County court business centre

[Jencat]

Hi, I've received a letter from he county court business centre about a catalogue debt, the debt is dated from June the 4th 2010 and assigned to the claimant (capquest) on Feb 1st 2012, is the debt statute barred and how do I go about filling in the aper work.

[nemesis45]

Re: County court business centre

Good afternoon, welcome to LB,
Have you acknowledged service of the claim? If not do so asap at Money Claim Online (MCOL) and state intention to defend all of the claim. Do Not Enter Any Defence at This Stage. This gives you 28 days from the date the claim was issued to file your defence.
Capquest has a portfolio of catalogue debts it's chasing at this time many are very old.

When you say the debt is from June 2010 is this the date that payments ceased completely ?
How much is claimed?

Statute barred in England and Wales = 6 years with no payment and written acknowledgment of the debt, the start of the relevant 6 year period is a point of much discussion so the more info you can give us the easier it will be to advise..

You should send Capquest a request for a copy of the catalogue agreement ( there is a template in the green box at the top of the " court claim " forum. (CCA request) there is a £1 statutory fee to pay use a Postal Order marked " For Statutory Fee Only" send by signed for post to Capquest at the address on the claim form.

nem
Is it

[Jencat]

Re: County court business centre

The particulars of claim say
the claimant claims payment of the overdue balance due from the defendant under a contract between defendant and shop direct dated on or about Jun 04 2010 and assigned to the claimant on Feb 01 2012 for £2140

[nemesis45]

Re: County court business centre

The particulars of claim say
the claimant claims payment of the overdue balance due from the defendant under a contract between defendant and shop direct dated on or about Jun 04 2010 and assigned to the claimant on Feb 01 2012 for £2140

OK,
The account was opened June 2010, but when did payments cease and when was the account defaulted? It is essential to know this if you are intending to make a statute barred defence.

[Jencat]

Re: County court business centre

I'm not sure, the claim form doesn't give me anymore info and I can't remember

[nemesis45]

Re: County court business centre

I'm not sure, the claim form doesn't give me anymore info and I can't remember

You need to check your credit files Noddle and Clear Score are free online.

nem

[Jencat]

Re: County court business centre

Hi, I've checked my credit report and the date of default is 14/12/2011

[nemesis45]

Re: County court business centre

Hi, I've checked my credit report and the date of default is 14/12/2011

Ok so the debt is not statute barred.

Get the CCA request completed and sent to the claimant at the address on the claim form.

Which solicitor is Capquest instructing ? You should send the solicitors a request made under the provisions of Civil Procedure Rule 31.14 (no)
this is for documents specifically mentioned in the particulars of claim. Which in this case are the Contract and the Notice of Assignment.

Use the template in the green box and send to the solicitors as names on the claim form.

nem

[Jencat]

Re: County court business centre

Reston solicitors limited

[nemesis45]

Re: County court business centre

Reston solicitors limited

OK get the information requests posted asap.

nem