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CapQuest threat -


tinacee1
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My brother has been ill for a couple of years now and has not worked since 2005. A debt was passed on to Capquest from the Halifax building society originally £300 but rose to £425.

 

He had been paying £1 a month to Capquest (this was sorted out with the CAB) as he is on Invalidity Benefit..

 

A letter arrived this morning to say that investigations by them have indicated that he is in employment, and that proceedings have been instigated and the Court awards judgement, he will be required to pay the monies owed forthwith. HE HAS NOT BEEN IN A JOB FOR OVER 2 YEARS.

 

This letter even says that the judge may decide to commit him to prison if he does not attend to be questioned, or attend but refuse to take an oath or answer questions.

 

I am so worried about him as he is a very ill man (on 11 tablets a day) he has extreme breathing problems. He has to attend a specialist on a regular basis.

 

Please advise as i am fearful for his health because of this threatening letter. He has never denied owing this money and thought that the arrrangement through the CAB was alright.

 

This company never seem to let up and they had been ringing him but as he is in sheltered accommodation now they don't have his new number. Thank goodness. Your advice would be greatly appreciated. Thanks in anticipation.

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Hi Tinacee1,

Firstly tell your brother do not stop paying the £1 per month. That was the arrangement he made and capquest agreed to so make sure he keeps his side of the aggreement.

This sounds like a very nasty scare tactic letter. I would write a letter back to capquest stating your brothers situation. Explain his health problems that prevent him from working. Tell them that their findings are completly unfounded. Request what alledged evidence they have (doubt they will tell you) The stress of this letter is making his ill health worst.

I would then wait to hear from them again. You might not hear anything, it might just be a scare tactic. If they do try to persue the matter further don't worry. I'm sure your brothers Doctors and specialists will give reports to prove his ill health. As long as your brother has not been working he will have absolutly nothing to worry about.:)

 

 

Send the letter recorded delivery (£1.04 first class) worth it so you have proof that they receive it.

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Hello Tinacee

 

Welcome to CAG. This is disgraceful behaviour by the Halifax. If he can prove extreme hardship, then they should accept the £1 token payment each month.

 

As he is very ill, he should ask for a doctors letter to give to the judge towards his evidence. He can counter claim for the charges also. Also he should do an income and expenditure sheet to show where his income goes to. Does he have all of his statements to show all of the transactions on the account?

 

First of all i would get a CCA, which is a request for the agreement, to see if it is unenforcable. There is a link here to have a read up on:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

I will move your thread to the general debt forum for more help.

 

Uk

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