Court Claim - Capquest investments ltd / Capital one - 6-10-2014

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hiya there are no charges in the last 6 years the last transaction on the account was 05/05/08

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

In short, it looks to me like your hope that their claim is SB has been scuppered because you have acknowledged the debt in writing.

You have sufficient penalty charges there to offset owing anything, but you've allowed them to become SB now.

In my view your defence now must rest only on the validity of the agreement and what they supply as disclosure in response to your requests.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Ah Ok thanks looks like Ive buggered this right up, guess Ill just have to wait to see if they actually send me anything.
In this last letter they sent me ( letter before action?) it says I haven't told them about any dispute when clearly I have will this help??

[Amethyst]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Well they do still have to produce an agreement to enforce, but it is winging it a little, unless the original is faulty. Seeing the front page you have posted, I know it is very likely they will come up with the Terms and Conditions to go with it. But they do still need to. Sadly I think your dispute on the charges is kerputt now too.

That is a good pre-action letter (compared to most).

You haven't buggered it up, you behaved normally, they just caught up with you.

Looking at it overall I think you don't have a lot of choice but to enter into a negotiation to keep a CCJ off your file. Sorry.

Of course we should still wait to see if they DO send the CCA and go with the usual plan, enter a defence etc, then after they have received that and replied you'll knwo if they have the CCA and if they don't at that point will be in a stronger position to negotiate, it is a little bit of a game of chess in your situation I'm afraid.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hi thanks for all your replies, Ive just found this letter from Capital 1 offering a partial payment of my charges dated 08/11/08 would this be constituted as an acknowledgment of the charges so resetting the date, bit of a long shot I know !

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

I don't see how this could help. The cause of action for the charges date from when they were applied and they have all passed the 6-year point now. Sadly you could probably have wiped this debt out if you had reclaimed those charges at that time and established that there was no debt left. The combination of leaving that claim so long and acknowledging the debt has left you little room to move now.

[MIKE770]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Cap one always offer well below actual amount of any claim as many of us know, so no doubt would not even make a crease in any alledged debt||???

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Ok so it doesn't work both ways then, because I have acknowledged my debt then they can still claim it but if they have acknowledged my claim I cant is that correct?

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Ok so it doesn't work both ways then, because I have acknowledged my debt then they can still claim it but if they have acknowledged my claim I cant is that correct?

Limitation works both ways, but for different reasons.

Your use of Limitation would be to state that their claim is statute barred, if you hadn't paid anything or formally acknowledged the debt for at least 6 years. The problem now is that you wrote to them within that period effectively acknowledging the debt, so if you plead Limitation they would just produce that letter and our view is that a court would accept that as an acknowledgement that started the 6-year clock again in 2009. Providing they file at court within 6 years from that letter you would have no case to claim SB to get the claim dismissed.

From their point of view Limitation would work if you tried to counterclaim for all the charges, but as all of them are now more than 6 years old you have lost that opportunity. Ironically it looks as if the debt was actually cancelled out by all the charges, so had you reclaimed them in time there would be nothing left owing.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Yeah that's what I have been arguing with them about for the past 6 years, I tried to claim my charges back but didn't quite have the balls to take it to court, so even though they've acknowledged my claim for charges within the 6 years because the charges are now over 6 years old there's nothing I can do? I really don't want a CCJ against me for this as the default has just come off and this will add a further 6 yrs of bad credit making 12 yrs for one debt

[Amethyst]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Don't worry we'll try not to let that happen, if it looks like you don't have a case we will say, we're not into pushing people pointlessly into court for our own ends. Currently you can enter a defence based on no CCA, although you know they will likely come up with one at some point, you won't lose anything by entering a defence on those lines and seeing what comes back from it. There is always the opportunity to settle (Tomlin order/instalments at an affordable amount) at allocation/directions stage, and once they send the agreement (If they do) they will probably put that forward to you themselves.

As it stands they have sent you a claim, and no evidence, so stick with it for the moment at least.

If you really don't feel you want to continue then you can make an offer to them now under a Tomlin, they might accept a sensible amount rather than go through the palava of finding the agreement again.

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Ok thanks I think I'll just wait to see what they come up with gotta be worth a shot

[Kafka]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Yeah that's what I have been arguing with them about for the past 6 years, I tried to claim my charges back but didn't quite have the balls to take it to court, so even though they've acknowledged my claim for charges within the 6 years because the charges are now over 6 years old there's nothing I can do? I really don't want a CCJ against me for this as the default has just come off and this will add a further 6 yrs of bad credit making 12 yrs for one debt

They haven't "acknowledged your claim for charges", they have filed a claim because they maintain that you still owe them money, and legally that is correct as it stands. If the charges were still within 6 years you could have counterclaimed for them + interest, which might have cancelled out their claim, or at least reduced the amount of it, but because you have let them all sit there for 6 years that window has now closed.

There is still a chance that they might not be able to produce adequate paperwork and can be challenged on that (see #19). If they produce sufficient to clobber your defence, then you can still ask for a Tomlin Order, which would register a repayment agreement through the courts while avoiding a CCJ on your record. They would be at liberty to get the CCJ and follow it up if you defaulted on the Tomlin agreement though. Lets see what they produce first.

Sorry if this isn't what you hoped to hear, but those are our views of how this is likely to pan out. Sometimes shit happens out:

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

No I appreciate all your help even if it ain't all good news I was just asking if that letter from Captital 1 was an acknowledgment of my claim for the charges as that would be within the 6 years but I guess not. As you say I'll just wait to see how it pans out I could afford to pay a settllement figure if £500 but doubtthey would accept that now

[stevebo]

Re: Court Claim - Capquest investments ltd / Capital one - 6-10-2014

Hi all had a response today saying they have put it on hold for 28 days whilst they obtain the documentation, what do I need to do now ?