Cap Quest Judgment order?

[Skintsuzi]

Have came across this forum a few weeks ago. If only I knew about this forum years ago.

Any way I have recieved a letter at my old address which, as I know the postman was sent/forwarded to my new address.

 

I got into a lot of trouble with credit when I was younger 10years+ ago.

However sold my property at the time and paid off my debts.

 

Dear Skintsuzi

 

Debt purchased from HBOSplc

Balance due 1048.77

Judgment sum 386.99

 

On the 01 Sep 08 a judgment order was obtained against you which represented only a part of the balance due as we endeavored to keep legal costs to a minimum so that we did not place further financial burden upon you.

 

The court Judgment order may now be passed back to our solicitors HL legal to start enforcement proceedings. If this is necessary we will seek to enforce an order of warrant of execution.

 

In this event that we do obtain a warrant of execution, a court enforcement officer (bailiff) will be assigned to attend your address and carry out the warrant. The baliff will take an inventory and levy goods. You will be informed that the Baliff has impounded gooods and you will be asked to sign a walking possesion agreement, acknowledging that the impounding goods are in the possesion of the bailiff. If full payment or a satisfactory payment plan is not made, the bailiff is authorised to remove the goods for sale to pay the debt and costs.

 

As you will appreciate we have already commited to use the court process and this will continue. By obtaining judgment it has prevented the judgment amount from becoming statue barred for a further 6 years, meaning we can still enforce the judgment for that time or longer with the courts permission.

 

We have endeavoured to be fair and reasonable ever since your account has been placed with us, and as one last concillary effort to settle your account we are prepared to accept the following

 

1. Pay the 386.99 by a one off payment or by installment that you can maintain

2. Contact us by the 29th Jun 09 with your acceptable proposals to this offer.

 

In return, as soon as the amount of 386.99 has been paid we will

1 Accept this as full and final settlement

2 Write off the remaining balance

3 Update your credit file with a part settled flag

4 Update the judgment as satisfied

 

This situatio will not go away until such time as you contact us and come to an arrangement to settle your account. If you are in financial diffuclty we will understand, but contact must be made by 29 jun 09 to stop further action and save you more expense and a possible visit from the court baliffs.

 

If no contact is made further action will be taken

 

Yours sincerley

 

Legal Department

 

 

 

Obviously I have not contacted them, and recieved no paperwork from any court, they have sent this to my old address.

 

What is a judgment order?

Should I contact them and if so what do I say?

If they send out bailiffs I am no longer at that address.

I have no idea what this debt if for

 

Any advice, suggestions will be much appreciated.

Edited July 21, 2009 by Skintsuzi

[IdaInFife]

Hi SKint,

 

first of all don't panic we don't have baliiffs up here

 

the first thing is you need to find out if they do have any judgement against you.

 

have you checked your credit file lately? or can you call the local sheriff court to you old address to check to see if they has been ay decree awarded against you.

 

if they have got a decree then you certainly would have grounds for a set aside if you have proof they sent it to your old address after you moved and certainly can then deal with the court papers which we can help you with.

 

 

 

can you remember when the last time you would have made a payment towards the hbos debt?

 

ida x

[Skintsuzi]

Hi Ida

 

Thanks for your response. I have just sent away for all my credit reports today. So will wait and see what i have on there!!

Last payment would have been at the very latest sometime 2002.

 

Im so glad i have found this site , having lots of harrasing phone calls and letters from debt collecters which I assumed i had settled when i sold my house in 1998 to pay them all off.

[IdaInFife]

in that case its would be statute barred so have a good defence.

 

anyhoo lets us know when you have your CF and we can take it from there

 

 

have a read aroung the forums and you will find many people who are in or have been in the same situation but prob if yiu have not had any contact in over 5 years they will all be statute barred

 

 

ida x

[havinastella]

Not only is it Stat barred.

 

Sending Court papers to an old address and splitting the claim is a big NO NO.

 

This should be very easy to get 'set aside'

 

JOgs

Edited July 21, 2009 by havinastella

[havinastella]

Also have a look at these threads

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html?highlight=HL+legal

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151629-debt-over-10-years.html?highlight=HL+legal

[Skintsuzi]

Thanks for all the advice, will look through the forums, there is soo much useful information on here. What a great resource.

[Skintsuzi]

So I got my credit file and I do! have a judgement order against me. Northampton court and never got any court papers. Can anyone help me with my next move?

Thanks

[sillygirl1]

You need to ask Northampton Court for the form to 'set aside' the judgement, as they have abused the county court proceedings. You just tell them they have split the claim claiming legal costs first and then the rest of the amount. They will tell you what to do next, or somebody else on this forum will. You might need to fill in an N244 to 'vary the judgement' which would get it transferred to your local court and you can screw them in return.

[IdaInFife]

wait a mo the op is in scotland.

 

Northampton have no jurisdiction in scotland

 

i'll be back,

 

Ida x

[IdaInFife]

how long have you lived in Scotland?

 

ida x

[IdaInFife]

if you have lived in Scotland for more than 3 months the you will need apply to have this set aside using the N244 (there is a fee of £75)

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

 

you would need to use this at number three:

 

I am applying for the ccj to be set aside because it is denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). It is alleged that a contractual agreement was entered into with the plaintiff. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should have be dismissed with expenses in favour of the defendant.

 

At no time have I received any correspondance from the plaintiff or the Court at my address and have only recevntly discovered that a CCJ was granted by checking my credit files.

 

 

Ida x

[Skintsuzi]

Ida

Thanks very much for the info. I have lived in Scotland all my life. Will try and get this sorted out and let you know how I get on.

[IdaInFife]

need any help give us a shout,

 

ida x

[Skintsuzi]

Hi All

Just thought I would give you an update. I recieved a letter today from capquest.

 

Dear Skintsuzi

 

Account xxxxxxx

Balance 968.11

Debt purchased from HBOS plc

 

Thank you for your recent correspondence.

 

With reference to your email dated . I can confirm that the legal action was issued on the balance of 299.99 in Northampton County Court and Judgment was obtained on 1 September 2008. I can also confirm that we have advised our solicitors to remove judgment from your name as it has been obtained in error.

 

I apologise for the inconvenience this may have caused you.

 

Your Sincerley

 

 

Legal support Associate

 

Does this mean they will take this off my credit file also?

[IdaInFife]

yes they should,

 

idax