Court Claim - Capquest Investment Limited / O2 ( Telefonica UK Ltd) - 11-8-2017

[pom]

Received a claim? Yes
Issue Date: 11-8-2017
Amount approx: 855.66
Claimant: Capquest Investment Limited
Solicitor: Restons Solicitors Limited
Original Credit: O2 ( Telefonica UK Ltd)

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Telefonica UK Limited dated on or about Mar 01 2010 and assigned to the Claimant on Dec 21 2012

Particulars a/c no - XXXXXXXXXX

DATE ITEM VALUE
29/06/2017 Default Balance 725.66
Post Refrl Cr NIL

TOTAL 725.66

Stat Barred?

Have sent:

Other Info:
I stupidly signed for a mobile phone contract for my then boyfriend. We broke up and he left the country shortly with the phone. I too have left the country due to medical issues in early 2011. My mistake of not keeping all the documentations and dates recorded. Since my return in 2013 I have been ignoring all creditors' letters until this Claim Form.

Extremely worried now. Hope someone could help. Thank you in advance.

[pom]

Re: Court Claim - Capquest Investment Limited / O2 ( Telefonica UK Ltd) - 11-8-2017

Should I just settle the amount, will the court claim be dropped immediately? I can't afford any hiccups as I am planning to purchase my first home in a year or so. Should I carry on fighting even without any form of evidence or supporting documents i.e. the mentioned contract, the date contract signed and etc.??

Please help. Any advice is much appreciated. Thank you.

[pom]

Re: Court Claim - Capquest Investment Limited / O2 ( Telefonica UK Ltd) - 11-8-2017

******bump********

[Amethyst]

Re: Court Claim - Capquest Investment Limited / O2 ( Telefonica UK Ltd) - 11-8-2017

Hi Pom, Sorry your thread has got missed, if you have had nothing to do with this debt since early 2011 you might be statute barred. Do you know how long the original contract was for ? Was your BF still using the phone when he left the country / any idea when payments actually stopped ? ( were you paying it or was he? )

If you settle yes the claim would be discontinued and there'd be no entry of the register of judgments, but the same applies if you pay between now and 28 days after judgment. Benefit of doing it now is you might be able to get a lower settlement figure.

I'd still ask the claimants to evidence their claim though - this letter CPR 31.14 Request Letter

also if there was an actual handset involved on credit terms you might be able to use the CCA letter CCA Request Letter

Have you acknowledged the claim ? If not get that done, just intend to defend in full, then you have 28 days from the date of issue to sort out your defence ( or negotiate to settle )