CAPQUEST and my mums home!!!!!!!

[InnerBeauty]

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.

[Ell-enn]

Hi there, and welcome to CAG. I'm sure you will get all the help and support you need here.

 

Take some time to read around the forums and you will get some idea of what can be done.

 

In the meantime, I will move your thread to the Debt Collection Industry Forum where it will be more visible.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

[palomino]

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.

 

Sorry to hear about your Mum's situation. You've done the right thing by coming here.

 

There quite a few questions so we can determine the most appropriate course of action.

 

1. First of all did your mother ever receive a notice of claim from the court before the case was heard? You should have done.

If you haven't, have you changed addresses recently?

2. Debts more than six years old are statute-barred. This means that the creditor can no longer claim for the outstanding amount after six years (or five if you are in Scotland). Are you certain the no payments were made within the last six years?

3. Capquest didn't produce a credit agreement because no-one asked them to. You can now - check out the letters in the templates library - I believe the one you want is letter N.

Don't worry about it being after the court case - there is no legal restriction on when you can ask for it. Don't sign it (just print your mother's name) and send it recorded delivery. You need to send a fee of £1 as well - get a postal order for that.

4. Where has you mother been making payments? Has she kept all the receipts?

5. What was the document your mother received that purportedly says judgement was awarded against your mother? If you have a scanner on your computer then scan it in, edit the scanned image to remove the bits that can identify you and post it up here.

 

 

As you have already deduced the debt collection agencies are usually aggressive, abusive and obnoxious on the phone. They do this deliberately to make you worry/panic so you are inclined to give in to them.

If anyone rings again and you can see the callers number then do not answer the call (there is no legal obligation that says you have to answer calls). Otherwise just refuse to talk : say everything must be in writing and then hang up. Don't worry about being rude to them - they don't worry about being rude you!

[InnerBeauty]

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.

[palomino]

1. My mum did receive a notice to court, in Northampton.

 

 

Did she do anything with at the time? From what you are suggesting she didn't - and therein lies a problem.

 

 

 

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.

 

We need to get a handle on exactly who has been doing what and when. Are you able to do this? I know it's all confusing and difficult to understand but have a think about it and write down what you can recall. Have you kept all the letters and other correspondence you have received over the years?

 

3. I will request a CCA next week, we have asked for one over the phone, but not in writing.

Asking over the phone isn't going to achieve much - they can just say you didn't and it is purely your word against theirs, an argument that you can never win.

You should send off the CCA request for your credit agreement and current statement of account. Do not sign your letter (just print your name at the bottom) and send it recorded delivery. You will need to enclose a £1 postal order (don't send a cheque because it has your signature on it) because the CCA provides that the creditor or DCA is entitled to ask for payment and this is the prescribed fee.

 

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.

Whose account is the money being paid to? You say that you are paying £13.50 per month as this is the amount requested by Capquest in the claim. Was this amount also given explicitly in the judgment by the court?

There are two possibilities here : firstly you could be paying the wrong person (if Capquest have been awarded judgment you should be paying them), or secondly the account to which the standing order is being paid is not correct.

 

 

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.

 

 

It sounds as though it was transferred to your mother's local County Court or to Capquest's local County Court (check their address).

 

 

 

 

I just wanted to know if there was anything we could do to get this overturned, it's all wrong and based on lies.

 

Quite possibly, but it won't be as straightforward as if your mother had defended the original court case.

In fact if she can resolve the payments that have apparently disappeared then that will make the whole situation much simpler. The whole issue of default and the charging order will go away.

 

It would be a very good idea if your mother could go to her nearest Citizens Advice Bureau and discuss it with them. As they used to say many years ago "a problem shared is a problem halved:-)". Print off the postings here so she can take them with her.

 

You both have a bit of work to do I'm afraid. But stick with it and keep us posted on how you're getting on.

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[citizenB]

Inner beauty, have you sent off your CCA request and what is the situation regarding the court claim or have you heard nothing yet ?