Debt Questions forum. General questions on debt issues.

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By vikki75
#464043 Hi I recieved a claim form for a capital one card that defaulted in 2008 but no payments were made since before 2007. Im really stuck on the defence which needs to be in by the 17th feb. I was getting advice on another forum but the thread has gone cold and nobody is answering pms. As I result im starting to panic :(. I have sent a CCA request as per the advice of the other forum. They had untill yesterday to reply but have not.

Please please can anyone help me out

Thanks
Vikki
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By TalbotWoods
#464073 Hi Vikki and welcome

If you have sent a CCA request, then they have failed on one count, also if the LAST payment was made in 2007, then that means the debt will be Statute Barred (unless you have agreed is your IN WRITING).

So your defences that you need to submit on the claim form, are

1. On xxxxx I received the claim form xxxxxx.

2. On xxxx I wrote to them asking them to provide a true copy and correctly signed copy of the alleged executed Credit Agreement under Section 78 of the Consumer Credit Act.

3. I made it clear that this is a requirement under law when proceeding into court. I also made it clear that under the Consumer Credit Act 2006, that this agreement would NEED to be produced if the proceeded to court, further a reconstituted agreement fails to meet the requirement of Section 78.

4. To date they have failed to provide a copy of the alleged executed Credit Agreement under Section 78 of the Consumer Credit Act, thus invalidating this claim.

5. FURTHER I draw to the courts attention the provision under Section 5 of the Statute of Limitations, which states "An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. " I have not made any payment towards the alleged account, nor have I been asked to or have I made any admission of this alleged debt or account in OVER six years.

6. The fact the account is covered under the provisions of section 5, is a fact that it would be fair to assume that both the account holder or any agency acting on their behalf would know, thus invalidating this claim.

7. On both points 4 and 6 I would request the court stay this action, and further I ask the court to instruct xxxxxx to undertake to comply with the law and lay alleged debt to rest permanently.

8. I have for the courts consideration, provide a copy of the letter refereed to in point 2, along with prove that they had received the letter. By virtue that they have signed for the letter, I have not provided them with a further copy


I will add that no matter how good your defence is, on occasions District Judges 'do their own thing' so there is never a 100% defence, but the above goes a damned good way to providing it!

Tim
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By TalbotWoods
#464113 Nope

They had their chance you now submit your defence to the court.