Thank you for posting this information. I am currently in the process of asking for my mums court case to be heard at our local county court. They want to to take us back to court to see if the charging order should remain in force. Captquest has said that my mum has not made any payments towards the court order taken out against her in Dec 07. This is not true, mum has not missed one payment. That is why I want to contest this in court, I also want to contest that they do not legally own the debt. I have been advised that the court will only deal with the matter of the attachment Order/charging order and I want to contest that, but not sure how to. My mum can produce bank statements of payments made to them and the account it has gone into. Any advice would be most appreciated. I was also told that if I want to contest the orginal court case, I would have to pay £75.00 to take it back to court.

I'm not sure what you mean havinastella, you mean Barclays do not sell their debt? How did you claim back your charges from Cap One, are they charges for non payment of account? I plan to send a couple of letters out on monday asking for my CCA from Capquest and also Barlcays to confirm they have sold the debt, is that the right move now? I would appreciate some advice.

Hello everyone. I came to this site to get some advice for my mum, but since joining I realise that I have some issues of my own to pursue. In Nov 07 I was contacted by Cabot who informed me that they have taken over my Barclay's account and that I should now correspond with them. They also enclosed a letter from Barclay's, and at the time I thought this was legitimate, until I read your posts on Cabot. It seems that I now need to establish if they legally own the debt. Should I also write to Barclay's to confirm Cabot's story? Since Nov 07 I have been paying Cabot £2.00 a month and nothing to Barclay's:sad:. Your advice would be much appreciated and could someone please tell me where to find the letter templates on this site. Thank you

Thank you Palomino. In answer to your questions. 1. My mum did receive a notice to court, in Northampton. 2. My mum was making payments of £5.00 a month to capquest, but they were not happy with that. This account has changed to so many collection agencies I am not sure about this question. Sometimes they would go quiet and then start up again. My mother has not been in contact with the original creditors for some time, it's mainly been collection agencies. 3. I will request a CCA next week, we have asked for one over the phone, but not in writing. 4.Since the court action in December 07, we had not missed one payment, and it it done through the bank by standing order and pay £13.50 a month. 5.It's from the County Court in another county other than Northhampton, it's far away from us I know that much. I will have to get the papers from my mum as we do not live together. I just wanted to know if there was anything we could do to get this overturned, it's all wrong and based on lies.

Capquest have taken my mum to court for an old credit card debt, at least over 8 years old, and was successful in asking for payment of £13.50 a month on a debt of just of £1000. My mum did not understand what to do so did not contest this, even though capquest have never produced a CCA or any notices that they were going to take her to court. Recently my mum received more court papers stating that the matter was going back to court, we did not understand why as no payments from the previous court case have been missed. However, I have sinced learned that Capquest have stated that my mum is in default and asked for the amount to be attached to her house, so that if she sells it she will have to pay them. At no point has my mum ever missed a payment to Capquest and to be honest I am not even sure if they legally own the debt. I would appreciated some advice as to what can be done to challenge capquest at this point. I realise that we may need to take capquest to court in order to resolve this but I feel that my mother who is 66 years old and not up on legal matters concerning debt is being taken for a very long ride. I want to help her as much as possible but I am not sure where to start as this has gone so far so quickly, all in the space of about 8 months. I have been told that it is very unusual for a debt collection agency to take such a small debt so far. She got very upset one day with someone who was harrassing her on the phone and I can't help but wonder if this is now become personal with capquest. Please can anyone help me and my mum.