Capquest threatening me with Bankruptcy -Help please.

[gizmo111]

You shouldcarry on paying your essential bills ie council tax, rent and utilities. If you plan to go BR then stop paying the creditors and save up the fees.

What are your total debts?

[angry cat]

I doubt that in your situation the creditor/DCA would make you bankrupt, as the cost would exceed £1,000.

 

Also, anyone who contemplates making themselves bankrupt should think again, as bankruptcy must always be the very last route to take!

 

However, if you are determined you may be apply in the not to far distant future for a;

Debt Relief Order.

 

AC

[miltonworries]

thanks for all the replys,

you are all very helpfull,

 

in 2006 i wnet to c.a.b they were able to work my budget and write to creditors telling them what i can pay. i have stuck by this for 3 years now.

 

but i have been getting daily phone calls re: abbey £338 owed from debt management company they use my home number all my other bills call my mobile which i dont mind.

normal blah blah i know what to say not that bothered but its thae fact they called today at 8.30am and yesturday 11am.

 

But going back to banqruptcy i think i owe about £40,000

and its the silly little ones that keep bugging me.......

 

So i have done the money sort out first and now this seems the only option.

 

in 3 years i have paid off quite a few debts total £8,000

and now just £40,000 owing

 

I thought the offical reciver would take that into consideration too i have been trying and still i am struggling.........................

 

if i stop paying creditors it would give me £160 free each month.

but then i would get the harring phone calls and letters.

I know what to say to these people but they just never give up....... if you know what i mean

 

thanks very much for your time

[MARTIN3030]

Capquest !!

Now how did I guess ? I was almost certain that it was these.

First thing I think is a good idea is to change your thread title.It may be hard for you to believe-but I know of many other cases here which have been much worse than your own-and they have managed to sort things out.

The immediate one to sort out is Capquest.

We can help you too with the phone calls from Abbey-theres a way to get them stopped.

 

Firstly though its important that you start to believe in yourself and have some readiness to tackle these without resigning yourself to hopelesness.

I know you may think its easy for me to say this,but I am saying it because I have seen how things can be turned around by others here on CAG.

[MARTIN3030]

Heres something you should read too.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

[gizmo111]

At the rate you are paying at the moment you will take over 20 years to pay the debt assuming (but unlikely) that the creditors freeze interest for that length of time. Unless you are expecting an increase in income or a windfall in the next couple of years then you are proabably right to consider BR. This will give you a fresh start debt free. Have a read here for more information.

Also you should have a chat with CCCS or Payplan about your situation and see what they recommend.

Have a read of the formal solutions sub forum and you will see others that have gone BR and what it is like.

[miltonworries]

i have done cccs told them evertything all they suggested was get an extra job, which i have two jobs now and still cant afford the bills

[lickthewallfatboy]

I wouldn't put a lot of faith in CCCS.....isn't that the outfit funded by the banks??

 

enough said....

[miltonworries]

i was rather disapointed with cccs when they told me to get a 2nd job....

 

But i have done everything else

and my final thing is

bankruptcy

i tried all the other routes and still struggle

[Dibsthefrenchie]

Milton, As Martin suggested, it would be helpful if you could list who you actually owe money to, if they are credit cards, loans etc, when they were originally taken out, and which DCA is involved. Do not allow yourself to be bullied by the likes of Capquest. There are ways of dealing with DCA's, so don't give up.

Dibs

[miltonworries]

Capquest (Was Halifax) loan from 1990 owed £1.400

provedent loan 2007 £100 owed

Abbey (debt managenment) ex current account owed £47

Welcome loan 2007 owed 6,000

rent arrears owed 800

Moorcroft was nationwide ex loan 2006 owed £1500

Moorcroft was o2 mobile contrract 2006 owed £500

Dwp 2005 owed £27,000

[slick132]

Hi MW,

 

Can you confirm how the debt arose with Dwp and whether you have challenged or appealed against the amount they say is owed.

 

Is it in any way an error caused by the Dwp themselves.

[miltonworries]

dwp is correct amount.went to court got them to halve it. left court then told by solicitor i owe the whole amount!!!!!!

 

i'll be 6ft under before that ones paid off and i know bankruptcy does not get rid of it.............

so got it for life.......

[MARTIN3030]

Have you investigated any of these for enforceability ?

CCA requests/those which have unlawful charges etc etc ?

aside from the provident loan (who will not take you to court)

The Abbey £47.00

 

are the Moorcroft accounts assigned and have you had proof of this ?

 

What is the DWP amount for-is this for overpayment or non entitlements ?

[maddog69]

Hi Miltonworries,

 

I don't know if this will help you any, i am a tenancy support worker and deal with rent arrears/homelessness on a daily basis.

 

My adice to you is not to skip your rent especialy as you already have rent arrears, and that goes for council tax too. You would end up propbably being served notice.

 

Also as you are a council tenant, dont you get rent free weeks??? possibly 2 to 4??

 

What area do u live in, there are loads of agencies there to help, a lot of people reccommend CAB however there is a newish charity called CAP (christians against poverty) they are religious but dont preach and will even help people who are not.

 

If i can help anymore just ask x

Edited February 10, 2009 by maddog69

[Nomore Baloney]

Ask one of the DCA to do it for you.

 

I think you will be hard pushed to get them to do it though, especially when they realise you aren't bluffing.

 

The other reason they won't do it as they lose control of the amount you alllegedly owe them - it all goes through the courts, so they will end up with virtually nothing, yet have paid out some quite high fees and costs.

 

Read some of the other stuff on the site, and depending what they are chasing you for, they might not have a legal right to ask you for anything.

[MARTIN3030]

NB - If you read the whole thread,I think you should see that this is the message we are trying to put over.

Particularly,given that it is Capquest,who have repeatedly shown in a great deal of instances that they do not legally have the remit to force the actions that they often threaten.

[miltonworries]

reply to martin

I have tried to do reclaim on the nationwide debt now with Moorcroft nearly £3,000 owed due to unfair bank charges sent them a letter, they aknowledged stating they are waiting for a claim to go through court etc,.. i wasnt able to follow it further as it needs money to take them to court for it.. so i lose all the time.

All the dca i pay i know i owe this money so just pay it..... doing ccas and stuff cost money too.

 

I know they are my debt but not really chased it up if they are allowed o collect it.

 

What does assigned mean??? i am not sure

 

over payment dwp

[MARTIN3030]

Assignment means that they have legally taken the account (been sold it)from the original creditor.

A request under the Consumer Credit Act should enable you to find out.Your credit files would also show who defaulted the account-these should all tie up.

You may qualify for all or part fee remission to pay your Court fees in filing a claim-did you check that out ?

Your claim for repayment of the Nationwide charges has nothing to do with Moorcroft-it needs doing against Nationwide.

The fact that you have told Moorcroft that you believe there ARE unlawful charges and are disputing their collection of monies in relation to that account should warrant them to suspend any action.

My thinking is that £3000.00 is not to be sneezed at and would also get Moorcroft off your back.

 

So how many accounts do these unfair charges relate to ?

Also have you got statements to work out the figures ?

[IdaInFife]

I am still working out how you could get a £27,000 overpayment????

 

when did this overpayment occur?

 

is it for Housing benefit or Council tac beneift or what benefit?

 

when did you receive the final decision

 

 

ida x

[Happyfeet24]

All the dca i pay i know i owe this money so just pay it..... doing ccas and stuff cost money too. I know they are my debt but not really chased it up if they are allowed o collect it.

 

Honestly Milton it's well worth taking each DCA one at a time. I had 3 chasing me and I acknowledge to an extent all 3, but couldn't get them to agree to sensible repayments that I could afford without being threatened, so I sent all 3 CCA requests at the cost of £3.00 (with PO charges I think it was £4. something) and now I'm not being asked for money from any of them. The debt is still there but it allows me time to look at my position and be in control of repayments if and when they ask for them again. The consumer laws are there for a reason, well worth using them so you don't get pecked into a position that isn't fair.

[miltonworries]

I did send unfair bank charges to nationwide,,,, but they say they were waiting for something in court to happen.

i know i am not owed the money it will just be taken off the moorcroft debt, which will knock it down some. as the debt is moorcrofts

now.

Nationwide is the only account with unfair bank charges and its just one account............i had kept all my statements from years ago and worked it all out...

 

at present i am waiting for C A B to get back to me as i thought i would go through them ratehr than doing it myself.