Capquest threatening bailiff

[armbar]

I recieved a letter from capquest regarding a £1023.81 debt from HFC bank.

The letter states

" Once the litigation process has been instigated and a judgement has been granted,we will enforce the judgement with a Warrant of Execution. A Court Enforcement Officer will be assigned immediately to attend your address as endorsed on the warrant".

I rang them this morning and told them I dispute the debt and will write to them today to request CCA and DOA.

The guy on the phone said, too late mate we're taking you to court and sending the bailiff in.

Can anyone tell me what happens now ? will I have to attend court or will the bailiff just turn up at my house ( which is in my partners name, as are all the items in it ) and demand access.

Thanks in advance.

[pfens]

Hi armbar, send the CCA recorded or special delivery today and don't speak to them on the phone. Any communication with them should be in writing and keep a copy of your correspondance to them. You will probably get a letter back stating the account is on 28 days hold, they will also ask you to supply them with any details/proof of any payments that have been made. My personal opinion on this is that they should have this particularly if they have bought the debt so why get you to do their work for them. With regard to court and bailiff my understanding is that they have to file the papers into court, you will receive paperwork from the court for your defence. If you lost the case and the court produced an order for the bailiff only then anmd not before could they turn up on your doorstep. If what I have said is not correct I'm sure that someone with more extensive knowledge than me will be able to correct it. There are lots of very helpful and friendly people on this site and I hope I have been able to help in some way. Don't panic.

[whats a mook?]

Morning matey, the chap above is right, dont panic!

The reason you shouldn't speak to them on the phone is because these companies tend to make empty bold threats like

"too late mate we're sending the bailiffs in.."

Which contradicts

"Once the litigation process has been instigated and a judgement has been granted,we will enforce the judgement with a Warrant of Execution. A Court Enforcement Officer will be assigned immediately to attend your address as endorsed on the warrant".

In future, I'd advise against verbally pre-warning DCA'S of a CCA request because of the time period in which they must act.

Use the search function and look up Capquest, you will learn quite a bit.

N.B The keyword function won't bring up CAG's nicknames for this company!

[dx100uk]

yep go with that.
just ignore them.
they are a DCA, they have NO POWERS at all.
just human telephone chasers.

i'd be inclined to fire of an harrassment letter if it does continue.

see the links in my sig below.

dx100uk

[armbar]

Thanks for the quick reply

According to the guy from capquest, they had a payment from me in 2004 so this will prove the debt is mine regardless of whether they can produce a CCA or not.

[armbar]

Thanks all, am feeling better about things now.

[djdave]

Originally Posted by armbar

According to the guy from capquest, they had a payment from me in 2004 so this will prove the debt is mine regardless of whether they can produce a CCA or not.

Nope, that just proves you gave them some money three years ago.

My dad gave me £50 for my birthday, doesn't mean he owes me anything else

[whats a mook?]

The fact that you paid them is not an acknowledgement of the debt.

[scouser9]

Hi Armbar,
The payment they received from you in 2004 does not prove the debt is yours by default.
What that proves is that under duress and threatening tactics from them you paid them this money to leave your premises as you were frightened.


This is only my own take on the matter.

Mikey

If you find this useful please click on my scales thanks

[PaulW922]

Armbar

This is a disgraceful thing to say - but par for the course for a DCA.

I agree with the posters above - you don't need to worry yet. Remember that even if they take you to court they cannot just 'send the bailiff in'. They must issue proceedings, after acknowledging receipt you get 28 days to prepare an explanation as to why you believe the claim is wrong, it can then go to a hearing before the district Judge and then, and only then, can they ask for the bailiff and only if they get judgment. Even if they do you can ask the court for time to pay (£x a month) and if court says 'es' to that it is legally binding - no bailiff.

And of course if they do not comply with your cca request you can ask the court to strike out any claim.

[gizmo111]

Originally Posted by PaulW922

Armbar

This is a disgraceful thing to say - but par for the course for a DCA.

I agree with the posters above - you don't need to worry yet. Remember that even if they take you to court they cannot just 'send the bailiff in'. They must issue proceedings, after acknowledging receipt you get 28 days to prepare an explanation as to why you believe the claim is wrong, it can then go to a hearing before the district Judge and then, and only then, can they ask for the bailiff and only if they get judgment. Even if they do you can ask the court for time to pay (£x a month) and if court says 'es' to that it is legally binding - no bailiff.

And of course if they do not comply with your cca request you can ask the court to strike out any claim.

Almost absolutely correct.
At any hearing if the court issues judgement then you can make an offer to pay on what you can afford - only when you default on thes arrangements can they seek further enforcement. No court will make you pay more than you can afford.
After issuing proceedings you have 14 days to acknowlege and state your intention to defend and then a further 14 days to submit defence - so 28 days from date claim deemed issued.
ANd as stated above if they cannot produce the agreement then they have no case anyhow.
Have they already issued proceedings are just threatening.
Re the last payment - all this proves is that you paid 3 years ago and cannot claim that the debt is statute barred.
Let us know how you get on and any problems just shout - we are here to help.
And most of all don't worry.

[ODC]

It really is a pity that the law does not force these companies to record all their telephone calls with the people they are ringing.

[armbar]

Just want to say I really appreciate all of you taking to time to offer advice.

It's weird how the mention of Court action & bailiffs can cause real worry but i suppose these people thrive on it.

Another quick point, the letter was dated 06 March and said i had untill 08 March to pay up or go to Court !!! i only got the letter on the 8th-pm, how's that for unreasonable ?

[ODC]

Originally Posted by armbar

It's weird how the mention of Court action & bailiffs can cause real worry but i suppose these people thrive on it.

Its a tactic designed to scare you.

Originally Posted by armbar

Another quick point, the letter was dated 06 March and said i had untill 08 March to pay up or go to Court !!! i only got the letter on the 8th-pm, how's that for unreasonable ?

Another ploy to rush you into doing something rash

[pfens]

par for the course with them I'm sorry to say

[crinanjon]

im in exactly the same position. i requested a cca from capquest on Jan 10th. they have not sent one and keep threaten the bailiffs.
as far as im concerned they can go swing cos i aint paying them a penny without the cca.

[armbar]

Surprise ! i've had no reply from capquest at all so i'm in the same position as you crinanjon.

Silence is golden i guess...