Capquest

[fidelandche]

Hi,

Lat year, I posted on here for help with Restons, and a claim for a debt against my partner and a stay was issued against this claim. This claim has now been passed to Capquest and they have applied to our local court for the stay to be lifted. What is our next move on this?

The account was opened in June 2010, the last payment of £1 was in August 2011 and a default notice was issued in April 2012, so my understanding is that this debt is now SB? Is that correct?

In the letter that came today there is a letter from the local court with the date set for the hearing but nothing else from the court about what we need to do next in terms of this debt and also a N244 (copy) and witness statments.

Many thanks

[thedirtyhound]

The debt is not statute barred if a claim has already been issued. There may have been a stay, but that is irrelevant.

[fidelandche]

Ok,if that's the case what do I do next?

[fidelandche]

Feeling concerned about this, as I was under the impression that the debt is SB and so the claim can't go ahead, but based on the reply from thedirtyhound it appears not, so any advice would be helpful.

[Amethyst]

Hiya xxx

When was the claim issued ? Is this the one that was issued in June 2017 ? ( If so, no it won't be statute barred as the claim stops the clock - if you did get it struck out/discontinued though it would restart)

What have they provided documentary wise with their witness statement ? Does their application to lift the stay also request summary judgment ?

[fidelandche]

Hi,

Yes it was the one issued in June 2017. They have asked for a summary judgement and/or an order striking out my wife's defence and for an order for the stay to be lifted.

Documents provided are:

A copy of the signed credit agreement
Terms and conditions
A screen grab of when the debt was sold and when a default notice was sent

A summary of transactions for the last three years uptown 06/17
A copy of the letter sent in 2012 stating that the debt was sold to capquest
Another copy of a similar letter saying that the debt has been sold
Copy of restons letter talking about possible court action in 2017
And four copies of lettetlfrole capquest from this year each one discussing about the CPR request

[Amethyst]

Okay so the hearing has been set -at least 7 days before ( 14 before if possible ) you should get your WItness Statement arguing against the summary judgment in to court and served on the other side.

HOWEVER.... if your defence was entered solely on non-provision of documents and those documents have now been provided you need to go through and see if you do have a further defence to the claim and potentially amend (and if not, consider coming to a settlement )

Did they send an example / template default notice ?
Is the credit agreement correct for Littlewoods from 2010? ( was it an online tick box or a paper agreement ink signed copy ?)

I can't see you've mentioned how much this is for?

[fidelandche]

Ok, the date for court is not until 4th July. The debt is for about £740.
The credit agreement is an online one.
Unable to find the default notice in the paperwork which my wife got today and according to their witness statement a screen shot from the originating creditors computer system showing the issue of the default notice is used to prove that a default notice was sent.

I'm pretty sure that the defence was for not sending documents, but not sure. I can try to see if we still have a copy backed up.

[fidelandche]

The defence submitted was based on the following

My wife not recalling a notice of assignment
My wife denies being served a default notice
A S78 CCA request
A copy of the agreement, T&C's and default notice
That the claim is SB

[Amethyst]

Okay so it's not a massive amount, though I'm sure it feels like a lot, it's not going to be worth engaging a solicitor to argue it really unless you could get a no win no fee type arrangement

( could you settle by installment arrangement under a consent order maybe if absolutely necessary to avoid a CCJ ? )

Would you be able to redact the agreement they have sent pls and post it up?

[fidelandche]

Is it just the agreement needed?
not sure about being able to settle as my wife does not work and has not worked for 20 plus years due to her mental health illness ( she is under services) and is only getting PIP and that's her only income.

[fidelandche]

What about the lack of default notice? With capquest using a screen shot to say that one was issued.

[fidelandche]

What's a consent order?

[Amethyst]

For now, but everything if you can ( just be sure to redact it fully or email it to me admin@legalbeagles.info )

This debt is just in your wife's name isn't it? Throughout the debt chasing process have you at any time informed the creditor/debt purchaser of the health issues ? There's a lot of work being done on Debt & Mental Health at the moment and most of the main debt purchasing companies are really very good and approachable to get debt issues sorted once it is flagged up that someone is vulnerable.

If this did go to a Judgment you could ask for an installment order of an affordable amount ( if that be £1 a month so be it ). But lets see what case you have first before worrying about that.

Considering what you have said about her circumstances, does she have any protection over unscrupulous lenders etc, such as any CIFAS marker on her credit file etc ? It may be worth looking into in the future, you can have it added to your own file so that there are extra checks done before credit can be taken out. I know a couple of people who live with Bi-Polar and other mental health issues, have done so to protect themselves ( https://www.cifas.org.uk/services/id...e-registration )

[Amethyst]

What's a consent order?

It's an agreement that basically says " I'll pay £100 a month and the case will stay on hold in court without a judgment. If I don't pay as agreed, you can have a judgment, and if I do and pay it off you'll withdraw the claim " .... so it avoids a CCJ being awarded and on the credit file. However some companies do charge the £100 fee to lodge the consent order with the court to the defendant. There's some examples here http://legalbeagles.info/forums/foru...-credit-claims so you know what I mean xxx