Need help badly :(

[AnxiousEm]

Hello All

I really have no idea what I am doing and am having a heart attack over a claim form I received in the post today.

An old simply be account that I forgot existed seems to have found its way back into my life. I knew I had debts but they seem to be passed around so often I lost track and decided to hand all my known debt over to kensington finance last month. Some how, I managed to miss this one and as I was following the advice I received of kensington to ignore debt letters, I took no notice of it until today. When I called kensington, they said I hadn't included it as a debt.

I have been sent a claim form for County Court. My debt is for £2870.90 from Simply be. I have been given no information about when this account was taken out, what is interest and what is the original money I owed. Nothing. Just that I owe this money and I have 14 days to respond.

I haven't used simply be for Years!! I don't even have an idea of when I would have taken this account out. I am paying on another simply be account right now too. Hate myself so much.

I really don't know what to do!
Please help.

[CleverClogs]

Re: Need help badly

I really have no idea what I am doing and am having a heart attack over a claim form I received in the post today.

Left untreated, the myocardiac infarct should resolve the debt problem - your heirs can tell them to get knotted.

My debt is for £2870.90 from Simply be. I have been given no information about when this account was taken out, what is interest and what is the original money I owed. Nothing. Just that I owe this money and I have 14 days to respond.

OK - you need to acknowledge the claim, which gives you time to submit a defence.

Who is actually suing you?

I haven't used simply be for Years!!

How many? The debt may be statute barred.

I don't even have an idea of when I would have taken this account out. I am paying on another simply be account right now too.

How many accounts did they allow you to open?

[AnxiousEm]

Re: Need help badly

Cleverclogs, thank you so much for responding.

Capquest Investments Limited are the people who have put the claim in against me for JD Williams

I checked my very old emails with my very old catalogue registrations and someone managed to find that I opened this catalogue on 14/08/2005 thought I am unsure of when I last made a payment on this account.
I had 3 other debts with JD williams, one is fully paid off, one I am paying £25 a month to and another than I received a letter about within the last few weeks that I had been making payments on but stopped due to the fact that I am turning my debts into Kensington Finance for debt consolidation.

I have no idea what the original total is for this debt as I have had NO contact about it for ages. I stupidly assumed that it was one that I had paid off so never chased it up. I am almost scared that I have debts I don't know about still floating around ready to bite me in the butt.

I received no letter warning me about this action. I open ALL my mail though I will admit to throwing away threatening letters. I had massive debts with rent etc and have since sorted out all my immediate debts such as rent, council tax and a bank debt. I saw these catalogue debts as less important but was finally in a place to deal with them, so had contacted kensington.

I have been so stupid by just burying my head in the sand and making payments in the past to just make it go away. I need this to stop. Its making me ill.

Where do I go from here? Is there any way I can stop this going to court by making a payment play with capquest personally rather than via court? Would I be forced to pay massive chunks all at once if I admit to this debt and it goes through the courts?

I am married but we do not share our finances. He pays the big bills like rent etc now, and as I am part time at work, I pay for food and towards fuel. Will they take his earnings into account?

Thank you xx

[AnxiousEm]

Re: Need help badly

Just an update. I phoned JD williams and they confirmed that My account was open and unused since 2005. My total balance was 2441.67 but the only proof hey have of the goods purhcased was that of £71. The opening date of the account capquest have is from 2008. Does this make any difference?

[charitynjw]

Re: Need help badly

Can you confirm the last date on which you paid towards/acknowledged in writing the alleged outstanding debt?

[AnxiousEm]

Re: Need help badly

I have no idea when I had or even if I have. :/

[CleverClogs]

Re: Need help badly

Just an update. I phoned JD williams and they confirmed that My account was open and unused since 2005. My total balance was 2441.67 but the only proof hey have of the goods purhcased was that of £71. The opening date of the account capquest have is from 2008. Does this make any difference?

When in 2008?

It may make a significant difference, as an debt that has not been acknowledged in writing or any payment made towards for over six years is statute barred, by section 5 (link) of the Limitation Act 1980.

This means that, whilst the creditor may ask you nicely to pay up, or to appeal to your sense of fair play or your respect for their presumed right to add charges with no reason, they cannot enforce the debt through the courts.

That may be why CrapQuest has chosen to pretend it was opened in 2008 which, if true, would mean the alleged debt was not statute barred.

[charitynjw]

Re: Need help badly

Have you read through our Amethyst's 'what-to-do'?

http://www.legalbeagles.info/forums/...-a-court-claim

If it were me, I would acknowledge the claim form pdq, & then immediately set about getting all the info on which the claimant bases their claim.

As CC has stated above in his inimitable style, they possibly have scant details, & are hoping that you won't do anything, so they can win by default.

[AnxiousEm]

Re: Need help badly

I have no memory of paying on this debt over the past 6 years. I may have. I don't honestly know. Is there a way I can find out?

My account was opened on 25/8/2005 I still have my registration email in a very old email account confirming this sign up date but the account defaulted in 2010

They allowed me to have 3 JD williams accounts.

I phoned JD williams and they also have my sign up date as that and they said my debt is with Lowell and was sold in 2010.

Upon checking my very old email account, I found an email from Lowell saying they own my debt and this is dated 04/03/2013. I never use this email so have never responded to them.

I have no emails or letters from capquest stating that they have purchased my debt. Just this claim form - nothing more.

I have phone Lowell and they said they still own my account and have sent me a letter stating that they own it and that my credit file will say that lowell own it. I checked this and this is true.

If I use that capquest do not own my debt, its enough to get it thrown out, right?

[charitynjw]

Re: Need help badly

Hi AnxiousEm,

Can you post (scan if poss) the claim form that you have received?

If you can, please anonymise it (but do not deface the form; just cover over your personal details).

If not, then could you post up who the claimants are, whose address do documents, payments go to, & what do the particulars of claim say.

If this is a court claim, you will need to respond asap.

[AnxiousEm]

Re: Need help badly

Its a claim form from Northampton court.


The claim is for the sum of 2.175.90 in respect of monies owing by the defendant on credit agreement held by the defendant with JD williams ltd under account number ____ upon which the defendant failed to maintain payments.

A default notice was served upon the defendant and has not been complied with.

By virtue of sale agreement with JD williams & company ltd and the claimant, the claim vested in the claimant who has genuine commercial interest. The defendant has been notified of the assignment by letter.

I have tried to register online to defend but my password is not recognised.

[mike123]

Re: Need help badly

I have tried to register online to defend but my password is not recognised.

Follow these instructions:

Originally Posted by doomsday
Big hello to all on this thread,
I have had same problem with missing password on claim form, I phoned Northampton bulk centre and was told they accept a scanned image of the completed document sent as an e-mail attachment,
Send to ccbcdefendants@hmcts.gsi.gov.uk with the claim n'o and acknowledgment of service written in the subject heading.
They also would accept by way of a statement of acknowledgment wrote in the same format as in claim pack. (room for error on this so i completed form and scanned etc)
You will get a confirming e-mail that they have Received almost immediately.
Hope this info helps


Also the statute barred date goes from either the date of the last payment made or the last time you wrote acknowledging the debt. As you have said you have never responded to them, it could be worth trying to find when you last made a payment. Maybe take a look at your credit file?

I need this to stop. Its making me ill. Where do I go from here? Is there any way I can stop this going to court by making a payment play with capquest personally rather than via court? Would I be forced to pay massive chunks all at once if I admit to this debt and it goes through the courts?

Firstly calm down, you're not the first to get in debt and won't be the last. I'm going through a claim myself. The guys on here will give you great advice on how to defend the entire claim. Don't go trying to set up any sort of payment plan, as then you'll be acknowledging the debt. Worst case scenario is you'll have to fill in the means form and they'll take a small monthly amount but you will have a CCJ on your file for 6 years. However I'm pretty sure these guys might be able to help you before it gets to that! :thumb:

[charitynjw]

Re: Need help badly

The claim is via Northampton, which is a bulk processing center.

As soon as you acknowledge it, it will then be passed to your local court.

We do need to know the actual claimant, And if different the name/address of the nominated person or company which any documents/payments are made.
This info is on the court claim form.