CCJ from capquest- Old littlewoods catalogue- claim for£299.99

[sonway]

not checked my CRA file, i have received no correspondence about this debt for a long time, not exactly sure how long and this has come right out of the blue, had nothing in the post or to my landline number or mobile number either.

[42man]

To get closure on this you should send them this letter by recorded delivery - http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

If they continue to harrass you please let us know...

[asm76]

Their get out excuse will be "ooh sorry, we didn't know it was a works number"!

 

The ICO and OFT will do jack unfortunately.

[sonway]

i think i have heard from them but from another collection company

[cerberusalert]

It doesn't matter if you've heard from them, the critical thing is that you haven't acknowledged the debt in writing or made a payment for a period of six years (five in Scotland).

[sonway]

yesterday i received county court papers on behalf of capquest for a debt from Sep 2006, can a CCJ be logged after such a long time? just wondering why they never applied for it a few years earlier?

How do i reply to this, i'm sure i have had contact with them during the last 7 years, i obviously want to fight this!

Thank you

[Sidewinder]

First of all you need to find out when the last payment or written acknowledgement of the debt occurred.

 

You say that the debt goes back to Sep 2006,

but when did you last make any sort of payment?

Or acknowledged in writing that you accepted responsibility for the debt?

 

The Statute Barred clock starts from that time,

so if you have had no contact since Sep 2006,

or if six years have lapsed in any shape or form since the last payment

then you need to defend the claim on the basis that the debt is barred subject to the terms of the Limitation Act.

 

Need to know more detail in order for the experts to advice more precisely

[sonway]

I am not 100% sure when the last contact was, it may be more than 6 years, i really am not sure. i dont know what to do here.

[Sidewinder]

The best way to approach this at this stage would, I think, be to firstly acknowledge the claim online and signal your intention to defend the entire claim whilst you work to establish when the last payment was made and to whom.

 

I will move this thread to legal issues since you have received Court papers

[dx100uk]

what is the original debt all about please?

 

have you looked on your credit file?

 

they might have slipped in a phantom payment?

 

dx

[Sidewinder]

Agreed. Who was the original creditor? Have you asked for a copy of the credit agreement via a CCA request?

 

Can you type up the Particulars of Claim word for word (without including any personal details, account numbers etc)? Is this a real claim form (ie stamped and issued under a court seal) or just an intention to file a claim?

 

As DX says, have you checked your credit file?

[sonway]

it is a littlewoods catalogue claim for£299.99

particulars of claim:

 

part only of monies due under regulate credit agreement ******* between Littlewoods finance co ltd and the defendant the benefit of which was assigned to the claimant on 29-Sep-06. The agreement terminated upon the defendant failure to comply with the terms of the agreement.

 

The claimant seeks interest pursuant to section 69 of the county court 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.

[Sidewinder]

Right - so if no payment or acknowledgement was ever made to Capquest, then any alleged debt would have become statute barred some time ago.

 

Have you ever paid Capquest anything?

[dx100uk]

urm...

split claim eh?

 

as its a cat debt

I bet its all PENALTY charges [let/over/letter/phone]

 

though I don't think that will be of much use?

 

dx

[Sidewinder]

urm...

split claim eh?

 

as its a cat debt

I bet its all PENALTY charges [late/over/letter/phone]

 

though I don't think that will be of much use?

 

dx

 

Ah! Missed the 'Part' bit in the PoCs

 

Crafty sods!

[dx100uk]

yes that date is interesting.

 

29/9/6

 

if hes paid nowt to crapest then gameover!

 

dx

[sonway]

it is HL legal collections that have taken this to court

[sonway]

well that is the address i have to send payment to

[sonway]

what should i wrote in the defence box? i am currently completing the defence online and need advice ASAP so i can complete this

[Sidewinder]

No - don't complete the defence at this stage - you only need to acknowledge service which then gives you time to file a defence later.

 

After acknowledgement you will need to set about gathering proof that the debt is SB or if not, then any other grounds on which you can defend the claim. The extra time afforded by the AoS allows you to obtain the necessary documents.

[dx100uk]

so have you ever paid anyone?

 

dx

[BRIGADIER2JCS]

The Credit Files are needed before completeting forms.

[sonway]

i have already filed the defence, i was worried so did it.

[Sidewinder]

Not necessarily the end of the world. Mind telling us what you have filed?

[dx100uk]

hello...........

 

3rd time of asking

 

have you ever paid anyone in the last 6yrs on this debt.......

 

 

dx