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Court Claim - Capquest Investments Limited / Capital One - 11-9-2017

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  • #16
    Well, Restons never replied, nor applied back to the court after I disputed their claim, however, they have recently started reporting a default to my credit file again.

    Are they allowed to do this?

    They've attempted court, but not bothered to take things further - surely they're obliged to drop the matter now - including making further damage to my credit file.

    Comment


    • #17
      As long as the entry is a true record then they can, up 6 years or 5 years in Scotland, dropping a court case is just that :- does not mean alledged monies not owed or written off, they could even sell it on to another Debt Purchaser who may try,, hopefully they do not as many do give up at this stage but no guarantee!

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      • #18
        Thread revival: I've just received the contents of the SAR I requested from Capital One, back in *March*. The envelope is dated 10/07/2018 and includes a copy of the credit agreement, as well as statements for the whole period 2003-2018.

        It also shows that the last payment they received from me was in March 2012 - surely that means they had until March of this year to take any legal action, before it became Statute Barred?

        My credit file still shows defaults from 2013- May 2018 - Can I now write to Noddle to get it removed from my file?
        Or is there a process to follow to tell CapQuest they shouldn't still be applying defaults to my file?

        Many thanks.

        Comment

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        SHORTCUTS


        First Steps
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        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
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        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.




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