Hi there like a lot of things this isn't an answer to a mathematical problem so there is always likely to be more than one approach. 1) Is all the paperwork from Cr@apquest valid. 2) how much are they demanding -- if you can get it down to 750 GBP then NO BANKRUPTCY is possible. * Ensure CCA etc is totally valid and no extra charges have been added --check via sar. I'd tend to ignore CQ's SD -- or at the very least make sure it has been issued in 100% with compliance with the law. A simple posted letter from CQ is NOT GOOD ENOUGH Cheers jimbo

Hi all Of Course don't forget to mention that for things like Council Tax the Bailiff has UTTERLY NO RIGHT to make a forced entry so such things like various threatograms adding huge fees for "Van Fees", "Waiting Time" etc etc are TOTALLY ILLEGAL and are only there to intimidate the recipent who thanks to CAG knows better now and can put an end to this whole EVIL and DISGUSTING business. Most people working for Bailiff Companies such as Rossendales should be JAILED themselves. The way they treat people in the 21st cent is UTTERLY BEYOND BELIEF. Cheers jimbo

Hi all as a regular reader of these Forums it seems to me that in spite of the REALLY DISGUSTING and EVIL nature of the whole debt collecting business some companies really DO deserve to be forced out off business. Now I am in NO WAY suggesting people should avoid paying SOMETHING when they've borrowed money even though Banks etc should not have loaned it out in the first place --but what I am 1000% against is in the dishonest, ruthless and utterly despiccable manner in which the whole debt collection system is carried out. Cr@pquest appear regularly on these forums so perhaps we should concentrate on getting this evil company shut down. So please anybody if you've had any illegal / dubious SD's, invalid or unfulfilled CCA requests or any other sharp practices from this firm do the following: 1) Complain to the relevant OFT. 2) Complain to the Solicitors / Law authority if they send out Solicitors / Court notices 3) Complain to Companies House about their activities in the UK -- this is an OFF SHORE based corporation with NON RESIDENT (for tax purposes) directors 4) Complain to the Inland Revenue that you suspect the directors of this company is avoiding paying UK tax -- especially if you have actually paid anything to these people. After we've seen these off we can progress down through the rest. A concerted effort against one at a time will probably yield better results that trying to shut them ALL down in one go. Incidentally Capquest have issued so many useless SD's at the moment you have to wonder if they even have a death wish themselves. Nobody likes paying back debts - especially when times are hard - but the sheer EVIL nature of these businesses --buying debts for PENNIES in the pound and then hounding people who really ARE in difficulties when the Banks have had billions of OUR money paid back to save THEIR skins just makes the bloood boil. Finally -- of course nobody should use this as an excuse for NOT paying something. All we want is an end to aggressive tactics, impossible interest charges and a realisation that errors were made on BOTH sides (both Lender and Borrower) and the best way forward is to treat the whole thing humanely and realistically. So let's hope Capquest is our first success for 2011. Future targets are LEWIS group, CL finance and the notorious Bryan Carter. Cheers jimbo

Hi there Charging orders of under 5,000 GBP CAN HAVE NO INTEREST added to ithem. If there is interest then perhaps you could go for a set aside as this is NOT ALLOWED. IMO the use of charging orders is grossly overdone since it can take YEARS for an OC to get any money back -- Courts will almost NEVER order a forced sale so your CCJ now becomes "an Interest Free Loan". Do NOT voluntarily allow them to put a charging order on the property though -- make them go through the County Court system -- you could then see if there are PPI / other illegal charges on the loan and get it quashed. If it's valid then just go with the flow. Actually they need to get a CCJ first so you could at the hearing offer 1 GBP a monthy ad infinitum. That should shut them up. Actually it's often a good way now of getting a cheap Full and Final settlement since the Greedy DCA's etc will much rather say they will take 1500 GBP over a few instalments NOW than wait say 30 years or more before you move house by which time the debt will have been reduced so much by inflation etc that it's worth nothing. The whole use of Charging orders for unsecured credit card / other debt is grossly overdone -- but the DCA's never learn do they. Charging unrealistic rates of interest especially to people who are already struggling with debt unfortunately seems to be the norm for this most despiccable of industries -- at some rates of interest debts will NEVER be cleared. Note about Interest on Charging Order .................... INTEREST If the creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if: the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts; or the debt is less than £5,000 in total, even if it is not covered by the Consumer Credit Act. INFORMATION If the debt is more than £5,000 and not covered by the Consumer Credit Act, then interest is set by the court and runs at a standard rate. Cheers jimbo

Hi there Surely it's a FUNDAMENTAL RIGHT in LAW to have evidence either for or against you presented so you can argue the case. If the Council can't provide valid paperwork that you actually OWE the money then surely they can't collect it. It shouldn't be YOUR job to obtain this information. If the Council want what they think is their money then it's up to THEM to prove that you actually owe it and present you with the evidence. IMO it's up to the COUNCIL to obtain data from various archives such as Court Records if they don't hold it themselves. They *might* be allowed to add a "collection fee* for this "service" but if person XXXX says you OWE ME money I want to see "Chapter and Verse" of the agreement / Court record saying that the debt is indeed mine before I'd even THINK of paying anything back. Otherwise as people have pointed out ANYBODY could say you owe me money but I don't have records. Of course we could really make this absurd -- what if I were to reply saying YOU WERE paid but unfortunately my records only go back XXX years -- and YOUR records are obviously at fault. You've obviously LOST my payment. Without a proper paper trail the whole episode becomes just a joke so I'd insist that the Council supply you with evidence of the amount you owe. AS ALWAYS IF BAILIFF'S GET INVOLVED --NEVER EVER LET THEM IN AND HIDE ALL VEHICLES. FOR COUNCIL TAX BAILIFFS HAVE NO POWERS OF FORCED ENTRY -YOU DON'T HAVE TO EVEN SPEAK TO THEM. Cheers jimbo

Hi there First of all request "WHAT DEBT" next request their authority for collecting it if you haven't already done it get off a CCA request. This should buy you some time --meanwhile others can add on what to do to fend these ODIOUS (Lowell group etc) **** off your back. Note also everything in WRITING --no phone calls and with this lot GET PROOF OF POSTING --this firm Lie, steal, cheat and do anything else to try and make you pay up. Cheers jimbo

Hi there In the case of an Overdraft on a Bank current account can Interest STILL be charged when this account is TERMINATED and the Bank demand Payment in Full (which of course in 9999.99% of cases they will never get). The Termination Nlotice states that Interest will be charged daily until the overfdraft is repaid. Is this allowed or is there anything that can be done to stop this. Obviously with Interest being added there is no possibility of this account EVER being paid off. Surely Banks need to get real and only charge what they can realistically get back. Or is it best to FORCE the Bank to get a CCJ / Charging order where Interest will STOP. Credit references don't bother me -- I NEVER want to even SEE a credit card again. Cheers jimbo

Hi there you asked for a CCA from DCA 1 -- they refused and passed the debt on -- NOT ALLOWED --DEBT IN DISPUTE and CANNOT be passed on until its settled. Tell DCA 2 to FOXTROT OSCAR and until DCA 1 comply with your CCA request ANY communication from DCA 2 is PURE HARRASSMENT -- pure and simple and EXTORTION -- demanding Money with threats having NO authority to do so. If DCA 1 CANNOT comply then request them to close the file with CASE SETTLED. THEY CANNOT PASS THIS DEBT ON IF THEY FAIL TO PRODUCE THE PAPERWORK (CCA REQUEST LEGALLY REQUESTED). If more people enforced this ruling we wouldn't get endless chains of debts being passed around like a never ending game of Pass the Parcel. So Go and HANG them by their own "Little Round Objects". Cheers jimbo

Hi there you could always put the properties up for Auction -- OK you'll usually make less than with a private sale but at least the properties should sell and it's a quick process - Completion is usually done within 30 days at THE LATEST. It's usually NOT a good idea to hand back properties voluntariliy -- the Mortgage company can STILL chase you for any shortfall -- however once you've SOLD the properties that's IT and if there IS any shortfall you can tell them to Foxtrot Oscar since you don't have any further assets for them to collect money on even if they were stupid enough to attempt it. This is one of those cases where the LAW says the Mortgage company CAN attempt to recover shortfall but if there ISN'T any then there is no way they can collect whatever the law says. Bailiff's etc won't be any good either since there aren't any seizable assets. Cheers jimbo

Hi there RULE NR 1 with DCA's NO PHONE . ALWAYS IN WRITING. If you have to answer the phone never clear their security -- after all what do these muppets think they are doing --they expect YOU receiving an UNSOLICITED CALL to give out highly personal and confidential information to an unknown 3RD PARTY at the other end of the phone who could be ANYBODY. Even DCA's must surely realize people aren't so stupid these days. Cheers jimbo

Hi there Scotcall are almost the last one in the chain -- they usually get stuff passed to them by Buchanan Clarke and Wells when even they can't collect. These people HAVE ZERO rights to visit your property without a prior appointment which I'm sure you didn't give them. Report to POLICE and OFT. Cheers jimbo

Hi there these muppets will probably pass this on to the next bottom feeder in the chain - SCOT CALL who seem to do nothing but call people 24 hours a day -- With ANY of these DCA's always ask 1) THEIR AUTHORITY TO COLLECT THE DEBT --anybody can say xxx has asked me to collect yyy GBP but unless they prove it then it's just hot air. It's no good them just saying E_ON or whoever have passed this debt for collection. Without AUTHORITY from the original debt owner then it's just idle threats --they've picked up some "debts" for PENNIES in the pound and are trying to collect. 2) Check that the debt is actually YOURS and the AMOUNT is correct -- in this whole EVIL STINKING and IMMORAL industry excessive additional charges are quite commonplace. If you think you want to pay something just offer around 10% for a Full and Final settlement --if they don't accept then just ignore. Note that these muppets have NO REAL POWERS AT ALL -- they only operate by using fear tactics on "their hapless victims". Cheers jimbo

Hi there How on EARTH does the amound go up from around 3700 GBP tpo OVER 6,000 GBP. For starters thats a no no. In any case the amount claimed on the SD is different from the last amount they allege you owe. No wonder this firm is called cr@pquest. You probably could get the entire amount written off due to excessive and unlawfull charges being added --especially when you are just sent BALANCE = XXXX without any indication why it is MORE than the previous balance they sent you. Some of these companies must really think we are IDIOTS -- but THEY are themseves Cheers jimbo

Hi there I think you are still missing the entire point here. OK you can go for the legal stuff BUT IF THERE ISN'T ANYTHING COLLECTABLE WHAT'S THE POINT. All you've done is spend more money pursuing an uncollectable debt. There are times that you just have to accept the fact that no amount of LEGAL processes can actually get your money back if there isn't any to be had from the debtor. Literally ZILLIONS of businesses walk away owing loads of money. Unlike individuals its almost impossible to pursue these companies --especially if they are like one and two man "Under the Railway Arches" types of businesses or "fly by night" Sole Traders. Cheers jimbo

Hi there I'd go even better than that I'd say PLEASE let it go to COURT --the amount I'm paying is already too much -- The COURT will probably reduce my payment to a token 1 GBP a month. COURTS actually will give you a better deal and YOU are in charge not CAPQUEST. The whole purpose of these threats is to intimidate people who have never seen CAG and are totally scared of Courts thinking they are akin to standing in the Dock at The Old Bailey. Once you call their bluff you'll find most DCA's are just Wind and Pxxs as the Yorkshire saying goes. Chers jimbo

Hi there I've been busy over XMAS however letters have gone in to the Law Soceity and Companies House. HFC will remove the Charging order but they want ME to pay the cost -- this is UNBELIEVABLE since I've paid this miserable lot around 10,000 GBP. There really is no BOTTOM to this whole stinking sordid mess of debt collection. In any other business these people would be shut down so fast it would make the 100 metres mens final at the Olympic Games seem like a Tortoise Race. Cheers jimbo

PLEASE PEOPLE when dealing with late Council Tax demands -- NEVER EVER DEAL WITH A BAILIFF. You DON'T HAVE TO. NEVER EVER LET THEM IN EITHER EVEN TO USE THE LOO. The only amounts that can be charged are for TWO VISITS irrespective of the number of times they attempt to call. The total amount is around 40 GBP for the two visits. The Council CAN add these charges to their bill. Also always demand to see the Liability order -- you will be surprised in the difference generally between what the Council SAY you owe and what the Bailiff is demanding. Eventually the Council will have to take the debt back. Just come to some arrangement with them. If they don't want to do this keep copies of all letters (Never use the phone in these situations) you will be in a really strong position if it goes back to Court again. If everybody with Council Tax arrears stood up to the ILLEGAL charges and bullying tactics of these thugs the whole use of Bailiff's would swiftly die out. Using "Mafia" and strong arm tactics in a 12 th century method of Tax collection is NOT on in the 21 st. Incidentally if they've charged extra fees / Van fees / waiting time etc these ARE NOT ALLOWED. BUT DO NOT EVER EVER EVER LET THEM IN -- you don't even have to speak to them even through the letterbox and if they won't go away call the POLICE to have them removed. Incidentally even if the Council refuse your offer of payment you can usuually make some type of payment via the online system. Their Web designers aren't usually that good so your payment won't be blocked. The Bailiff will eventually in any case return the debt to the council if he can't collect. the Nr 1 Rule is NEVER LET THEM IN, LOCK ALL DOORS / WINDOWS and hide vehicles. Cheers jimbo

Hi there Fine but don't mention Loan from Friend as these SCUMBAGS might say get another loan to pay off the rest. With DCA's give them AS LITTLE INFORMATION AS IS NECESSARY -- the more information they have the more this can come back and bite you. Just say I'm offerring XXXX -- and that's it. Only a COURT can require your Income and expenditure details -- and anybody will seriously advise that it's NEVER a good idea to get ANOTHER LOAN to pay off a debt --no matter how well intentioned the person making the Loan is. Almost every debt counselling service on Earth will say NEVER EVER get ANOTHER LOAN to pay off debts. You'll find in general the people who take out "Further Loans" to consoldate debts they already have generally get into worse problems later on. Just pay what you can afford -- if it's only 1 GBP a month so be it -- don't borrow MORE money -- especially to pay off a DCA and LOWELL'S are ONE OF THE WORST OF THE LOT. If you actually offer what YOU CAN PAY to Lowells and say to them --if you don't like it --tough let a COURT decide you'll get a better deal anyway. No Court will make you pay what you don't have and also it puts YOU back in control -YOU decide what and when to pay you don't have to jump at Lowells behest and dread a visit from the Postman or go into hiding every time the phone rings. Cheers jimbo

Hi there My error -- was thinking of something else. An S.A.R costs 10 GBP and not 40 GBP as I posted. Cheers jimbo

Hi there another tip when they ring. Ask Who's calling they will say its about a Business matter Then say -- I don't need Double Glazing or Central Heating and as I've retired from Business that concludes this discussion - don't bother calling again and then put the phone down. If you ever get asked security questions on the phone by these muppets -- just say to them Do you really expect a person whose just picked up the telephone to give out confidential information to an unknown party making an unsolicited call -- what Planet do YOU come from. NEVER EVER answer security questions from a DCA. Just say WRITING ONLY. These muppets will eventually learn that using the phone to harass people is just a total waste of THEIR time and money too. Cheers jimbo

Hi there No CCA -- No Pay However if you REALLY want to pay off this start by offering them 10% and have in mind a Haggle sum. Most will accept a F&F -- but ensure that it IS a F&F -- and that no further amounts can be sent to further DCA's for later collection and debt is marked on credit files AS SETTLED IN FULL. Get these agreements in writing. As always in dealing with DCA's -- NEVER USE THE PHONE WRITING ONLY AND USE RECORDED DELIVERY MAIL. After all we know DCA's are completely 100% honest, sincere and comassionate in their dealings -- don't we. Cheers jimbo

Hi there I'd open another Bank account to stop this happening again. Both TESCO and The CO-OP have basic bank accounts with Hole in the wall cards and online transactions available -- no credit check either. Keep this account secret from any DCA etc -- these accounts are often called "Parachute Accounts". AFAIK NOBODY can take money from your Bank account unless its done via a Court Order -- The Inland Revenue (Income Tax) might also have some powers but even then they go to Court first. The BANK is in ERROR here -- get the money refunded and STING THEM for hassle, incovenience, stress etc etc etc. If you've got a DIRECT DEBIT arrangement then unfortunately the person receiving the money can alter these at will which is why I advise people NEVER EVER to use Direct Debits - specially to DCA's etc. Use a Standing Order instead. Cheers jimbo

Hi all just a timely reminder to all CAGGERS. BIG BIG LETTERS NEVER EVER EVER SET UP A DIRECT DEBIT WITH A DCA (or anybody else for that matter). If you MUST pay a DCA something monthly set up a STANDING ORDER. This protects you as ONLY the amount specified on the standing order will be paid. DIRECT DEBITS ARE ESSENTIALLY EVIL since these can be altered at will -- some DCA's have been known to empty peoples Bank accounts even when the Direct Debit was made for 1 GBP a month. Again repeat NEVER EVER SET UP DIRECT DEBITS WITH A DCA. even if there is the "direct debit protection / guarantee scheme" in operation it's a lot harder to do anything with ZERO money in your Bank account -- it takes often as much as a MONTH to get your money back and it's not always possible either. If you've made one of these arrangements CANCEL IT QUICK and immediately open a "Parachute" account in another Bank -- The CO-OP and TESCO both do basic current accounts with a hole in the wall card and no credit reference check. Cheers jimbo

Hi there If they have the wrong address then that's THEIR PROBLEM. In fact you could report them for sending out Confidential data to "3rd parties" in contravention of the various Data Protection acts. It's THEIR responsibility to ensure their communications gets sent to the correct people -- it's not yours at all. Apart from the fact the debt is surely STATUTE BARRED in any case. Ensure you son does not acknowlege the debt in any way or make even a token payment until you (or preferable he) has checked via SAR the last payment made on the account. If it's Statute Barred then thats the end of it. Cheers jimbo

Hi All CAGGERS This is GREAT STUFF. The whole idea of buying and selling debts is IMO a totally EVIL and DISGUSTING business that should NOT be tolerated any more. These companies trade on Human Misery -- they are totally beneath contempt. If the companies who purchased these debts actually weren't so greedy -- they buy these for PENNIES IN THE POUND -- and dealt with "their victims" in a Humane and sensible way rather than ramping up charges and threatening Courts and all sorts of stuff at every opportunity they could actually get somewhere -- I think most people who have got into debt would be prepared to pay SOMETHING. Most of the problem was caused by BANKS etc lending irresponsibly. Now Credit is tighter these ODIOUS companies will generally get less business (HURRAH) and the only debts they've got left are the ones really at the bottom of the pile. Remember a CAGGER a DAY keeps a DCA away. Cheers jimbo