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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.
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.
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