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Capquest CC Claim

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  • #1

    Capquest CC Claim

    I hope someone can give me some help or guidence, around 6 months ago I received a claim for an old Lloyds credit card for the value of £10k I issued a defence to this by requesting proof the debt was mine. Cap quest withdrew the court claim and sent me a separate letter advising that they would provide the info, after a number of months nothing came, however yesterday out the blue I have received a letter from them with statements, signed CCA and direct debit for.

    They have asked me to contact them to arrange an affordable payment, I am unsure where to go with this now. The default should drop off my file in June/July next year so still some time to go.

    Any help appreciated.
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  • #2
    Re: Capquest CC Claim

    If you are happy the CCA is compliant and you have all the prescribed terms and full inception terms and conditions on the account and have no dispute on the amounts being claimed, then yes it would be a case of entering into negotiation to avoid another court action. As they withdrew the claim as opposed to formally discontinuing then they can bring a new action now they have the documents.

    If you want someone to have a look at the agreement post it up on here (redact your personal details) first
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
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    • #3
      Re: Capquest CC Claim

      Thanks for your reply, I am not 100% sure if this is compliant, I have attached the file for comment and advice so I can decide if I negociate or can hold out longer.

      Thanks
      Attached Files

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      • #4
        Re: Capquest CC Claim

        Just to add to the above, I have been checking my credit file this morning and it indicates that the last payment against this account was October 2008. Would this possibly mean that the debt is now statute barred?

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        • #5
          Re: Capquest CC Claim

          Originally posted by andyb478 View Post
          Just to add to the above, I have been checking my credit file this morning and it indicates that the last payment against this account was October 2008. Would this possibly mean that the debt is now statute barred?
          A debt is statute barred 6 years after you last made a payment or acknowledged it in any way
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          2 of 2 < >

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