Announcement

Collapse
No announcement yet.

Debt from 2009, court action 2014, stay until 2019 now application for stay to be lifted

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Debt from 2009, court action 2014, stay until 2019 now application for stay to be lifted

    Hi there

    I am dealing with approaches from DrysdensFairfax (solicitors) and CapQuest over an old alleged debt.

    They have sent me information which claims to be
    - a signed credit agreement to Virgin Money in 2005
    - some photocopied credit card statements flagging up 'default sums' (I'm not sure if this counts as a default letter'
    - a letter of assignment of the debt from Virgin Money/MBNA to Capquest

    DrysdensFairfax wrote to me about this in 2010, then dropped the matter and I did not hear from them again until Dec 2014 (almost 4 years of no contact)
    Then in December 2014 they issued a claim
    I filed a defence (they have sent me a copy of the defence but I don't think it's a full one as I only wrote very briefly on the form I think I will have attached a longer sheet with more details. I tried to log onto MoneyClaim online to find out if this was the case or not but I no longer have my password. The password will have been in the defence pack issued in 2014 but as so much time has passed without my hearing from them and also the debt would be statute barred I have discarded it. I'm not sure how to get it back again.

    Then a stay was put on the claim (I'm not sure who by or what exact date as there isn't information relating to that.

    During From Jan 2015- May 2018 (3 years) I did not hear from them.
    In May 2018 they wrote again
    Then in late Jan 2019 they applied for the stay to be lifted - I wrote to the Court about this but a court date has been set for 1st March 2019.
    Because of this 'cat and mouse' approach I had assumed that the matter was closed and am unprepared to get a defence together so quickly.
    I wrote to DrysdensFairfax saying the case was statute barred (I have not made a payment or acknowledged it in any way since 2009 and my credit file is clear of any defaults/loans/credit cards of any type) but they replied saying that

    'We can confirm that pursuant to section 29(5) of the Limitation Act 1980 there is fresh accrual of limitiation where there is part payment (of any amount) or an acknowlegment made in writing. The 6 year limitation period in relation to this matter therefore dates from the date of the last payment.
    The statements of account exhibited to our clients application to lift the stay and enter summary judgement at page 36 show a cheque payment of £5 made to the account on 11 Feb 2009. As the claim was issued against you on 15 December 2014 this is well within the relevant limitation period and the claim is therefore not statute barrred.

    It seems very wrong to stop and start a case like this after so many years and then to have a hearing so quickly. Is there any way I can ask to have the hearing delayed on those grounds do you think?

    Thanks so much for any insight.

  • #2
    Diana Mayhew best to look at this speciality case?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Hello

      Have you previously sent a s77-79 CCA Request to Capquest or anyone else for that matter?

      If not then that’s something you should do asap.

      The debt may not be Statute Barred but that doesn’t mean you don’t have any other legal arguments to fight this claim.

      Have they made an Application to lift the stay and also an Application for a Summary Judgment? If so have you been served with a copy of the Application and a Witness Statement with Exhibits?

      How much is the claim for?

      I’ll take a look back at your thread tomorrow but please give me a little more information in the meantime.

      Di

      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Thanks so much - I do appreciate it.

        Have you previously sent a s77-79 CCA Request to Capquest or anyone else for that matter?
        Is that a request for a copy of the original agreement?

        If not then that’s something you should do asap.

        If by the CCA you mean the original credit card agreement - they have sent me a one page photocopy from July 2005 (with my old address) but the remaining 5 pages mentioned in the witness statement have my current adresss on it and no signature

        The debt may not be Statute Barred but that doesn’t mean you don’t have any other legal arguments to fight this claim.

        Have they made an Application to lift the stay and also an Application for a Summary Judgment? If so have you been served with a copy of the Application and a Witness Statement with Exhibits?
        Yes they have and yes I have

        How much is the claim for?
        For £9735.07 - originally it was £9225.07 but 'court fees/charges' have been added on

        Thank you.


        Comment


        • #5
          Originally posted by Clemson View Post
          If by the CCA you mean the original credit card agreement - they have sent me a one page photocopy from July 2005 (with my old address) but the remaining 5 pages mentioned in the witness statement have my current adresss on it and no signature
          Were you sent the ‘credit agreement’ in response to a formal s77-79 CCA Request sent in the past together with a £1 statutory fee, or as ‘new’ documentation exhibited with their Witness Statement with the Summary Judgment Application?

          Di

          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Hi could you email Summary Judgment Application and Witness Statement please. to DI

            di@joannaconnollysolicitors.co.uk
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Hi Di,
              Were you sent the ‘credit agreement’ in response to a formal s77-79 CCA Request sent in the past together with a £1 statutory fee, or as ‘new’ documentation exhibited with their Witness Statement with the Summary Judgment Application?

              The latter (ie just recently as 'new' documentationwith the Witness statement and Summary Judgement Application - I might have had it before in response to a formal request, but I very much doubt it. It was so long ago (ie, either 2014 or 2010) I don't have those records

              Hi Nightwatch, I will do my best to send via email - does that mean scanning all the documents and sending as a PDF or are jpgs ok? many thanks

              Comment


              • #8
                Originally posted by Clemson View Post
                Hi Di,
                The latter (ie just recently as 'new' documentationwith the Witness statement and Summary Judgement Application - I might have had it before in response to a formal request, but I very much doubt it. It was so long ago (ie, either 2014 or 2010) I don't have those records

                . . . . I will do my best to send via email - does that mean scanning all the documents and sending as a PDF or are jpgs ok? many thanks
                If this is new disclosure then you may need to file an Amended Defence. You would need permission from the court to do that unless DrysdensFairfax can be persuaded (put under pressure) to consent to it.

                The first task will be to contest the SJ Application.

                jpgs are fine by me and then I’ll convert them into PDFs. If there are loads of documents you can send them in a series of emails. Include the front page of the Claim Form and your Defence too if you can find it.

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Thank you so much I will get on it first thing tomorrow all best,

                  Comment


                  • #10
                    Did you have PPI on this account?

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      As per No 6 above? have you sent required info to the E-Mail address given by Nightwatch?
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Yes I have thank you and we are in contact, all best,

                        Comment


                        • #13
                          Can anyone suggest a good PDF converter - I have tried one and had trouble with it and would like to find an easier one, thanks

                          Comment


                          • #14
                            just type in jpeg to pdf on search
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #15
                              Originally posted by Clemson View Post
                              Yes I have thank you and we are in contact

                              Yes we are

                              Di

                              Legal Disclaimer

                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

                              Who's Viewing Thread: 1 (0 members and 1 guests)
                              Working...
                              X