Capquest v davywavy 22/1/16

[davywavy]

Hi

I have received a claim form stating the following:

BY AN AGREEMENT BETWEEN MBNA AND THE DEFENDANT ON OR AROUND 18/6/2007, MBNA AGREED TO ISSUE THE DEFENDANT A CREDIT CARD. THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE AND THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. THE CLAIMANT THEREFORE CLAIMS £3000.

I have read and re-read thread after thread and am now looking to see if I understand!

I have received a claim form out of CCBC, relating to a credit card debt, to which I've responded with the AoS.

I am considering a statute barred defence.


The last payment I made was in November 2009 and I have not acknowledged anything since.


I have the credit card statements from November 2009 to March 2010.


The outstanding balance on the March 2010 statement is the exact amount being claimed.


The only entries between November 2009 and March 2010, apart from my last payment in Nov 2009, are for interest and late payment fees.

It would seem from the evidence that I have that a SB defence should hopefully succeed.

Could someone please advise if this makes sense and if so the wording I should use?


Also, should I include the credit card statements as appendices?

Thanks for your help.

[nemesis45]

Re: Capquest v davywavy 22/1/16

Hi

I have received a claim form stating the following:

BY AN AGREEMENT BETWEEN MBNA AND THE DEFENDANT ON OR AROUND 18/6/2007, MBNA AGREED TO ISSUE THE DEFENDANT A CREDIT CARD. THE DEFENDANT FAILED TO MAKE THE MINIMUM PAYMENTS DUE AND THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT. THE CLAIMANT THEREFORE CLAIMS £3000.

I have read and re-read thread after thread and am now looking to see if I understand!

I have received a claim form out of CCBC, relating to a credit card debt, to which I've responded with the AoS.

I am considering a statute barred defence.


The last payment I made was in November 2009 and I have not acknowledged anything since.


I have the credit card statements from November 2009 to March 2010.


The outstanding balance on the March 2010 statement is the exact amount being claimed.


The only entries between November 2009 and March 2010, apart from my last payment in Nov 2009, are for interest and late payment fees.

It would seem from the evidence that I have that a SB defence should hopefully succeed.

Could someone please advise if this makes sense and if so the wording I should use?


Also, should I include the credit card statements as appendices?

Thanks for your help.

Hi Welcome to LB,

OK.

AOS done X
Intention to defend done X

Do you know the date the account was defaulted? you can check Noddle Free Online.
This could be close run Crapquest are saying the date the account fell into default ( default date)
starts the 6 year clock ticking.

What is the issue date on the N1 claim form?

nem

[NWHC]

Re: Capquest v davywavy 22/1/16

Hi
Just to warn you I suspect that this will not be SB
It may depend on the wording of the contract as per what national debt line say.

It really is not up to Capquest to say when the Statute barred date starts, it is up to the court

You made the contractual payment in November so when was the next contractual payment due . sometime in Dec or maybe early january
Some credit card agreements (capital one being a case in point) say they will then give you a further 30 or 60 days before they will demand payment in full and then they need to issue a default notice or another letter demanding payment in full.

I hope I am wrong

lets hope that a) they can not produce the agreement , quite common I think with MBNA or the terms for default are favourable to you

My gut feeling is that they have reached you just in time

[davywavy]

Re: Capquest v davywavy 22/1/16

Hi guys

Thanks for your responses. The Claim form is dated 22/1/16. The default date is 15/3/10. My next payment was due by 12/12/09. My statements showed late payment fees between Dec09 and Mar10.

[NWHC]

Re: Capquest v davywavy 22/1/16

I think SB is an argument you may well lose however I have just been looking at the MBNA agreements in the library and it seems that they can terminate without notice.

Did you ever receive a default notice and if so do you still have it ?
It is clutching at straws to be honest but maybe it does not meet the standards required

Sorry I do not like being so negative

[nemesis45]

Re: Capquest v davywavy 22/1/16

Hi guys

Thanks for your responses. The Claim form is dated 22/1/16. The default date is 15/3/10. My next payment was due by 12/12/09. My statements showed late payment fees between Dec09 and Mar10.

Hello Davy.

From what you have said this is not statute barred close call though.

nem