CCJ on a debt 8 years ago

[dannster]

Hi all,

 

I was wondering if anyone could offer some advice...

 

I had a solo card with Natwest when I was 15 which I used to buy something worth 79p. I remember prior to spending this 79p I had a balance of £10 in my account. A few days later I remember receiving a letter saying I was 79p overdrawn. I was confused but later realised this was because the £10 had already left my account but hadn't cleared from my balance. I was under the impression back then that I could literally only spend what was in my account and that it was impossible to be allowed to go overdrawn.

 

Anyway, they defaulted the account, stopped chasing the 79p debt and I forgot about it.

 

Today, I received a letter with some forms that need filling in from a county court. I assume this is a request for a CCJ? The debt is now £600 and I'm only a few days off 23 so it makes the debt 8 years old!

 

Is there anything I can do? Do I need to pay this £600?

[flyingdoc]

What does the letter actually say and what forms have been sent.

 

Please be as detailed as possible and if possible scan and post letter (removing personal details.)

 

thanks

[noomill060]

This is hilarious!

 

OK- they gave you credit as a minor and now 8 years later, two years after any debt would be Statute Barred they waste their money issuing a claim!

 

Oh boy, this is going to be entertaining! Dont worry about this at all, they are p!ssing in the wind, but you mustn't ignore it.

 

Respond appropriately and stuff them for as much as possible!

 

You will get loads of help to do this.

 

What a bunch of pathetic losers they are.

[noomill060]

You have 14 days to acknowledge the claim, this you must do and state that you will be disputing the whole claim on the grounds that it is statute barred and counter claim for your time, postage, bus fares, shoe leather etc

 

We will help you with your defence and counter claim, dont worry and dont even think of making any payment to them. Before this is over they will be paying you money.

[postggj]

all i can think of with all these statute barred claimscomming to the surface,

banks must be more hard up than me being that desperate for cash

[noomill060]

Quite honestly, as this person was underage at the time and its statute barred, I think this is not a million miles from attempted fraud.

 

Thats how desparate they are.

[noomill060]

dannster, just so we know what these court letters (if they are indeed court letters) could you scan them and post them up with Photobucket?

 

Cover up any personal details like your name, address, account number

[dannster]

Hi guys, thanks for all your encouraging comments! Unfortunately, I don't have a scanner (I use a laptop), but I'll try my best to describe the forms!

 

There's four blue forms with the first showing the claimant, Capquest Investments Limited, I as the defendant and it's been filed with Northampton County Court.

 

The particulars of the claim:

Part only of monies due under regulated Credit Agreement number XXXXXXXXXXXXXX Between National Westminster Bank plc and the Defendant the benefit of which was assigned to the Claimant on 22/12/2006.

The agreement terminated upon the Defendants failure to comply with the terms of the Agreement and/or the Statutory Notice of Default served by National Westminster Bank plc.

The claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of £0.07.

Any payments or queries should be directed to the claimant on...etc etc.

 

Amount claimed £299.99

Court fee £15.00

Solicitor's costs £50.00

Total amount: £364.99

 

The amount they're requesting is only half of which they requested in a letter last week (Sorry, I should have mentioned this in my post above!). Also, I don't know where they got the date of 22/12/2006 from!! I would have just turned 21 on 11/12/2006.

 

The other forms ask for details of employment, savings, and a defense and counterclaim.

 

I hope this helps, sorry I couldn't scan them for you and thank you for your help!

[noomill060]

is there a court seal?

[dannster]

No seal as such, but there's what looks like a stamp for Northampton County Court with the courts details, including a phone number.

[AndyOrch]

If its from Northampton its the real deal.

Who is the Claimant?

Follow the above advise with regards to AoS (defend all) and also have alook in the templates library for the Statue barred letter and send it to the Claimants Sols ASAP spl delivery retain proof of postage.

 

 

Regards

 

Andy

[dannster]

Thanks, the claimant is Capquest Investments Limited.

 

I have a friend who's a solicitor (he works in corporate law so his knowledge is limited), but he's checked the forms and at first he thought they were fake because the stamp is printed on rather than it being actually stamped. Then he checked through the law society whether the claimant's solicitor is an actual solicitor and she is, so he thinks it's likely it is genuine because obviously the solicitor wouldn't allow her name to be printed on a fake claim form. But, he's still asked me to call the court tomorrow to find out for certain.

 

He also said that the date 22/12/2006, must be the date Natwest sold the debt to Capquest Investments Limited so I need to find out when the default notice was issued.

 

He said that even if it was issued within the 6 year period they'd be forced to disclose all the documents to me, which he predicts they most likely wouldn't be able to do?

 

Also, something I was thinking about...the part of the particulars of the claim it states 'regulated credit agreement'. Would I have signed one of those on a very basic bank account with solo card facilities??

[AndyOrch]

Hi dannster

 

As thought they will never learn.Dosent really matter what the hell you signed, the debt providing you have not acknowledhed or used within the 6 year time frame is Statue Barred therfore unenforcable,As stated get your letter off ASAP, defend the whole claim and then sit back and dont worry.You may have a lot of fun with this one;)

 

I trust the above is of help.

 

Regards

 

Andy:)

[dannster]

Thank you I'll check the claim is genuine tomorrow and if it is, I'll defend it

[AndyOrch]

I can assure you its gennuine.There will be a claim number and a password to enable you to do everything vis a vis MCOL online.

 

 

 

Andy;)

[dannster]

Hi all

 

I just thought I'd update you on what happened, so here's my defense:

 

The Claimant states in the particulars of claim that the Claimant and the Defendant entered into a credit agreement regulated by the Consumer Credit Act 1974. The Defendant disputes that this is the case as the Defendant was below the age of eighteen at the time the Agreement between the Claimant and the Defendant was entered into. The Defendant did not breach any terms of the Agreement entered into

between the Claimant and the Defendant for the provision of banking services not regulated by the Consumer Credit Act 1974 and the full amount being the subject of the claim by the Claimant constitutes charges levied by the Claimant in breach of the said Agreement.

 

Claim status

A claim was issued against you on 1 December 2008.

Your Acknowledgment of Service was received by the Court and processed on 19 December 2008.

Your Defence was received by the Court and processed on 5 January 2009.

 

I've heard nothing since! Is that a good thing?

[The GodMother]

They say no news is good news.

[dannster]

What I mean't to ask is what happens now? It's almost been a month since they processed my defense and I'd just like to forget about it now.

[The GodMother]

they are waiting on the claimant to say what they want to do next. Do they want to procede with the case or drop it?

 

they have 28 days so i would ring the courts and talk to them as u may have to fill a AQ out.