Recieved 2 Claim forms

[MrMRJ]

Hi,

I posted this in the welcome forum by mistake.

My partner recieved 2 claims forms yesterday, which we believe are older than 6 years.

I just need some advice on what to put in the defense section on the claim form. There are lots of templates to send to creditors regarding old debts, but I am unable to find anything is repsonse to a claim.


Thanks
MRJ

[charitynjw]

Is it not too late to be applying for these. It does appear the have supplied all the account information in their application to strike out our defence.
Nope....it isn't too late until 'the fat lady sings' (ie until there is a CCJ)
In fact, it could protect your legal position.
& all for the princely sum of £1.00 + postage

My partner is going to contact Citizens Advice to see what they say. In the meantime I am going to draft a letter, asking them to make an offer of final settlement for this.

I dont think i should offer an amount at this stage but let them suggest an amount.

From anyones experience what setllement figure could i expect to achieve from a £2,700 claim.

Thanks

Just make a cheeky offer....worst way, they say no.
If it were me I'd head it 'Without prejudice'.

[MrMRJ]

I would suggest another CCA request is sent to Arrow (They will be the actual debt purchaser (aka assignee.); Capquest are probably 'managing' it on their behalf.)
The CCA request needs to be sent to the actual assignee.
A lot can have happened in the interim. (Lost docs?)
& it's probably the best value for money £1 you'll spend in the foreseeable future.

& a SAR to Shop Direct for all data pertaining to [their ref no, not Arrow's].

Appologies for the late response.

Is it not too late to be applying for these. It does appear the have supplied all the account information in their application to strike out our defence.

My partner is going to contact Citizens Advice to see what they say. In the meantime I am going to draft a letter, asking them to make an offer of final settlement for this.

I dont think i should offer an amount at this stage but let them suggest an amount.

From anyones experience what setllement figure could i expect to achieve from a £2,700 claim.

Thanks

[charitynjw]

Thankyou for your response.

They did if my memory serves me supply a copy on the credit agreement however it was un-singed.

This time they what the claim to be all payments on the account. My argument is that I genuinley dont believe the dates they have supplied are correct, the reaosn being is that we moved house at the end of 2011 and we did not have this account at the new house. And looking at the screen image i attached above makes me even more suspicous that they are up to no good as they have dates we have not even reached yet.

My issue here is who do i respond to? The court, or the solicitor to raise the issue of the dates?

Thanks

I would suggest another CCA request is sent to Arrow (They will be the actual debt purchaser (aka assignee.); Capquest are probably 'managing' it on their behalf.)
The CCA request needs to be sent to the actual assignee.
A lot can have happened in the interim. (Lost docs?)
& it's probably the best value for money £1 you'll spend in the foreseeable future.

& a SAR to Shop Direct for all data pertaining to [their ref no, not Arrow's].

[MrMRJ]

Did the previous bunch ever respond to the CCA request?

(& could you clarify which one we are dealing with.....there were originally 2 claims.
I plead 'dozy' until I've had my morning shot of caffeine!)

I'm guessing this was stayed?

Thankyou for your response.

They did if my memory serves me supply a copy on the credit agreement however it was un-singed.

This time they what the claim to be all payments on the account. My argument is that I genuinley dont believe the dates they have supplied are correct, the reaosn being is that we moved house at the end of 2011 and we did not have this account at the new house. And looking at the screen image i attached above makes me even more suspicous that they are up to no good as they have dates we have not even reached yet.

My issue here is who do i respond to? The court, or the solicitor to raise the issue of the dates?

Thanks

[charitynjw]

Did the previous bunch ever respond to the CCA request?

(& could you clarify which one we are dealing with.....there were originally 2 claims.
I plead 'dozy' until I've had my morning shot of caffeine!)

I'm guessing this was stayed?

[charitynjw]

Is this forum still active?
Yep....dozy but still active!

I have to respond by the 15th May, so if anyone could advice is would be appreciated.

Thanks

I'll have a read back & try to get others on board.

Apologies for having missed your recent posts.

[MrMRJ]

Is this forum still active?

I have to respond by the 15th May, so if anyone could advice is would be appreciated.

Thanks

[MrMRJ]

Just following on from my previous email. Here is 1 of the discrepancies I have with their evidence.

In the attached photo showing the account you can see near the top "DSOLD" which I can assume means Debt Sold follwed by the date it was sold on.

However further down where actions appear to have taken place, such as Default notice issued...etc. You can see the dates here are all later this year.

Which to me suggests someone has been changing dates. Now I may be clutching at straws a bit here, but if they indeed do indicate dates where actions have been taken, clearly someone has been a bit naughty. So if this has been changed whos to say the payment dates also provided have not been changed as well to make it appear the account was being paid on in 2013?

Again may be a long shot but something does not add up.

[MrMRJ]

Hi All,

So this has reared its ugly ahead again and I would appriciate any advice on the best way forward

In this i refer to Claim 1 as in the original post.

Recieved a letter today from Capquest with cover letter informing us of change of solicitor, and now is being dealt with by thier specialist in-house litigation team. Which looks like is now Arrow Global.

They have also included an application for the defense to be struck out which they say has not yet been lodged with the court as they are keen to give us the opportunity to discuss an affordable resolution to the case.

Now this 'Application' as they call it quite big detailing why the stay should be lifted. The key here is that they have included our payments to the account which indeed do show payments up until January 2013.

Now i am 99% convinced we have not made payments to this since 2011, and as we have now passed January 2019 any payments that would of show on my credit file will no longer be there there. So we unfortunately have no way of checking if that payment happend in 2013 or not.

Before i go into too much detail on the 'evidence' they have provided, as I believe we have no other option now but to pay this. I would appriciate if anyone could advise on what we do next.

The only thing that has made me post here before my parter calls to make a payment arrangement, is the fact that if this evidance was as complling as it appears. Then why have capquest not continued with the case and re-assinged it to Arrow Global?


Thankyou in advance.
MRJ

[Amethyst]

Re: Recieved 2 Claim forms

I would have something prepared just in case. I agree with Warwick naturally, but we see far too many cases debtors thought were statute barred turn out not to be because an account or payment was forgotten. We know that when you start trying to get them struck out they tend to have a last look for the documents, and if they do find something and the case proceeds - you'd risk a CCJ - so in my book, just as a safety net, I'd get my eggs in baskets / ducks in a row so that I am in control if things do go wayward when you apply to strike.

Of course if you are 100% absolutely certain that the claim is statute barred and you're well clear of any argument from them against it being so, you could offer them to withdraw now the case is stayed and look at applying for a strike in a couple of weeks. (I'd definately leave it a couple of weeks at least as the application fee (£255 or £100 depending if a hearing is needed) may be lost if there's a case of late reply and the court having a backlog )

[warwick65]

Re: Recieved 2 Claim forms

So you think we should have an offer as backup even though this case is statue barred?

If you are sure this is statute barred i don't see why you should have an offer but there is no harm in having something set aside just in case they can demonstrate it is not SB

The thought of coughing up when you don't have to appalls me, however sometimes a pragmatic approach is best. For example I have a couple of small debts that if they decided to take action on I may make offers just to save the trouble although those are between 100 and 300 so very different from my current claim of 5K

[MrMRJ]

Re: Recieved 2 Claim forms

So you think we should have an offer as backup even though this case is statue barred?

[Amethyst]

Re: Recieved 2 Claim forms

time bomb....though sometimes they can leave it on hold for months, even years....sometimes it's never picked back up. For peace of mind and get it off the 'things to deal with' list you should ask court to strike it out... but you need to give it a few weeks and write inviting them to continue, re-requesting the documents and offering them opportunity to withdraw before you apply to court to strike out ( if you decide to do that ). Applying to strike out carries an application cost (without a hearing £100 ) but the application can result in them putting you back to the top of the pile and searching harder for documents, but at least it gets the claim dealt with. Personally I'd wait until you are able to make a f&f settlement offer as backup.

I have a current 'stayed' case against me at the moment, well my other half, its been stayed for 4 months now. I think I'll leave it a couple more months before poking the bear as I'll then be able to offer a 50% settlement if poking them suddenly makes them produce compliant documents and proceed with the claim.

[MrMRJ]

Re: Recieved 2 Claim forms

They have 28 days to respond or the claim will be stayed

I would give it a few days and phone the court - maybe Monday

Check the MCOL website and see what it says before you do waste the effort calling them

Thanks. So let's say it stayed then what? Can we do anything to get it thrown out or is it just a ticking time bomb until then decide to pursue it again?