Court Papers - and no details in my files

Aargle

Hi, guys,

I am wondering if you can advise me. I have recently been contacted by solicitors acting for a debt collection company linked to Capital One. I have left them umpteen messages, but they haven't as yet returned my call. Their most recent letter said that if I hadn't paid the debt by last week, they would send out county court papers, which they have now done.

My issue here is twofold: firstly, I have been through my paperwork from the last 7 years (I keep stuff for seven years before shredding), and have no records whatsoever of ever having a card with Capital One (I did in the mid-90s, but that account is long since closed). It is technically possible - about ten years ago, I suffered a mental health breakdown and exhibited some very strange behaviours: the only thing I could think of, if this belongs to me, is that during this period, I took out a card. I am happy to pay the debt if they can show me that it is money that I owe.

The second issue is that I think, from my reading on this site, that debts are statue barred after 6 years of no contact? If so, can I defend my case based on that fact alone? Or have I misunderstood?

I have left them another message today, explaining it's imperative that they ring me back this afternoon, as I am going into hospital on Monday and will be uncontactable after that for a few weeks at least: but even if they don't, I really need to attend to the court papers today.

I'd be hugely grateful if someone could advise me a) what to do long-term and b) what to do with regard to the papers. Thank you!

rizla_king

Aargle wrote: »

I'd be hugely grateful if someone could advise me a) what to do long-term and b) what to do with regard to the papers. Thank you!

do the first steps here http://www.legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim

register there to get help of defending

Aargle

Thank you so much, Rizla!

National_Debtline

Hi Aargle, welcome to MSE.


It is important to try and reply to these forms within the deadline. The forms need a response within the first 14days (plus you will have several days for postage). If you complete the Acknowledgement of Service form that will give a bonus 14days to respond (so a total of 28days from the Issue date + 2-5days for postage depending on which court they are from - work on 2 days to be on the safe side).

If you wish to defend based on the Limitations Act then you should get some legal advice too. You can have a read about the Limitations Act here. If you are worried that you might not be able to deal with the court papers within these deadlines then try and get someone to help you to do this. (If you don't reply within the deadline you would get a default judgement, which you should be able to argue later but it would be easier to do now). Good Luck


Laura
@natdebtline

sourcrates

Aargle wrote: »

I have left them another message today, explaining it's imperative that they ring me back this afternoon, as I am going into hospital on Monday and will be uncontactable after that for a few weeks at least: but even if they don't, I really need to attend to the court papers today.

I'd be hugely grateful if someone could advise me a) what to do long-term and b) what to do with regard to the papers. Thank you!

Link above from Rizla is recognised as the best way to deal with these court claims.


Don't be waiting for the solicitor to "get back to you", stalling tactics like this are common, they will be of no help to you anyway.
Any further contact should be in writing only.


Follow the advice on Legal Beagles.