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Help to appeal CCJ installment amount


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Yesterday I received my first letter from Capquest saying that they may take me to court and these charges will be added, etc.

 

Then today I received a letter saying that they may apply for a charging order on my property. :sad:

 

I have fallen behind with loads of creditors and I'm trying to tackle each debt one by one within my own timescale not theres,

and usually threat letters don't really bother me but I am quite concerned about this one from capquest (scanned, photobucket link below)

 

Pictures by hjjlhblkb - Photobucket

 

I have cca'd MBNA in the past and unfortunately it looks like I applied on the internet and the agreement is enforceable (also in photobucket link) :sad:

 

What do you think I should do?

Will Capquest apply for a charging order?

There is zero equity in my ptoperty anyway as I bought the property on a 95% mortgage when prices were at there highest before the 'credit crunch'.

 

I need to know what to do here?

 

It's making me very worried :-x:sad::sad:

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Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

I've copy/pasted the above from the OFT Debt Collection Guidelines

In their letter to you they say you can pay by credit card but as you can see in 2.6(b) this is a breach for even if it's not your card they're implying it's ok to get in debt to pay a debt so in my opinion that's immediately one to dispute

More advice will follow I'm sure

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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  • 2 weeks later...

I have received another letter today. I do not understand what it means so I have uploaded it onto photobucket.

 

Pictures by hjjlhblkb - Photobucket

 

Can somebody explain it to me please and what I have to do next?

 

Amongst the threats of bankruptcy they offer a settlement figure which is about 2 thirds of the original they were asking for, do I try and negotiate further? Or do something else?

 

All advice will be apreciated.

 

Thankyou in advance. :)

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Can someone look at the above letter and help me on what I should do next please?

 

DCA letters don't usually scare me but Capquest seem to be very heavy handed and I am a little worried as to what they are going to do :(

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Hello,

 

I would say that they will be able to obtain a Statutory Demand if you owe them,

I believe, over £5,000 as your agreement appears to be enforceable.

 

They can then either apply for a Charging Order over your property, which will sit there until you sell it or they can apply to make you bankrupt.

 

I know bankruptcies can be discharged after a year but it will show up on your credit reference file for six years.

 

I'm sorry to be the bearer of bad news, but I would try to come to some arrangement with them if you can,

so that if they do take you to Court you can show the judge that you have tried to settle the matter before then.

 

I'm sure one of the other posters will correct me if I'm wrong,

but you could check with Citizens Advice Bureau as well as their advice is free.

 

Just a note to all those Caggers out there - thanks for your advice and some of the postings. They've been both enlightening and entertaining in equal measure!

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well the first 2 are standard threat-o-grams and I must say I have never seen an agreement like that before, also if they are offering you a reduced sum they must think its dodgy too.

 

Miss feasance - nice troll like advice for your 1st post:mad:

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Hello, I would say that they will be able to obtain a Statutory Demand if you owe them, I believe, over £5,000 as your agreement appears to be enforceable. They can then either apply for a Charging Order over your property, which will sit there until you sell it or they can apply to make you bankrupt. I know bankruptcies can be discharged after a year but it will show up on your credit reference file for six years. I'm sorry to be the bearer of bad news, but I would try to come to some arrangement with them if you can, so that if they do take you to Court you can show the judge that you have tried to settle the matter before then. I'm sure one of the other posters will correct me if I'm wrong, but you could check with Citizens Advice Bureau as well as their advice is free.

Just a note to all those Caggers out there - thanks for your advice and some of the postings. They've been both enlightening and entertaining in equal measure!

 

I sniff a troll as well :rolleyes::cool:

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well the first 2 are standard threat-o-grams and I must say I have never seen an agreement like that before, also if they are offering you a reduced sum they must think its dodgy too.

 

Miss feasance - nice troll like advice for your 1st post:mad:

 

I sniff a troll as well :rolleyes::cool:

 

I've reported the 'DCA' post hopefully the Site Team will deal with both the post and the poster.

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Sorry, I'm gonna admit my ignorance

- don't know what a troll is!

I'm not from a DCA but have worked in a legal firm.

 

The reason I posted the information about the Stat Dec is because these were used a lot in the last recession in the '80s,

and I know that a lot of people lost their businesses/homes so that's why it sounds so dry, I suppose.

 

I have watched this site for a while because I did not believe that it works,

but I've just been proved wrong by Reliable Collections (J D Williams) who have written my debt off!

 

I'm a bit of a technophobe, and photobucket's the next challenge. Hope this explains a bit.

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Yep, definitely looks like a troll to me (they seem to have been busy of late, especially on high-viewer feedback sites).

 

Avocados - Ignore what Miss Feasance has said, as should everyone else.

 

Miss Feasance - you are well aware of what we mean by troll.

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Yep, definitely looks like a troll to me (they seem to have been busy of late, especially on high-viewer feedback sites).

 

Avocados - Ignore what Miss Feasance has said, as should everyone else.

 

Miss Feasance - you are well aware of what we mean by troll.

 

If it looks like one and smells like one it probably is one....:lol:

 

As for the SD threatogram.....thought Crapquest would've given up on these now the amount of money its costing 'em.

 

Keep waiting for my next one from these chimps so I can earn 500 squid for a couple of hours work :lol::lol:

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Sorry, I'm gonna admit my ignorance - don't know what a troll is! I'm not from a DCA but have worked in a legal firm. The reason I posted the information about the Stat Dec is because these were used a lot in the last recession in the '80s, and I know that a lot of people lost their businesses/homes so that's why it sounds so dry, I suppose. I have watched this site for a while because I did not believe that it works, but I've just been proved wrong by Reliable Collections (J D Williams) who have written my debt off! I'm a bit of a technophobe, and photobucket's the next challenge. Hope this explains a bit.

 

 

Fortunately things are much different than they were in the 80s-including guidance and regulations.

The only ones who appear to be stuck in the 80s time warp are a number of established DCAs who have yet to understand in 2009,they cannot get away with what they did in the past if they dont play by the rules.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok after reading the above; the letters are just standard auto threats and I am to ignore and not worry about them (same goes for the DC troll that has invaded my thread).

 

I beleive the CCA is enforceable though unfortunately, it is an internet application and looks very similar to one I have seen on here while looking through random posts which was said to be ok. :( Or is it very suspicious that they are offering me a settlement figure on only their 2nd letter? Maybe someone could confirm if or not it is enforceable please?

 

And if it is what should I do next?

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Thanks Martin. Avocados, I'm sorry but I didn't intend to highjack your post, and will most probably going to get another earbashing but the reason I posted my comment was because you said you had an enforceable agreement, and that Capquest were threatening a Stat Demand (not Dec - sorry!). You will have 21 days to pay up if a Stat Demand is served, and that hasn't changed. If you're still unconvinced just google "Statutory Demand", or contact CAB and ask them.

 

As I said in my earlier post, I wasn't convinced that you could get your debts written off. I'm being chased by 3 credit card companies and a catalogue. I've been dealing with Capquest, Fredericksons, FTC, you name it, and they have never threatened me with a Statutory Demand,

and that's why I think alarms bells should start ringing.

 

I've just read that in yesterdays's Daily Mail (page 48) that the Commercial Court has thrown one of these claims out last week, and that's why I'm up at this ungodly hour, wondering what to do next.

 

I'm quite happy to scan and email information about me to one of the moderators. As I have said, I'm not that brilliant at technical stuff.

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stat demands can be set aside with the minimum of fuss and bother, half the time if it does get to court the other side dont even show up, thats how they think they can use these things

 

Miss Feance if you are in reality in debt and trying to help then please carry on just that your posts have a definate ring of A DCA drone about them

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  • 7 months later...

Hi

 

Capquest have applied to the courts for a CCJ to be awarded against me regarding an MBNA credit card debt.

 

I have no money to pay them anything - If I had I would have paid already. I have nothing for the court to take from me to pay the debt off - in negativity equity and have mortgage arrears and own noithing of value so don't know what they are hoping to acheive with this.

 

I think there is a valid CCA but not 100% sure on this. There are also charges on the account but I am unsure of how much.

 

Do I make an offer of £1 a month, defend it, let it happen, what???

 

14 days is not long to respond so advice on what I should do first would be appreciated :-|

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avocados,

 

i have had a look at your other thread dealing with the MBNA claim. I suggest you ask the mods to merge the two threads on this forum.

 

The CCA you posted on the other thread seems to include the prescribed terms but is several pages long. I can't recall MBNA having card holders signing a CCA with several pages before. Does the document you posted contain your signature and that of someone from MBNA?

 

I assume you have now received a claim form (N1) from the Court. Is it from Northampton or another court? Can you post up a copy after hiding your personal details and the password if the form was sent by Northampton. Alternativley, can you type up the particulars of claim as stated and also tell us the date the claim form was issued by the court.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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avocados,

 

i have had a look at your other thread dealing with the MBNA claim. I suggest you ask the mods to merge the two threads on this forum.

 

The CCA you posted on the other thread seems to include the prescribed terms but is several pages long. I can't recall MBNA having card holders signing a CCA with several pages before. Does the document you posted contain your signature and that of someone from MBNA?

 

It was an online application I think.

 

There is just a tick this box as a form of signiture but I thought I read somewhere that this is ok?

 

I assume you have now received a claim form (N1) from the Court. Is it from Northampton or another court? Can you post up a copy after hiding your personal details and the password if the form was sent by Northampton. Alternativley, can you type up the particulars of claim as stated and also tell us the date the claim form was issued by the court.

 

Uploaded from Northampton, please see above post

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