Capquest legal action, advice needed?

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I took out an account with Littlewoods in 1998. I had a perfect credit score and never made a late payment. In September 2008 I ordered some Christmas presents for my children, it wasn't until Christmas day that they were opened and we saw how damaged they were. Littlewoods said they were not responsible as I should have noticed within 30 days of receiving them, this wasn't the case as I can't open presents that I've specially bought and they knew this. A lot of arguing later, they refused to let me dispute the debt, I was paying them £120 a month for items that were badly broken.

A lot of the items they sent were also ''lost'' in transit, they were put down as 'delivered to bin' or 'thrown over back wall' which was not a safe place, they refused to refund those items either.

I went to Stepchange when I lost my job and set up a payment plan of £10 a month with them for 2 years, so I was paying off £10 and they would not freeze the interest so they were adding on a £25 late payment fee (failure to clear the balance outstanding) despite me paying on time and interest. 2 years passed and I was still in a bad situation financially so I said could I pay £30 a month, they said no we want £120. I couldn't do this, they wouldn't send me a paper bill etc and wouldn't accept that payment from me.

It got to the point where they were ringing me 19 times a day and bombarding me with letters, I had to cut all contact with them and I ignored them. Eventually after a year, in 2013, they passed the debt to Lowell, I explained what had happened to Lowell and how I was disputing the debt and they passed it back to Littlewoods, Littlewoods were not interested and wouldn't let me dispute it and I haven't heard from them since until now.

Yesterday I received a letter from the business court stating that Capquest have bought the debt from Littlewoods and are taking me to court for the sum of £2600 (I only ever spent £500 with them, the rest is interest). I phoned Capquest's solicitors who told me that they have sent me a letter 4 weeks ago telling me that I will face legal action if I do not pay, I didn't receive this letter and they refused to provide proof of postage as I am not their client.

I'm now left in a total mess, I don't have the money for this and even if I did, I wouldn't agree to pay it anyway. I'm just wondering what can I do? Capquest are a company that recover debts and have bought it from Littlewoods, I thought it was illegal for them to default my credit report as they are not the original but apparently they have done anyway.

What can I do? I'd just like to know where I stand really, I don't want it to go to court and with working full time, I honestly don't have the time for it. Sorry it's a bit of an essay, Citizens Advice have told me that there isn't much I can do as the debt is 4 years 7 months old and not 6 years. Any advice is appreciated, the court have given me 14 days to reply to them with my income and they will forward it to Capquest.. this all seems very wrong to me. Capquest have also said now they have started legal action, they won't stop it. Why do Capquest need my income if they have told me they aren't interest in dealing with me anymore?

I have no debt, this is the only bad thing on my credit rating and they have honestly crippled it. I do suffer with anxiety and the thought of physically going to court is scary enough as it is, I've been told by Citizens Advice that a hearing would be held but I would not need to attend, is this true? I have also sent Littlewoods a subject right to access to find out if they have a contract as I am sure I never signed one, I only placed orders over the phone.

Comments

  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 23 June 2017 at 4:25PM
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    Hi,

    Get a CCA request banged in straight away, (not a subject access request) that will put everything on hold.

    Little-woods were notorious for not getting signed credit agreements, so its highly likely they wont have the correct paperwork.

    Have you actually received a claim form ?

    If so you must respond to it.

    You dont go to court, its all done online and by post, if all else fails, you wont have to pay more than you can afford.

    Capquest are the new owners of the debt and have all rights and privileges the original creditor had.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • 1303Jay
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    I received a claim form from the court with two different pages, one of them wants me to admit full fault to the debt and send all details of my wages etc, the other form basically wants me to write why I don't agree to the debt. I've submitted a CCA request too but I really don't think they have a signed agreement from me, I have been asking them for years and they've ignored all letters. Thanks for your reply
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Good, your doing all the right things.

    You will be best served popping over to legal beagles and getting advice on how to defend the claim there :

    http://legalbeagles.info/court/

    They will be able to guide you step by step.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi 1303Jay

    There are a few things to clarify here with the court action. Normally a hearing will only be held if you enter a defence. If you choose to admit the debt and make an offer of payment it will be a case of completing the N9a admission form and sending it to the return address. This is not the court but usually the claimant, or their solicitor. The N9a asks for details of your income and outgoings and an offer of payment towards the debt. This information must be provided for the claimant (and subsequently the court if the claimant refuses your offer) to decide whether your offer of payment is reasonable.

    I understand that you don’t want to pay the debt, and I can see why, however you will require legal advice if you intend to enter a defence. A hearing will usually be held and if your defence is not successful costs can be added, leaving you with a bigger debt. It is going to be for a judge to decide if the issues with Littlewoods mean you should not be liable for the debt.

    If you want to admit the debt you have 14 days from the date of service to return the N9a. You can find the date of service on the court paperwork. If you want to defend the claim and need more than 14 days, you can return the acknowledgement of service to the court and the time limit will be extended to 28 days from the date of service. The acknowledgement of service must be returned within the first 14 days, and if the claim was made online you are allowed to reply online. Good luck.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • fatbelly
    fatbelly Posts: 20,492 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
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