Please Help - Received a court claim form from a 9 year old debt with capital one

[Loren]

Hello,

Hope I have posted in the right place?

First I just want to say what I fantastic forum, so glad I found you. I really need some help from you lovely people, I have no idea what to do and do not have a local CAB - 40mins away

Please and thank you from the bottom of my heart! Any help

or advice

is very welcome.

I have received a letter, Claim form, from 'COUNTY COURT BUISNESS CENTRE' that I have just opened tonight that is dated the 25th Jan 2018 - 14 days to reply. 2 DAYS TO SORT THIS (Panic mode)

from Lowell solicitors, over a debt that I had with capital one almost 10 years ago. I can remember having some debt with Capital one at an address that I lived at 8-9 years ago, I do not remember amount I loaned or owed to them, I have not paid this debt or talked to anyone about it for over 8 years or more This is not the first letter I have received.


The letter reads -

Defendant-
Particulars of claim-
1) The defendant opened a capital one consumer credit account under ref - ++++++++++++on 15/10/2008 ('The agreement')

2) In breech of agreement, the defendant failed to maintain the required payments and the agreement was terminated.

3) The agreement was later assigned to the claimant on 12/3/2015and written notice was given to defendant

4) Despite repeat requests for payment, the sum of £361.61 remains due and outstanding And the claimant claims
A) the said sum of £361.61
B) the interest pursuant to s69 - 8% per annum from the date issues of assignment daily rate of £0.079 limit £28 per year
c) costs

AMOUNT CLAIMED - £390.54
COURT FEES £35
LEGAL FEES - £50
TOTAL - £475.54

The forms include a reply form or I believe I can do this online at .gov-blah ? no clue what to say when I do reply.

Should I contact the courts or Lowell? to try sort this get the debt down or even get rid of it?

Any replies will be greatly appreciated, I have never had such a letter and have no clue if I should reply? I thought after almost 10 years this debt would be gone?

Please help me thank you in advance.

Loren

[nemesis45]

Hi welcome,
Acknowledge claim online NOW! state intention to defend in full.
Follow the instructions in the claim pack to the letter.
You say the debt is 10 years + old, is it on your credit reference files? You can check free online.

When did the account default, and when was the last payment?

nem

[Amethyst]

First Steps
Check your dates
Acknowledge a Claim
CCA Request Letter
CPR 31.14 Request Letter

[Loren]

Hello,

Thanks for the replies.

I have checked my bank statements and had a direct debit set up that I forgot about and last payment was made December 2012 ! So is not statue barred like I thought.


I have contacted Lowell and they have confirmed the same date as me.

If I pay in full to Lowell today will that be the end of it? or will I still need to send the WHITE court papers back to them? any help would be great as I know I have to pay this debt I would rather do this in full.

thank you

[Amethyst]

Personally I would acknowledge the claim, send the CPR and CCA request and look to enter a defence before negotiating with them, and then you might be in a stronger position to settle for say 70% of the debt. You might be able to negotiate now but as things stand you have nothing to lose by ensuring they have the right to claim the debt from you - there wouldn't be any further costs until it got to a stage where a hearing date was booked and hearing fee paid by the claimants, so if you have the money available to settle - put it aside for a few weeks and see if you can get a better deal, pay a full & final settlement on condition they discontinue the claim.

However I completely understand if you just want to pay and get it out of your hair. If you paid in full now you would confirm with the claimant and get a receipt for the payment then they'd enter a response to the court stating the debt has been paid in full and things would go no further.

[jaguarsuk]

If you ask for a settlement figure now it is likely that the claimant will see this as weakness and you'll end up pay near enough the whole amount of the claim.

As Amethyst has said, send them the CCA and CPR Part 31.14 requests and challenge their case. It may be they have everything they need and you'll just be in the same place as you are now. It might also be that they have nothing and you could end up paying nothing as a result.

[Diana M]

If I pay in full to Lowell today will that be the end of it? or will I still need to send the WHITE court papers back to them? any help would be great as I know I have to pay this debt I would rather do this in full.

If you decide to pay the sum claimed then you must head any letter/email 'Without Prejudice' to prevent it being used as an admission of the claim which could land you with a CCJ if they send it to the court.

If you go online to the Acknowledgement of Service section you can tick the box stating you "intend to defend all of the claim" you'll have protected your current legal position. If you have online problems then send back the AOS in the post to the court (NCCBC) not Lowells.

You have 19 days from the claim Issue Date (25th January?) to file the AOS so no need to panic.

Di