Help - Court defence for statute barred debt by 12/8/10 - what do I do?

[lolpet]

I posted recently regarding a writ received from Capquest on behalf of HBOS. Debt appeared to be statute barred so I sent statute barred letter two weeks ago by recorded delivery to both Yuill and Kyle and to Capquest. (Last action on A/c was August 2004.) To date no reply, so I had to return form to Dunfermline Sheriff Court last Thursday to state that I intended to defend the action, along with payment of £80.00.

I was referred to an earlier post by Oli, in which I saw thatCapquest replied to him within a week to say they wouldn't be taking any further action. This hasn't happened in my case.

I have sent for CCA and SAR, but defence has to be submitted by 12th August. How much information do I need to supply at this stage?

Does the fact that documentation shows that relevant date of last contact would make the debt statute barred and therefore unenforceable in court make any difference?

I desperately need some help to get something sorted out as I am due to go away for a few days next week

[IdaInFife]

you would just use the prescrption and limitations act that was in the letter you sent

[lolpet]

Thanks Ida.

 

I was getting a bit worried. Although I work with paperwork/forms all day, the though of this is tying me in knots. I was in such a mess back then with personal problems as well as money problems that I can't remember now what went on. I lost two stone in weight in just over a month due to stress, and it is all coming back to haunt me all over again. My fault for burying my head in the sand I suppose. I am so grateful for all the help you have all given me here though. I really appreciate it.

 

On re-reading the writ yesterday, I realised that as well as being statute barred the debt is almost double what my credit limit was at the time. I don't know where they found an extra £7000 in the three months since I think I last paid. I am not sure if they have lumped two cards together, but even so it wouldn't have been that much, even including interest.Writ only refers to one agreement, and default notice apparently was issued with this figure. Would it be worth asking for the CCA and SAR anyway, just to see what they come up with? Or am I just giving myself more grief?

[IdaInFife]

what type of action is it?

[lolpet]

It is an Ordinary action.

[lolpet]

Sorry, it is an ordinary cause action.

The writ also stated that I signed an agreement with HBOS in 1999, and copy agreement will be provided with default notice if it goes to court. HBOS were not formed until 2001, which makes me think they don't have the Bank of Scotland agreement, or their statement is incorrect? Should I also put this in the defence? I assume that I deny signing HBOS agreement?

I am annoyed that there has not been a peep out of them since I sent statute barred letter two weeks ago, more than a week before I had to reply to court that I was going to defend, and I am now being forced down the road of preparing a defence for Thursday.

[IdaInFife]

I would just stick to the account being SB for the moment

[lolpet]

Thanks Ida.

Was away for a few days. Just back today.

 

Defence submitted for last Thursday. Now just waiting to see what comes back.

[IdaInFife]

keep us updated

[lolpet]

Success!!

 

When I submitted the defence document I did mention that I didn't sign any agreement with HBOS in 1999 as HBOS didn't come into being until 2001. (only because I was annoyed at all the inaccuracies!) also mentioned that I didn't ever receive any documentation with the outstanding balance mentioned at that time (although I would love to know where the figures came from!!!) I am positive they didn't have anything to back it up.

Under the Plea in law I used the Statute Barred legislation as advised.

 

Today the letter came from Yuill and Kyle saying "our clients have given consideration to proceeding further and are prepared at this stage to have the matter formally disposed of with no expenses due to or by either party" Shame it didn't come before I forked out the £80 to lodge defence tho!

 

I honestly cannot thank you enough. Although money is very tight at present I will make sure that when I can afford to I will be sending a donation to CAG. I would never have been able to go through all this without your assistance.

In the meantime, I intend to use my work-based knowledge to assist others who require assistance on another part of the site. I have 25 years of experience under my belt which I can put to good use!

I had no idea this site existed until I needed help, and am so grateful you were all here.

Thank you, thank you, thank you.

[IdaInFife]

claim back your £80

 

i take it you have not received anything from the court?

 

i am always sceptical about these things as it has been known for some to say this and the person doesnlt turn up on the hearing date and they do!

 

I would write back to yuill and kyle stating that you will constest this as you have expenses of £80 to file a defense and therefore will be seeking to claim that back unless they wish to send a cheque by return and upon cashment would agree to their abandonment

 

ida x