Jump to content



style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4966 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

can anyone help I have been contacted by this company informing that they are about to put a charging order on my house for an old debt.

1 If i declare myself bankrupt will the charging stall stand even though there is negative equity in the property.

2 could I still at this late stage challange them to supply the signed





the house is jointly owned by myself and my daughter which has a 1st and 2nd mortgage on which is 100% of its value

unfortunatley I lost my job 2 years ago due to ill health and am now on pension credit I have about £15K of debts most have accepted my financial position with not having any disposable income

but cap quest has not accepted this yes they do have a ccj and no I did not contest

They are saying that if I do not pay a minimum of £75 per month then they will send in baillifs every month to take away £140 of goods every month

I hope this helps and any advice would be helpfull

They keep phoning me every week wanting answers and basically threatning me over the phone as to what they will do next

I am sure this debt is over 6 yuears old as it was an old liverpool and victoria card I had many years ago


so what should i do now has anyone any ideas -please

Link to post
Share on other sites

Hi Robbie

Sorry I haven't been around for the last week or so. I've been having a 'discussion' with my telecom provider (i.e. phone, TV, broadband & mobile) so I've been unable to contact people. Let's just say I'm no longer a virgin!

Back to your issues. As I stated in your other thread, I don't think bankruptcy should be an option for you. You have too much to loose with the house etc. With £15k of debts and no other assets, I don't think an Insolvency practioner would be interested in running an Individual Voluntary Arrangement [iVA] either. I suggest the best course is what you have been doing, i.e. writing to creditors to explain and then paying what you can afford, even if only £1 per month. If your creditors don't like it, they can take you to court and try to prove their debt. Provided you deal with the court and don't ignore the court (if it happens, there will be advice from this site), all the court will do is order you to pay what you can afford on benefits. If that is £1 so be it.

Now let's look at the numpties at Crapquest. They have written to say they are going for a charging order. First of all, they need to have a CCJ and also that it is a 'forthwith' judgement i.e. pay up in full now or you have defaulted on the payments plan imposed by the court.

As I understand matters, they have a CCJ. Let’s assume for the present that it is valid and that you can't or don't want to challenge the CCJ. If the CCJ is forthwith, you should ask the court to change this to an order for payment over a period at an amount you can afford. If there is already some form of order requiring payment over time, but you can't afford the amounts due to your changing circumstances, you need to get the court order changed or 'varied'. This will involve an application to the court and payment of a court fee but if you are on pension credit, this fee should be waived by the court staff.

If you can, go down to your local county court and talk to the court staff about applying to vary any order to show an amount you can pay whilst you are on benefits. I suggest you also write back to Crapquest in response to their last letter and tell them you have referred the matter back to the court.

Once you have been to court, you may need to fill in an application. Let us know how you get on and we can help with any form filling.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites


  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...