods

 

What is the total value of the claim? £3000

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBd

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? NA

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  catalogue

 

When did you enter into the original agreement before or after April 2007 ? After, in 2009

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one

 

Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? N

 

Why did you cease payments? in 2013. Not sure exactly but it was early in the year.

 

What was the date of your last payment? Early 2013

 

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? In 2013 early, but they never accepted.