Court Claim - Capquest / Capital One - 29-9-2017

[Unregistered]

Received a claim? Yes
Issue Date: 29-9-2017
Amount approx: 1200
Claimant: Capquest
Solicitor: Restons
Original Credit: Capital One

Particulars of Claim:
The claimant claims payment of the overdue balance from the defendants under a contract with the defendants and capital one dated on or about oct 05 2007 and assigned to the claimant on Nov 30 2012

Particulars account no xxxx xxxx xxxx xxxx

Date 15/08/2017
Item default balance
Value 1290

Stat Barred? Yes

Have sent:

Other Info:
I am not 100% certain that it is statute barred.

[Cheekychubster]

Re: Court Claim - Capquest / Capital One - 29-9-2017

How can I find out if this is actually statute barred?

[Cheekychubster]

Re: Court Claim - Capquest / Capital One - 29-9-2017

I have sent the CCA request to Capquest on 5 October but they have not replied. Can anyone help with what I need to do next please?

[charitynjw]

Re: Court Claim - Capquest / Capital One - 29-9-2017

Hi

Did you get proof of posting?
Have you sent a CPR 31.14 request to the solicitors & a SAR to Cap1? (See templates, top of thread....get proof of posting).

[Cheekychubster]

Re: Court Claim - Capquest / Capital One - 29-9-2017

i only sent the cca request to Capquest ( with proof of posting)

[charitynjw]

Re: Court Claim - Capquest / Capital One - 29-9-2017

It would be wise to send the others.

The CCA request....via tracked post? If so have you checked delivery?

Re SB, when was the last time that you (or someone with your authority, inc possible debt management companies) paid into the account or acknowledged it in writing?

[warwick65]

Re: Court Claim - Capquest / Capital One - 29-9-2017

Did you acknowledge the claim and say you were going to defend it?

[Cheekychubster]

Re: Court Claim - Capquest / Capital One - 29-9-2017

Hi. Yes I acknowledged the claim. The CCA request letter was signed for on 6 October. I honestly have no idea when there was aaent last made to the account. It is likely to be SB but I can't be certain. I have changed banks since then and don't have the old statements unfortunately. Am I able to submit a defence based on the fact that they didn't provide the CCA? I am running out of time now to send the other letters as I only have a week before the 28 days is up.

[warwick65]

Re: Court Claim - Capquest / Capital One - 29-9-2017

Hi

Have you sent a Subject Access Request to Capital One?
If not it may well be worth sending one although it does cost you £10 . It should show you things such as when the last payment was made, the date a default notice was sent, the date it was sold.

If that date of 29th Sept is right for the issue date you have until 1st November to get your defence in.

Did you send a CPR 31.14 request?

If not I would do one now asking for the agreement, notice and deed of assignment- that goes to the solicitors with no fee

You do need to make sure that everything is done just so- Restons have no right to be based in what I think of as the North West - they should be in the East Mids where people really are miserable and unfriendly :-) I would go as far as to say Restons are duplicitous

[Cheekychubster]

Re: Court Claim - Capquest / Capital One - 29-9-2017

I will send off the CPR request letter first thing tomorrow.

[Cheekychubster]

Re: Court Claim - Capquest / Capital One - 29-9-2017

So, I have still not received a reply from Capquest. Would should I do now? Can I defend the claim on these grounds?

[warwick65]

Re: Court Claim - Capquest / Capital One - 29-9-2017

You can use one of the templates in the green box amending as necessary.