Capquest got CCJ on SB'ed debt - set aside, now after compensation for damage to me via CRA file

[justin4real]

Hello everyone.

 

heres my problem.

 

i went after a new double bed last month and got turned down.....

 

i went home and got a credit report done of myself to which it come up saying i had a CCJ from northampton CCBC (bulk centre lol) with an amount of £388 pound. so I phoned them right up and they said its capquest and here is the account number. phoned up capquest and they said that i now osed them £588 how can i owe them £588 when the ccj is at £388..

 

can anyone help me on this matter as this account i know they have not got any of the paperwork for as i have asked them for it with no reply from them in a month.

 

many thanks in advance

[Guest Cartaphilus]

Oh, Carpquest, again.

amount of £388 pound.

 

To what, whom? Credit card, loan? Bank account?

 

phoned up capquest and they said that i now osed them £588 how can i owe them £588 when the ccj is at £388..

 

Others with more knowledge will be along but for now ... don't waste any more time on the phone with Carpquest.

[justin4real]

yes they phone me at least 3 times in morning then again at 4pm every day but they had abtained my phone number illegal means i suspect as its on my partners name as its her second contract phone number.

[Guest Cartaphilus]

Well, for now, you are going to get this asked anyway in order to give you more help with this: who was the creditor, what kind of debt is this?

[justin4real]

Its FOR a capitalone credit card that defaulted back on 08/04/2002 and CCJ judgement passed in october 2008 according to info i got out of capitalone and ccj info on my credit history

[justin4real]

Please help me out people as this is really getting me down with them waking me up at 9am or before.

[cerberusalert]

I take it you never received any court papers and they have used an old address to obtain this CCJ?

 

Also with the dates you've have given it would have been Statute Barred anyway if no wriiten acknowledgement or payment was made for a clear six years (5 in Scotland).

[Guest Cartaphilus]

Its FOR a capitalone credit card that defaulted back on 08/04/2002 and CCJ judgement passed in october 2008 according to info i got out of capitalone and ccj info on my credit history

Thank you. The more information the better. Right, so that just leaves this CCJ thing and everything else to deal with. I can't help with that but sure someone else here will be able to.

 

Crossed posts.

[justin4real]

they used an address for me which i have not legally lived at since 2004. which my father lived at the address up till jan 2008. i was homeless for over 18 months stopping others addresses. till july 2008 and upto aug/2009 now since moved to where i am now.

[postggj]

FOR A START

 

SEND THIS BY RECORDED DELIVERY

WHEN WAS THE LAST TIME PAYMENT WAS MADE

 

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[justin4real]

a bit more information is that the credit limit was only £200 lol and people tell me not to pay more then the £200 but i wont pay anything if I dont need too. but they can forget the £588 they say i owe.

[justin4real]

To be honest i have not paid them a penny not even when they had phoned me over and over again for one whole monday afternoon a few weeks ago.

[postggj]

So You Have Not Paid The Debt Agency A Penny

 

When Was The Last Time A Payment Went To Capone Prior To The Ccj Date

[justin4real]

that would have been january or febuary of 2002. thats to what i can remember i know they had added 2x £36 for late payment and an overbalance the last time i saw a bill

[Guest Cartaphilus]

a bit more information is that the credit limit was only £200 lol and people tell me not to pay more then the £200 but i wont pay anything if I dont need too. but they can forget the £588 they say i owe.

Ah, I see, you went over your limit, that's how this has all come about or made no more payment to the card eg regular monthly ones, which might explain the £388 figure (?). Doesn't really matter TBH but it would explain things a little better.

 

To be honest i have not paid them a penny not even when they had phoned me over and over again for one whole monday afternoon a few weeks ago.

Well, send them the letter as provided by postg ... Don't sign it BTW, send recorded delivery. Is it also possible - your partner's mobile? - to get the number blocked on the handset, just for an immediate solution as it's disturbing you a lot in the morning? Edited May 28, 2010 by Cartaphilus

[postggj]

So The Last Time Payment Was Made Was Feb 2002

Ccj Date October 2008

 

Thats Statute Barred

 

No Wonder Crappyquest Went For A Previous Address

 

You Never Received The N1 Claim Form Also

 

These Are Grounds For A Set Asside

[justin4real]

i will try that as they are only using 2 numbers at the min 01252 576436 and 576300. would love it to stop

[cerberusalert]

You should read this; National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court because you never received the court papers you should apply for a set-aside. Depending on your circumstances the fee may be waived.

 

They will not be able to reapply because the debt was/is Statute Barred.

[postggj]

Read My Mind As Usual Cerber

 

Great Link

[justin4real]

the website you forwarded me to and i did speak to there support line are ok but may have to go to solicitors to deal with this matter by what they said as they will have access to records that capitalone will not send to me.

[cerberusalert]

I doubt you need any records from Crap1 & even if you did it would only need a SAR which would cost £10 http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[justin4real]

hello all

 

my story is as follows;

 

Capquest DCA obtained a CCJ against me in october 2008 to which i had no knowing of untill i decided to get credit.

 

since then i have had many arguements regarding the CCJ and have told them many of times that it was statue barred at time of them submitting it 2008 till 2011, year has passed since i last spoke to them on the phone as they had phoned over and over again to which i got the police involved and was allowed to change my number free of charge because of nusance phone calls from them as they known i worked nights (loved to phone me at 9:15am every morning).

 

this month i decided to write to them regarding the CCJ and i got a set asside letter as they had recieved my letter containing the original default letter i recieved from the company i had the debt with.

 

along with this i got a letter from the solicitors they als deal with asking me to sign the set asside letter to which i have signed and sent back to them, i have recieved the signed copy from them and a letter saying they have submitted it to the County courts.

 

now i am wondering if i can sue them for damages to my credit and also for anything else as they had obtained a CCJ knowing that the debt was statue barred at the time they submitted it to the Courts.

 

according to the letter i have recieved they have stated that the account is indeed statue barred at time of going to county court.

 

please if anyone could help me as i am at my witts end with this company as i would love it if i am able to small claims them / go to a solicitor and have them pay for all the hours of arguing with them telling them it was statue barred?

 

regards

 

Justin.

[justin4real]

i am currently writing a follow up letter asking for them to make me an offer for damages at the moment but not sure if its going to be right to send them a letter asking for them to do an investigation into this matter and demand costs for the damage/ Problems they have caused to me and my life with having illegally obtaining a CCJ against me.

 

just wondering what amount can be agreed as normal considering it was not a Legal CCJ.

 

dont think £5000 would do it. 7.5K id settle with. but i would be happy if they would ask me lol.

 

[Sidewinder]

Thread moved to the Legal forum

 

Did you have any communication before the CCJ was issued? Did you ever have the opportunity to advise Capquest that the debt was SB?

 

Not sure that you can go for compensation TBH. I think a creditor can seek Judgment on a debt - the problem - and therefore a cause for compensation - for them would only be in pursuing it after a debtor has stated that the debt is SB. Even if they knew or believed the debt to be SB it is not unlawful to issue a claim unless the debtor has asserted the debt as being subject to the Statute of Limitations.

 

Begs the question as to why you knew nothing until the CCJ - moved house maybe - but beyond the set aside I don't believe you have a case simply on the basis that they issued a claim.

[justin4real]

I had told them after i found out about the CCJ, that the account was statue barred at the time it was filled to the county Court.

 

I have had them phoning me regarding the Amount Outstanding to which i replied it was statue barred. they replied that makes no difference to them. i still owed them the money.

 

As to them getting the CCJ they must have had the same paperwork i have. applying for a ccj knowing that the account was statue barred at time is illegal.

 

thanks for posting in right section on your site.

 

regards