finbar1969/ Stat demand just recd from CAPQUEST.

[finbar1969]

Only registered to get this off my chest.

 

Back in Summer 07 I done a credit check to reveal a ccj for £227.25 for a Egg credit card.

 

Contacted egg and arranged an arrangement to repay via Fredrrickson (their legal team is Byran Carter & Co) I repaid the ccj and pay a monthly amount with out fail.

 

Over the last 3-4 mths I've started receiving letters from Capquest for the same debt, (I have checked and double checked this fact)

 

The letters are getting more intimidating until on arriving home from work I have received a threat of a statutoty demans under section 268(1) of the insolvency act 1986.

 

I must have spoke to Capquest on numerous occassions explaining to them I am paying to Fredrickson (Byran Carter & Co) they basically ignored me and continued to harrass me.

 

I have sent on at least 2-3 ocassions a statement of my payment history and account to Capquest, all to no avail.

 

I'm at the end of my tether with this now and feel like paying no-one and taking the sh*t that will be justified, not when I've been paying fo nearly 18 mths without fail.

 

Apologies for the rant, but some advice and guidance would be appreciated.

 

Many Thanks

 

Finbar

[finbar1969]

bump

[Jesteruk]

You need to speak to freds and ask them for a complete statement of your account proving that it is completely settled.

Then pop along to your local court, with your proof and ask that your CCJ be marked as "satisfied" this may cost something like £10. i believe.

 

Once you have done this you can then forward a copy to capquest requesting they remove all referance of you from there files. Also requesting this be confirmed in writing within 28 days, After that if there still contacting you, make a complaint to the Finacial Ombudsman about there conduct.

[finbar1969]

You need to speak to freds and ask them for a complete statement of your account proving that it is completely settled.

Then pop along to your local court, with your proof and ask that your CCJ be marked as "satisfied" this may cost something like £10. i believe.

 

Once you have done this you can then forward a copy to capquest requesting they remove all referance of you from there files. Also requesting this be confirmed in writing within 28 days, After that if there still contacting you, make a complaint to the Finacial Ombudsman about there conduct.

 

My apologies I didnt make myself clear the CCJ amount was for £227 which I cleared and have a letter of satisfaction from Northampton CC.

 

The dispute is for the remaining balance with Egg (approx £2500) which I set up a monthly arrangement of £30 p/mth to Bryan Carter & Co.

 

Then Capquest turned up.....

 

Having browsed the site, I've decided to CCA both parties even though I've been paying one of them since Aug 2007, is this advisable ?

 

Again help appreciated.

 

Finbar

[Jesteruk]

certainly send off for a CCA to both companies, but keep the repayments going until they are in default of your request, which is 14 days from reciept.

 

As for capquest ask them for proof that they are authorised to collect on the debt, this would be in the form of a "Notice of assigment" which you should recieve "Before" they start demanding

[havinastella]

FINBAR

 

We need to get PT to look at this, this is an abuse of proceedure by Bryan Carter.

 

Jogs

[Jesteruk]

Yes your right, looking back it looks like BC applied for a CCJ of 10% of the amount, which covers there costs. They are taking there interests before that of there clients. Well spotted

 

Finbar, im presuming the CCJ was only for 10% of the total balance?

if so its a standard procedure for BC/Freds

[havinastella]

Also, STOP paying immediately.

[finbar1969]

Really appreciate the replies people, pi**ed off to be fair.

 

Had a mooch through the original paperwork from Fredrickson's.

 

Original balance was £3588.44

I cleared the CCJ of £227.25 back on the 23rd August 2007.

 

Egg said they would accept £ 2372.65 before 1st January 2008, couldnt do this so been paying £30 per/mth since.

 

Utilised the CCA Templates and going to send tomorrow to both DCA's by recoreded post.

 

Oh and no-one's getting paid nowt until I've some confirmation of who exactly owns this debt.

 

Thanks again.

 

Finbar

 

Apologies for the font.

[havinastella]

Finbar, you don't need to send the CCA's.

 

Bryan Carter has abused the Court Process. He has split the claim which he is not allowed to do. PT or X20 will be along to help you with what you have to do.

 

Jogs

[hawk1979]

Finbar

 

I would also send a S.A.R.S request to fredricksons and Capquest. Without authority from egg to act on there behalf neither can make you pay any money. Telephone both companys tomorrow and let them know that you are posting a letter to them to dispute the debt under s77/78 of the Consumer Credit Act and also ask them to place the accounts on hold until the letters arrive. Both companys have to place these accounts on hold. Send the letters off recorded mail and don not sign your letters just print your name. If neither company hold authority to act on behalf of egg then there have both breached the CCA. 42man i feel would be best to advice you further

[havinastella]

Finbar

 

I would also send a S.A.R.S request to fredricksons and Capquest. Without authority from egg to act on there behalf neither can make you pay any money. Telephone both companys tomorrow and let them know that you are posting a letter to them to dispute the debt under s77/78 of the Consumer Credit Act and also ask them to place the accounts on hold until the letters arrive. Both companys have to place these accounts on hold. Send the letters off recorded mail and don not sign your letters just print your name. If neither company hold authority to act on behalf of egg then there have both breached the CCA. 42man i feel would be best to advice you further

 

I'm sorry Hawk, but this has gone past this stage, DON'T send anything to anyone until PT or X20 has replied to this thread.

 

Jogs

[pt2537]

Hi,

in a nutshell, if you paid the CCJ then the debt is satisfied

 

its not your fault that the solicitors were negligent and failed to conduct themselves accordingly, i would write to who ever is chasing you for this debt and advise them its been paid and it is satisfied so sod off and leave you alone

[pt2537]

just to expand upon my above comment

 

it is standard practice for Brian Carters to split the cause of action into two or three claims, this is unlawful and contrary to S35 County Courts Act 1984

 

in most cases we see on here the people have not settled the CCJ, so we help them get it set aside and then fight back .

 

however your case is slightly different, here you have had a CCJ, youve paid the CCJ and as far as we are concerned you do not have a debt, the fact that carters cocked it up is not your problem, think of it like the double jeopardy rule, you cant be stuffed for the same thing twice;)

 

so since you have satisfied the CCJ, you should advise Capquest that this debt has been before the court and the matter has been settled, the CCJ is satisfied and you would like the matter closed

 

if they persist and issue any more proceedings against you then they can be struck out without question as an abuse of the process

 

i hope this helps

 

Regards

 

Paul

[havinastella]

Thanks Paul

 

Jogs

[Jesteruk]

Well said PT

[surfaceagentx20]

Yep, PT said it. Tell 'em to blow.

 

x20

[palomino]

One other tack to follow : lodge a formal complaint with Egg. They will whinge and whine of course but wait for the phrase 'final response' and then complain to the FOS.

Basically Egg have cocked up and must be made to pay.

[palomino]

One thing I did in similar circumstances was to write to both the original creditor and BC thanking them for letting me off 90% of the amount owed since they were never able to claim for the balance for the reasons advanced by pt above.

 

BC made silly little threats but nothing has actually happened. The OC expressed surprise as they claimed the debt had been sold to Fredricksons and it was now none of their business. Childish.

[finbar1969]

Just come in from work and logged on, I'm slightly confused as to what to do next.

 

Firstly I've dug through my paperwork and found my letter of satisfaction from Northampton CC to the tune of £200, although I paid Bryan Carter & Co £227.25

 

Really appreciate the responses from you guys I really do, but I'm getting confused with abbreviations such as CCA's & SARS, what exactly do I do next considering Bryan Cater & Capquest who I believe are due to serve me with a statutory demand on the 4th Oct.

 

Apologies for sounding naive but I want to do this right and in the correct manner/channels.

 

BTW I havent sent the CCAs, holding tight on what to do next.

 

Thank you once again.

 

Finbar

[havinastella]

The simple answer is that debt is paid!

 

Send a letter to Capquest and Freds with a copy of the satisfaction order from the court, telling them that the debt is satisfied.

 

Now we need to see if you can reclaim the extra you have paid.

Edited September 25, 2008 by havinastella

[finbar1969]

Thanks for the response havinastella.

 

Let me get this clear in my head, my letter of satisfaction is for a CCJ for £200.

 

The outstanding debt originally with Egg is £3588, because Byran Carter/Freds issued a CCJ for this amount and I paid it, theoretically I've cleared the whole amount ?

 

Apologies again for being naive, is this the case ?

 

Also is there a template of something I can incluse with the copy of the letter of satisfaction, worded correctly etc, dont want to trip myself up at this stage.

 

Once again, many thanks.

 

Finbar

[palomino]

You haven't cleared the whole amount, just the amount of the CCJ.

 

HOWEVER claimants are allowed only one bite at the cherry so they cannot now take you to court - or carry out any other enforcement for that matter - for the rest of it.

Effectively they have written off the balance. You still owe it but they have no way of making you repay it. None at all.

Better still your credit record with the credit reference agencies has the CCJ marked as satisfied.

 

As for the certificate, send a copy (NOT the original) to BC with your own equivalent of a 'with compliments' slip. A letter quoting the case number and saying something like 'for your information'. Simple as that.

He won't like it, but that's fine.

[finbar1969]

Thank you palomino.

 

I'll do that asap, recorded delivery I presume, and no signature ?

 

Also do I send Capquest the same copy of the letter of satisfaction ?

 

Regards

 

Finbar

 

PS: you mentioned a letter palomino, how should i word it, any suggestions ?

[finbar1969]

bump