I have now received a letter from Drydensfairfax informing me that they have now discussed my Defence with their client and have enclosed the same statement that I have had before. They imply that my defence is that the debt is statute barred but in fact that is not what I stated in my defence. I had previously received a statement showing the last payment was made in June 2011 so I did not use the statute barred for my defence. However they now say they will apply to the court to have the stay lifted and progress the legal action. Should I just ignore this letter?

Thank you very much for all the excellent help.

Well it's well passed 33 days now, so should I expect to hear anything further. I have checked MCOL and nothing further has been added since my defence. what does autostayed mean? Many thanks

As I understand it CapQuest or Drydens have to reply to my defence within 33 days, is this correct? If so, then the time limit has passed, so what happens now. I have checked on MCOL and no additions have been made since my defence.

oh,b........

So, since CapQuest have sent me the statement with the last payment 02/2009 as part of my CCA request is this debt statue barred, and if so can they proceed in court.

cq statement 2011.pdf this is the statement received from CapQuest sometime back in 2011. the only statements I have had since show that the last payment was 02/2009.

Apologies, the V number on T&C1 is v6# and on T&C2 is v12b#.

The attachments show the T&C's received from CapQuest and the Application form in response to my request for CCA details. I have also scanned a letter received from DrydensFairfax in response to the CPR request. Not sure how to progress from here. . Many thanks T+C v#12b.pdf CCA+Letter.pdf T+C v# unknown.pdf statements.pdf

I think this statement was sent by CapQuest in 2011. It is just a listing of dates and the amount paid by direct debit. No ref numbers but final payment on 17/11/2010. Not the same as the statement I have uploaded, which is a more detailed transaction statement and shows the last payment in was made in 2009. Oddly enough the statement listing DD,s is on 3 pages and the first page ends with 02/01/09 £72.00 paid which coincides with the date on the typed up copy statement uploaded above. Perhaps they "lost" pages 2 and 3 Hope this all makes sense.

At some time in 2011 I received a Statement of Account which listed payments only and showed payment of£21 per month from 17/02/09 until 02/06/11. However on the latest statement received from CapQuest the payments seem to stop in 2009, so the two statements don't tally.

I have received a letter from Capquest with a photocopy of what I assume is the original application form, together with a typed up list of terms and conditions. Also attached is a statement, (27 pages) again typed up, not printed out from the bank. Mid way through this statement one of the items listed is as follows: Statement Date: 04/09/2007 Minimum Payment Due: £2,949.09 Credit Limit: £2,800.00 New Balance: £2,949.09 Transaction Date Details Paid-In Paid Out 04/09/2007 INTEREST CHARGE-OFF -£50.08 04/09/2007 OTHER FEES CHARGE-OFF -£126.00 04/09/2007 DELINQUENCY CHARGE-OFF -£2,773.01 TOTALS £2,949.09 0.0 Can you throw any light on to what this means. Looking at this it seems the account should be clear, but obviously it isn't. I guess I now wait to hear from the Courts, the solicitors have not yet responded to my CPR request. Many thanks

Thanks - defence now filed. What happens next, should I expect to hear something from the Court or CapQuest?

Is this better??

Thanks Andy, back to the drawing board.

Particulars of Claim 1. The Claim is for the sum of £1603.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) plc under account number xxxxxxxxxx upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Capital One Bank (Europe) plc and the claimants, the claim vested in the claimant who has a genuine commercial interest. the defendant has been notice of the assignment by letter. Contact Dryden Fairfax solicitors. Proposed Defence The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I had an agreement in the past with Capital One but do not recognize the account number referred to by the Claimant. 2. Paragraph 2 is not admitted with regards to the Claimant serving a default notice in connection with the alleged contractual agreement. 3. Paragraph 3 is denied. the defendant is unaware of any legal assignment the Claimant refers to nor has the defendant been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. On 15th December 2015 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to respond to either request and remains in default. 4. It is therefore denied with regard to the defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 therefore the Claimant is put to strict proof to - (a) Show how the defendant has entered into an agreement with the Claimant; and (b) Show how the Claimant has reached the amount claimed for; and © Show how the Claimant has the legal right, either under statute or equity, to issue a claim. 5. As per Civil procedure Rule 16.5(4) it is expected that the Claimant prove the money is owed. 1 .On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 2. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

I have been checking old documents regarding this debt have noticed that on a typed up statement of payments which I think was sent by CapQuest in 2011 they have listed Payment Protection Insurance. I didn't realise I had this, cannot remember ever having asked for it and yet I have been charged £21 per month. This dates from 2004, is this something I can claim for or is it too old? If I add up these payment and the late payment charges I probably owe them nothing. I am reading through threads to prepare my defence which I think will be a denial. Both CCA and CPR letters have been sent but as yet no acnowledgement received. Thanks for all your help.

Solicitors are Drydens Fairfax

Does this mean I have to enter my defense on the web site, and is my defense that I haven't had the correct information prior to receiving this Court Judgement.

Thank you for your help. Claim form acknowledged.

Name of the Claimant ? CapQuest Investments Ltd Date of issue – 7th December 2015 What is the claim for – 1. The Claim is for the sum of £1603.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One Bank (Europe) plc under account number xxxxxxxxxx upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Capital One Bank (Europe) plc and the claimants, the claim vested in the claimant who has a genuine commercial interest. the defendant has been notice of the assignment by letter. Contact Dryden Fairfax solicitors. What is the value of the claim? £1603 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? before 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Have had correspondence but not headed Notice of Default Sums. Why did you cease payments? Was paying by direct debt to What was the date of your last payment? February 2009 Was there a dispute with the original creditor that remains unresolved? I requested a copy of CCA in Aug 2011 and had several on hold letters then had a photocopy of a Credit Application Form which I acknowledged stating that it did not confirm to Section 60(1) of the CCA Act. Another holding letter was followed by another copy Application form and a letter telling me it was compliant. Eventually received a typed up copy of T&Cs in March 2012. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

I do have a claim form - Headed in the County Court Business Centre. I haven't yet filled this in. Additional fees have been added, court fees and legal representative costs, even though nothing has yet been done. should I now fill in the form and return it. Going through the old paperwork I do not appear to have had a Default Notice.

Back in 2012 Capquest send me documents I requested following their demand letters for an outstanding credit card bill. They send a copy of my Agreement form, and a typed up copy of T&Cs. According to my records they last payment made on this debt was March 2009. I had a letter on October 2015 reminding me that I had not replied to their earlier correspondence. I ignored this, rightly or wrongly and today have received a letter stating that a CCJ has been issued against me. They have obvious added their fees, court fees and the fees of their solicitors to this debt. What ismy next step. Clearly I cannot ignore this CCJ but would ike to be in a position to replay the facts to the court, especially considering the time frame involved. Any help would be much appreciated.

I have had a letter from Mackenziehall stating that they are acting for their client Idem Servicing Ltd. This debt was originally a Lombard Loan way back and has been passed to approx. 7 DCA's. In my opinion this debt is in dispute since I never received my CCA as requested from Instrum Justitia back in 2009. I have informed the relevant DCAs of this and then the debt seems to get passed to yet another. Could this debt be statute barred because no payments have been made since 2007 with the exception that I successfully claimed back PPI and this amount was taken by RBS off the outstanding debt, so does this count as a payment? Also can I now send Mackenzie hall the standard letter telling them that I believe the debt is still in dispute or should they be chasing it at all since the dispute goes unanswered? Thank you

No they haven't, but I have written and asked them to provide it, so I will wait and see what their response it.