HELP: CAPQUEST arghhhh!

[crazyfox33]

Firstly I would like to say thank you to all the peeps who have given various advice on here, its been great to finally find some help for a very irritating problem!

 

Right here goes:

I had an account methinks in 2002 with Natwest, due to disability, illness, disability of child etc... I could no longer work and had a bit of a breakdown. Anyway years went by, heard nothing, then last year Capquest started ringing 4/5/6 times daily.

(must point out, I only discovered who the debt was for 7 weeks ago!!)

 

They demanded payment (nearly £9000) on a debt that I think was £3000 when defaulted. I told Capquest, that I did not know who they were, what they wanted and from which company they had been sent, they did not care, just kept harrassing. However the funny thing is, I don't remember EVER recieving any mail correspondance from this company.

 

Anyway in Dec 08 they applied for a CCJ, I at that point became concerned that they would take my house etc... (did not know much about the legal side) so I rang them, still did not know who the debt was for, but agreed to pay £15 a month. They carried on with the CCJ. requesting payment 'forewith'. Yeah, single parent, 2 kids, student, benefits and disabled.

 

So after this they resumed their calling, I advised them that I would like CCJ set aside, they laughed and told me they were pushing for my house!

 

anyways in March of this year I got a something from capquest stating in a roundabout way that they wanted a charging order. I phoned them and they told me the case was on hold. I called them again a few weeks later to try and establish if this was a bank debt (had just discovered hardship rules on bank charges), they gave me an account number and sort code, and through my own deduction confirmed it was a natwwest account.

 

That was the last contact I made, they continued with their hounding phonecalls, and very recently even started questioning my 10yr old and 14 yr old about their address, mum, mums dob etc... I have been quite poorly again.

 

The next written correspondance if you like, was from the court with a final charging order dated the 7th July!!!!!

 

I called the court, got the details transferred to my jurisdiction. But note from the court ushery person, that the claimant should have sent me a letter confirming the court hearing date, which they did not. So order was made in my absence.

And the N244??? (reading previous posts) I have NEVER seen till I saw a link on this website, in fact I have had no documents at all from court except the final charging order.

 

Now what do I do .

I sent a very lengthy letter to capquest demanding the CCA and various others, including the notice of assignment, they recieved it on the 28th August (recorded). funny calls seemed to have stopped!

 

Point to note: the 'debt' is due to come off the Natwest side of credit file on 04/10/09! Interestingly, their is no default or anything for that matter in relation to this from capquest on my file, i.e. the debt does not exist.

 

Really could do with some help on this!

 

And I am sooooooooooo sorry for the length of this!

Edited September 1, 2009 by crazyfox33
missing text!

[Delta-Charlie-76]

Don't ring them, they tell many lies & they're bullies. I see that you've CCA-d them, what was the debt for?

[crazyfox33]

The original debt was from a student overdraft, n then charges!

[Delta-Charlie-76]

A Subject Access Request (S.A.R) would cover this, it would cost you £10, send it to the original creditor, whatever you do don't sign the letter. As for the phone calls, if they phone refuse to go through security with them or just put the phone down, there is a letter regarding telephone calls on this forum somewhere. Please Crazyfox, stop ringing them.

[Bazooka Boo]

Jesus! Where to start....

 

Ok, first things first, if the ever do get a CCJ against you without your knowledge you can get it set aside.

 

If they ever ring you again, don't talk to them, just put the phone down, tell your kids to do the same, and for their major breach and unlawfully questioning your children over the phone you need to make two complaints:The Office of Fair Trading: Contact us Although the OFT do not look into individual complaints, it will be prudent to get it logged with them, as they have breached the OFT debt collection Guidelines.

 

Second you need to report them to Ofcom Ofcom again for their persistent harassment via the phone and again for their questioning minors without a suitable adult/parent/guardian/ present.

 

Consumer Direct Complain to these and they will automatically pass your complaint to Trading Standards, plus CD work alongside the OFT also.

 

And just for good measure How to Complain

 

 

I'm not very clued up with the ins and outs of CCJ's so you might like to have a read of this:County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

 

If the debt was from 2002 it would be well and truly Statute barred (SB) by now.

Is the debt, a loan, credit card, overdraft?? Bank charges??

 

So to make sure it is SB, has there been a period of 6 years or more when you have never paid or acknowledged this debt?

[Bazooka Boo]

The original debt was from a student overdraft, n then charges!

 

OK, so the last time you paid for this debt was in 2002??

[Delta-Charlie-76]

May be worth sending a S.A.R

 

Here's the link (I hope it works)

www.consumerforums.com/resources/templates-library/86-debtcollectors/576-subject-access-request-debt-a-dca

[Bazooka Boo]

Crazy fox when was the last time you paid for this debt?

[crazyfox33]

yup, it was a student account initially. But natwest no longer 'own' the debt, capquest obviously bought it last year. The default on my credit file is for the Natwest side, which comes off 04/10/09. Their is no default for capquest. No SD's no letters, and thanks to your forum, I do not speak to them, the questioning my kids came about when I refused to speak to them, told them to put all future correspondance in writing. The CCJ and charging order is for the debt, but not via natwest, via capquest! surely I can defend/strike off etc... due to no default/entry to CF/ no SD etc etc??

[crazyfox33]

I did not acknowlege debt, but due to duress I said I would make a gesture (non-predjudiced) of £15 due to threat oif taking house!"!

[crazyfox33]

this was last year, but they say no payments recieved, don't think I sent any, due to not sure who they were

[Bazooka Boo]

But had there been a period of six years where you didn't make payment?

[crazyfox33]

yes, I made no payments at all to natwest. Capquest 'bought' the debt last year

[Bazooka Boo]

yes, I made no payments at all to natwest. Capquest 'bought' the debt last year

 

OK, but Cr@apquest have managed to obtain a CCJ??

 

 

http://www.trustonline.org.uk/

[Mrs E Blackadder]

Hi Crazyfox. I am just wondering if you have moved home since you had the bank account and whether or not correspondence could have been sent to an old address. This leads me to another thought, which is could the charging order have been made against another property that you previously owned? I know the chances are slim, but the reason I ask is that if someone tries to apply to have a charging order applied to your property, you would receive letters from the Land Registry allowing you the opportunity to appeal (even though they never do anything about your appeal!!) I know, because thanks to my ex there are 3 charging orders on the property I live in, and I have received letters from the Land Registry, the solicitors of either the creditors or DCA, and also the courts because I have an interest in the property. If you haven't received such paperwork it leads me to believe that Crapquest haven't behaved quite legally, especially with regard to the Land Registry stuff.

 

I may be barking up the wrong tree completely, but if Crapquest haven't done what they are supposed to do and this has lead to you not receiving the correct information then you might be able to stamp on their heads for it.

[Bazooka Boo]

And I'm concerned how cr@pquest managed to get a CCJ for a SB debt!

It's late and my head is beginning to hurt, so I'm off to bed, will come back tomorrow to see if I can help out at all..laters...........

[Delta-Charlie-76]

Just a thought, do Capquest buy debts or just act as agents for the banks/credit card companies?

[Mrs E Blackadder]

They buy debts Delta Charlie. Have a quick squint at their website, where they are quite happy to brag about such things! They might act as agents as well, they probably have to decide which option gives them the chance for the most harrassment.

[crazyfox33]

And I'm concerned how cr@pquest managed to get a CCJ for a SB debt!

It's late and my head is beginning to hurt, so I'm off to bed, will come back tomorrow to see if I can help out at all..laters...........

in response: the statute bar comes into effect on the 4th October this year, no its on this house. I did get a land registry thingy, confirming I owned the house and the mortgage comapny and council had an interest. but did not get anything from land registry, well not yet anyway

[crazyfox33]

:-xRight I had a letter today from capquest, saying they have asked Natwest to send the relevant paperwork etc... They also said my other request was a SAR, however they have asked me to send a copy of my drivers licence and proof of address. Not happy to do this, ideas???

 

They have not send my account ison hold, but I am assuming they still have to comply with my requesty by the 7th September???

[Mrs E Blackadder]

DO NOT send them copies of your driving licence or proof of address. They have no legal right to ask for them, so you have no need to send them, and they are probably only after them so that they can use them against you in some way. If I have read your thread correctly then I really can't see why they would have any need for such information. Have they said why they want them?

 

Other people with better experience of dealing with this bunch of idiots will be able to give you further advice and info on why you shouldn't send them anything, but I suspect most will suggest you ignore them!

[crazyfox33]

DO NOT send them copies of your driving licence or proof of address. They have no legal right to ask for them, so you have no need to send them, and they are probably only after them so that they can use them against you in some way. If I have read your thread correctly then I really can't see why they would have any need for such information. Have they said why they want them?

 

Other people with better experience of dealing with this bunch of idiots will be able to give you further advice and info on why you shouldn't send them anything, but I suspect most will suggest you ignore them!

 

 

I thought so, thanks hunni!

The letter says exactly the following:

 

Power of Attorney : National Westminster Bank

We acknowledge your reciept of your letter dated the 25th August 2009 enclosing £1.00 fee and can confirm we have ordered copies of the original agreement, statements and default notice from National Westminster Bank Plc. These will be forwarded to you upon reciept.

then makes mention of subject access request etc

 

...Please also supply proof of your identity, such as a driver's licence, and a document that links you to your current address.

 

Yours sincerely

 

ineligle scribble

 

Legal Support Department

 

do i take the 12 + 2 from the 25th or from the date they recieved it which was 28th?

 

Also from what they are saying, they do not own the debt, and it still is owned by Natwest????!!!???

[42man]

Report them asap to the OFT.....they are NOT allowed to ask for ID....this is what the OFT say -

j. requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures

[42man]

Secondly if there is a gap anywhere in the life of the debt where you haven't made a payment for at least 6 years then it will be statute barred, and not even a recent payment can unbar it....yo uMUST apply an N244 to the courts to get this set aside, you can find this here - Removal of CCJ's - Step by step guide to the process If the debt has grown to that kind of amount, then i'd be wanting to know how it got this big....and please report this also to the OFT....it may even be possible that they may owe you more than you owe them in excessive charges....

 

PLEASE get this set aside - this link may well help you - http://www.consumeractiongroup.co.uk/forum/legal-issues/194495-ccj-received-statute-barred.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156502-registered-county-court-judgement.html

 

If they do attempt a charging order then at the same time you need to apply for the original CCJ to be set aside....as at a charging order the issue is the charge and NOT the original judgment...UNLESS you put the set aside in in which case they would both be heard at the same time....

[crazyfox33]

Hi everyone, just thought I would give you all an update and ask for further guidance. The deadline for the CCA was on the 7th September, they only responded to say that Natwest have been contacted and asked to send the 'true copies' statements of account etc... I have recieved nothingm not a thing!

they did not say account was on hold in their letter. And funnily enough the phone calls have started again! What should I do now?

Should I write to the court with the 'lack' of their evidence and my case and request both the charging order and CCJ set aside under these grounds?

Any help gratefully appreciated!:-?:-|