Capquest are threatening my partner with bankruptcy

[blossomtree]

My partner is being threatend with bankruptcy by capquest for a debt that is 10 years old. Capquest claim that he has paid 150 pounds off the debt, but that payment was not towards this debt. We own our property but I own 90% and he owns 10%. Can they force me to sell the house to pay off his debts. I am really worried because our daughter is settled here and I love this house. Can someone please help, I really am worried

[42man]

Hi Blossom....a warm welcome to the CAG forums....a few questions if I may...what is the debt for ? Have you received a statutory demand ? roughly how much is owing (don't be specific) Has there been anywhere in the life of the debt where he/she has not made a payment or acknowledged the debt in 6 years ? Are they saying the debt ISN'T statute barred ? Why are they saying £150 has been paid off....

 

I'll also move this thread to the debt collection forum too....you will get some more comment/advice...

[blossomtree]

Hi 42man

Thank you for replying. The debt was for a loan to Natwest Bank taken out in his name only. the letter I received today says that Capquest sent out a Statutory Demand on March 30th, but we have not received this. The total amount owed is 2500 pounds-ish and no payment has been made for over six years. Capquest contacted my partner a couple of months ago about another amount that he owed to Natwest and he made a payment towards that, which is the 150 pounds. They later placed a charge on the house, so he stopped paying. This new one for 2500 has come out of the blue, with no statutory demand just a bankruptcy threat. The loan is not in my name, just my partners and I do own 90% of the house.

[angry cat]

I would suggest that you need to obtain specialist legal advice on this matter.

 

Bankruptcy is extremely complicated and it would appear that you and your husband re: the mortgage are joint and severable liable.

 

Having said that, it would cost more than the debt £2,500, for the creditor to make you Bankrupt/Insolvent.

 

Phone National Debtline asap, in order that they can advise you and put you in touch with a specialist solicitor.

 

Please do not worry to much, because there is much help available via the Community Legal Services and Legal Services Commission that will assist you.

 

AC

[harrassed senior]

Hi and welcome, am I reading this correctly that the loan is in OH name but that CapQuest have written to you?

 

If you sent off an immediate CCA request in connection with this particular debt to Capquest they have 12 + 2 working days to provide the original Agreement which may be quite difficult given the length of time this Agreement was taken out.

 

A SAR would bring you more information as to what and when the last payments were and could go to proving this debt SB.

 

I would of course, also suggest that you take the advice above seriously too.

[UnitedFront]

I wonder if I could just check something.............. You say that they put a charge on your house? Is this for a different debt? My understanding is that to put a charge on a person's property, they must first have a CCJ? (correct me if I am wrong people) Do they have a CCJ against you?

 

The more information people can get, the better they can help!

 

Cheers.

UF

[blossomtree]

We have checked my partners credit history and there is no CCJ for this debt on his file. Yes the charge on the house is for another debt, which Capquest fooled him into thinking it was from now and not 10 years ago! We have not received anything from Capquest other several phone calls and than this letter today that HL Legal sent on Capquests behalf stating that they are going to bankrupt my partner. Is it too late to send of a CCA request? Should he contact this HL Legal or take the letter to a solicitor?

Thanks

Blossom

[harrassed senior]

How long ago was the Charge put on the house? Did you attend Court when the original CCJ was granted? There would have had to be at least 2 Court Hearings to get to the Charging Order.

 

It is not too late to send the CCA - this should be sent to Capquest.

 

However, it does sound as though you may be in a precarious situation as already having a Charging Order could mean that the next stage would be an order to force the sale of your home - if you have not been defending this case, Capquest will deem you to be an easy case and will take it to the limit unless you get some serious advise and act sooner rather than later.

[lilly white]

Well

 

May I Ask Have You Been To Court

[blossomtree]

No we haven't been to court at all and no CCJ's are on the credit file for either debt.

The charge order against the house is for another debt and not this one, but was dealt with by Capquest.

 

Blossom

[blossomtree]

Can I be forced to sell my house if Capquest do make my partner bankrupt considering I own 90% of the house. The debt in question, was taken out by him 10 years ago when we were not together and for a business I had no part in. What should I do to protect my home? Can Capquest do this after 10 years?

[lilly white]

OK HERE YOU GO

 

GET YOUR CCA OFF NOW

 

 

Notice I said at post no6 that there was a requirement for the creditor to be in possession of an enforceable agreement. If in truth the agreement wa unenforceable, then arguably the creditor gave nothing in consideration for the voluntary charge.

 

Of course, at this point in time you do not know if the agreement is unenforceable and no doubt were you to see the agreement and copnclude it was unenforceable the credtior would claim otherwise. In the event there is an issue whwether the agreement is enforceable or not you might bring proceedings for a declaration as to the enforceability of the agrement under section 142(1)(b) of The Consumer Credit Act 1974.

 

x20

[lilly white]

http://www.consumeractiongroup.co.uk/forum/legal-issues/159733-

 

FOLLOW THIS LINK THE LAST ADVISED WAS THE EXCELLENT X20

 

SO GET YOUR CCA REQUEST OF AND WE WILL TAKE IT FROM THERE

[lilly white]

OOPPS

TRY THIS

 

no ccj..voluntary charge...is it enforcable?? - The Consumer Forums

[blossomtree]

Thanks Lilly White

 

I will send the CCA off straight away to Capquest and wait for them to respond. What do I do about this statutory demand they say they have sent but we have not recieved? I am really worried as I do not understand this legal process.

 

Blossom

[UnitedFront]

EDIT: Sorry, people beat me to it!! lol

[lilly white]

Ok I Am Sorrey I Cant Get The Links To Work But I Will.

 

Ok The Capquest Sd

 

The Capquest Debt Is It Over 6 Years Old

 

Is It Stature Barr

[UnitedFront]

If anywhere in the life of the debt there is a gap of 6 years (5 in Scotland) where no payment or acknowledgement of the debt was made, then it is statute barred. Once it is statute barred, it cannot become unbarred!!

 

This is, of course, unless they have a CCJ!!

 

Cheers.

UF

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.

[blossomtree]

Yes it is over 6 years and is stature barred. But Capquest claim that my partner paid a total of 150 pounds on in June 08. He did not pay the money to them for this debt but for the debt which the charge on the house. However, Capquest are claiming the money was paid to this debt.

[UnitedFront]

OK, before he paid this £150, was there ever a gap of 6 years where he did not pay or acknowledge the debt?

 

If this is the case, then their claim that he has made a payment means didly-squat because a stat barred debt cannot become unbarred.

 

Cheers.

UF.

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.

[lilly white]

Ok

 

Well Cca Them For The Agreement And Sar Them For Prove Of The Payment'

 

Lets See What They Have Got.

 

Does Your Partner Have Have Prove Of The Payment

[blossomtree]

Thank you United Front.

There was a 6 year gap where he made no payment or acknowledged the debt. So the debt is SD. What do I do about this bankrupcy threat and how do I stop them making these threats?

 

Feeling alot less worried thank you all

Blossom

[blossomtree]

Hi LillyWhite

 

No receipt as such but I am sure I could find a copy of the payment on a bank statement if needed.

[lilly white]

Ok They Are Peeing In Wind There Is A Letter Just Tell Them To Bog Off.

 

Enjoy The Rest Of The Evening

[UnitedFront]

Blossomtree, in my opinion the debt sounds statute barred. As such, you would have grounds to set aside any statutory demand served upon you.

 

If it were me, I would save my money and effort and just go straight for the stat barred letter from the CAG library:

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

I would send them this and see what they come back with.

 

Have a really nice and relaxing weekend!

 

 

I am not a legal expert and I have no legal training. All of my posts are just my opinion and I cannot be held responsible for their accuracy or the way in which the information etc is used.