Wannabedebtfree1984
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Posts
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Ok thank you. I will attempt to do this tomorrow. Will post on here if I have any queries. If my defence doesn't uphold, what happens? Will the Cca remain on my file for 6 years or will I have the opportunity to pay it in full within 31 days?
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It appears that way. I still have the email. I doubt very very much that I paid anything for a while prior to that email. Capquest state nothing since Jan 2009 on their statement...
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This was paid through H L Legal's website. I sent them an email request notifying them that whilst I do not acknowledge any debt I had made the £1.00 payment as per the fee payable under the Consumer Credit Act for a copy of the credit agreement
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That Cca request was sent to H L Legal & Collections Solicifors. Like I say no response was received. I don't appear to have anything prior relating to this. That email with the Cca request is the earliest. The only thing really I have to rely on is the Capquest statement from last year which states that a payment has been received for only £1 from Jan 2009 until now... .. Surely that would clearly make this statute barred would it not? If not, do you suggest that I attempt to call Capitsl One or Capquest directly, or indeed Drydens in an attempt to obtain details of the last payment made? Do I need to do anything with the Claim Form in the meantime, or based upon the information do I have a strong enough defence for statute barred? If I defend and lose, will I still have a further 31 days to pay the claim to enable this to be removed from my report or will it stay on for 6 years?
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I have also found an email.... Sorry I have paperwork all over the place trying to locate anything that relates to this. I have found an email that I sent to another debt collector whom had this before Capquest which was a Cca request. The £1 was a payment from me for a copy but in the email it was stated that I do not acknowledge any debt..... I didn't receive a response to my Cca request and this was sent in January 2011. The £1.00 was allocated to my account by the looks of it but I didn't receive a response to my request
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I have also found a statement from Capquest from November 2014. This states that the statement period is from January 2009-October 2014. It shows the opening balance as 2514 the only payment that is showing is on 14 March 2011 from an external agency for £1.00? What does this mean? I didn't make a payment
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I have paid in the past, but can't remeber specific dates. The old credit file I have is dated May 2012 which shows the aforementioned information on the Capquest account. I have certainly not made any payments recently and for certain not since May 2010.
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I haven't used the card for many years. Don't even have the card any longer.
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In the 25-36 month box it shows the code as ?88 888 888 888. Then in the 37-48month box it states 8?8 888. Would this mean it was statute barred?
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The debt has fallen off my credit report so unable to see this. I have an old paper copy of my credit report but that shows that the credit agreement started in August 2005 and the default date is April 2008. The account on my paper copy states that it was last updated April 2012, but the balance has been the same some 12-24 months prior?
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Name of the Claimant ? Capquest Investments Limited Date of issue – 03 December 2015 day to submit defence = 05.01.16 (33 days in total) by 4pm [inc + 1 day for xmas day ] What is the claim for – 1. The Claim is for the sum of £2,700.00 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 xxxxx xxxxx xxxxxx xxxxx 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 Claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113..... What is the value of the claim? £2,700.00 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 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? Yes Did you receive a Default Notice from the original creditor? Probably 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? Young and dumb What was the date of your last payment? Cannot remember but definitely nothing since May 2010 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 managementicon plan? Yes
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Good evening, I wondered if you could help me. I have received a county court claim form for a credit card debt. The credit card was capital one and the debt was passed to various solicitors over the years. The debt is now with Capquest and they have instructed Drydens Fairfax to manage the matter. This credit card was taken out over 6 years ago, however I believe the last payment made could be around the 5 or 6 year mark which if over 6 could make the debt statute barred. I have tried to find old paperwork to try and see when I last made payment but can't and I no longer bank with the particular bank from which the payments will have been made. I know I haven't made any payment since May 2010 and could be earlier. The issue date on the Claim a Form is 03 December 2015 and I know I have to comply with timescales. I cannot afford to have a CCJ registered against me as I am looking to purchase a house next year. I haven't received anything from anyone about this debt for around 4 years until a week or so ago when I got a letter from Drydens. They threatened legal action if I didn't contact them within 14 days. I contacted them within this period and emailed for more information. They emailed back to request a paragraph from me to confirm that I was happy to correspond via email I did this, received no further response apart from the Claim Form. I don't know what to do for the best. The debt is in excess of £2500. I also cannot find out when my last payment was. I don't know where to start. Do I acknowledge regardless? Do I attempt to defend with no evidence unless they can prove otherwise? I look forward to receiving your help Thank you
