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I got a letter from Capquest/equifax which was a court letter saying I had 14 days to respond ect here is what I have done so far
Went online and acknowledged with the court my intentions to ask for information for my defense,
Sent £1 to each Capquest and Equifax asking for the Original documentation regarding the debt and this is what I got back.
"Outstanding amount £1,207.94
We refer to the above matter and your recent request for documentation filed under section 77-79 of the consumer credit act 1974.
Our client has informed us that they are unable to retrieve these documents, however we have been notified the last payment on this account was made in the sum of £62.50 on 16 December 2010, therefore acknowledging the debt and admitting liability for the outstanding amount.
We note that this account was previously defaulted upon 22 April 2005 in the sum of £837.27 and therefor our client is only obliged to keep copies of there records for a period of 6 years from this date, hence the reason these documents are now unavailable.
Taking this into account the above points our client is willing to settle this account and therefor offers a short settlement of £603.97 in order to bring this matter to a swift conclusion."
Ok my issue with this is why have they suddenly halved the debt? is it because without the paperwork of the original agreement they cant take this to court and making it half make me think im getting a good deal? or if I do go to court will I have to pay it all and paying the £603 is in fact a good offer?
Please advise if they are screwed and wont win or should I just pay the lesser sum and avoid court?
Went online and acknowledged with the court my intentions to ask for information for my defense,
Sent £1 to each Capquest and Equifax asking for the Original documentation regarding the debt and this is what I got back.
"Outstanding amount £1,207.94
We refer to the above matter and your recent request for documentation filed under section 77-79 of the consumer credit act 1974.
Our client has informed us that they are unable to retrieve these documents, however we have been notified the last payment on this account was made in the sum of £62.50 on 16 December 2010, therefore acknowledging the debt and admitting liability for the outstanding amount.
We note that this account was previously defaulted upon 22 April 2005 in the sum of £837.27 and therefor our client is only obliged to keep copies of there records for a period of 6 years from this date, hence the reason these documents are now unavailable.
Taking this into account the above points our client is willing to settle this account and therefor offers a short settlement of £603.97 in order to bring this matter to a swift conclusion."
Ok my issue with this is why have they suddenly halved the debt? is it because without the paperwork of the original agreement they cant take this to court and making it half make me think im getting a good deal? or if I do go to court will I have to pay it all and paying the £603 is in fact a good offer?
Please advise if they are screwed and wont win or should I just pay the lesser sum and avoid court?
It is truly shocking what these 'companies' tell Litigants in Person.
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