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uub

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  1. Thanks for clarifying this, I'm 99% sure this debt should be statute barred if that is indeed the case. I have received 2 letters which I have attached since my last posting, Arrow Global have returned the £1 postal order which was sent with the CCA request, and they have marked it as a 'payment', I am worried this will be viewed as payment towards the account and an acknowledgement that the debt is owed? What should be my next step from here?
  2. I have just checked the whole of the last 6 years bank records which go back 24th October 2008 and I can see no payments being made to Capital One, I have owned the same account for over 10 years and any payments I made to Capital One at the time would have come from this account. I will send a SAR to Capital One today for whatever information they hold. The account number on the court papers and the account number I have are completely different, is this at all relevant? It looks to be a 16 digit visa number they have used as the account number however I still have the original Capital One card which has a different number printed on it. So far I have only acknowledged the court papers on the money claim website and sent a CCA request to Arrow and a CPR request to drydensfairfax. I really appreciate everyone's input, the whole thing has just got me panicking.
  3. I seem to be receiving conflicting advice then because I spoke to national debt helpline and they said that time to statute barred usually starts from the date of the last missed payment or something along those lines and not the date of the default as some creditors can take many months to apply a default to the account. There is also other posts on this forum which seem to indicate that SB also starts from last payment and not the default. What is my best course of action, any advice is greatly appreciated.
  4. The date of the default was 11th Feb 2009, however the last payment and the last contact with Capital One was some 6 months prior to the date of the default. As for as I can make out a debt is statute barred when no payment has been made for a period of more than 6 years and as long as the debt has also not been acknowledged in this time, of which both are true. My answers to the questionnaire you linked to. Name of claimant: Arrow Global Guernsey Limited Date of issue: 17th November 2014 What is the claim for: 1. The claim is for the sum of £xxx is respect of monies owing by the defendant on a credit agreement held by the defendant with Capital One under account number xxxxxx 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 and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Value of the claim: £xxx + court fee £60 + solicitor's costs £70 total: £xxx The claim was for a credit card account. Original account started: August 2007 It is not the original creditor who has issued proceedings. I was unaware the debt had been assigned and did not receive notice of this, I have moved more than 5 times in the last 6 years. I can not remember receiving a default notice again this may possibly be due to the number of times I have moved. I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge. I was unable to continue making payments with the original creditor due to financial difficulties I had at the time, mainly due to being made redundant. There was no dispute with the original creditor. I did not communicate my problems with the original creditor or enter any DMP. Since receiving this today I have sent a CCA request letter to the Arrow Global as well as a CPR request letter to their solicitor. I have also acknowledge the claim form via the money claim website with an intention to defend the claim.
  5. Hi and thanks for taking the time to read. I have just received a small claims form pack (N9) which was issued on 17-Nov-2014 from Northampton county court business centre, for an old debt from Capital One which Arrow Global have purchased. I have looked up on my credit profile and can see a default was registered on 11/02/2009, the last payment for this debt was some months before that so it may possibly be statute barred if I'm correct? I have never acknowledged any letters or had any contact with Arrow Global, nor have I ever had any contact with Capital One since the default, I have just buried my head in the sand as I have never really been in a position to do anything about the debt. I'm a little unsure how to proceed or what to do and any advice would be greatly appreciated.
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