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Court Claim - Capquest Investments / Lloyds - 24-11-2014

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  • Court Claim - Capquest Investments / Lloyds - 24-11-2014

    Received a claim? Yes
    Issue Date: 24-11-2014
    Amount approx: 12,225.00
    Claimant: Capquest Investments
    Solicitor: Drydens Fairfax
    Original Credit: Lloyds

    Particulars of Claim:
    1. Claim for the sum of £12225.53 in respect of monies owing by the defendant on a credit ageement held by the defendant with LLoyds Banking group.

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

    3. by virtue of a sale agreement between Lloyds banking group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.


    Stat Barred? Yes

    Have sent: Acknowledged the Claim

    Other Info:
    before I received the claim form (approximately 6 weeks), I received a letter chasing a debt out of the blue after 6 years from Capquest. I wrote to them asking for proof of the debt, ie a signed agreement by recorded delivery sending them £1. I never got any response for my letter which included Sections 77-70 of the CCA 1974 agreement.

    In my defence to the court, I have outlined I have received no agreement and that I dont acknowledge this debt.

    I have not put in my defence that it is statute barred, I am awaiting to see if Drydens Fairfax will respond to my defence so far - they have up untill Jan 25th or the claim will become 'Stayed' the court have told me.

    Have I done this correctly so far?

    The debt relates to a Halifax credit card I stopped paying in March 2008 when I lost my job and I heard nothing after that time until September 2014 when Capquest sent a letter saying I owe this money and I responded as above.

    I am wondering if I will be able to play the statute barred card going forward... assuming Capquest will reply to my defence.
    Tags: None

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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.
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