Capquest CCJ

[Tiago]

Hi

 

I recived a letter from Capquest today. I have a CCJ that was issued in 2008 but never defended it as was sent to old address at my sisters and she always returned to them any mail sent as not at address. The CCJ was though Northampton and they knew very well that i was not living there.

 

Now. The CCJ award was for just over £300 that was an old Halifax bank loan (2004) I had a £1000 but failed to make the last 2 payments as became unemployed and they took £35 out of my benift in late payment charges every month for about 2 years, so the whole amount is just made up of bank charges that i have paid at £35 each month.

 

What i am confused about is the letter.

 

They say the balance is over £700

 

Claim issued for over £387

 

But they will write off the reamining balance of 325 + legal charges that was NOT issued upon????

 

Whats all this about part of it not being issued apun? Wouldnt it be statute barred anyway??

 

Pay £250 and this debt will be closed and credit file updated.

 

Confused

[PGH7447]

2 things here you can get it set aside if they did not issue the paperwork to the correct address, and they have also gone for a split claim which is a no no

[Bazooka Boo]

And as you are on benefits the maximum they should have been taking is £1 a month! Get this set aside.

[harrassed senior]

...........and they can't add interest on a CCJ unless stipulated. You must go for a set aside. Here is a link to the forms you will need to get the Judgement set aside. Your reason will be 'Non receipt of paperwork which was knowingly sent to an old address'.

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

[harrassed senior]

Just another point,

 

Was it Halifax or Capquest who issued the original Summons?

 

If it was Capquest, had they bought the debt from Halifax, or were they just acting for them?

 

Only the Creditor who issued the CCJ is entitled to any proceeds (payments) on this account (unless, of course, Capquest make it clear that they are acting on behalf of Halifax).

[Tiago]

Hi thanks for your replys. At first i wasn't really botherd about the CCJ as was issued 3 years ago and they still havent gone back to court to enforce it, BUT all this extra money that they say i owe on top of that, which now looks like they have split the claim dose worry me i think they will try go court again to give me another CCJ by default for the other amount..

 

I totaly dispute the amount. I was paying a loan for 2 years but i only missed the very last 2 payments. So to pay off loan i only had two £50 payments to go, but for two years after i had £35 each month sometimes twice per month in late payment charges which i have paid when they automaticaly took it out of my JSA. Once the bank left me with 90p to live off for 2 weeks when they took 3 late payment charges out at once. I have paid to them about a £1000 in late payment fees

So ALL this £700 they say i owe that has been split in 2 is ALL late payment charges that i have PAID and more so. They have made enough profit out of me!.

 

To answer your question the case was issued by HL legal on behalf of Capquest.

 

I got an email from the court.

 

part only of monies due under regulated credit agreement number *************** between hbos plc and the defendant the benefit of which was assigned to the claimant on *********/2008 the agreement terminated upon the defendant(s) failure to comply with the terms of the agreement and/or the statutory notice of default served by hbos plc the claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07 any payments or queries should be directed to the claimant on: 0870 0843533 (phone) or 0870 084 2570 (fax) or email: litigation@cdrhl.co.uk' I know that i have a CCJ for one half of the debt, but can i send a SAR or CCA and just deal with the other half? Also what about getting all these late payments back?

 

Thanks

[Tiago]

In the email the court sent me it says i'm being charged 8% per annum. Maybe its not actually a split claim and just charges awarded by the court or mixture of both?. Bit confused now as in the Capquest letter it says £325 of the debt was not issued apoun.

[Tiago]

Hi

 

Quick question regarding N244 form to have this set aside.

 

It says at top. "How do you wish to have your application delt with"

 

Should i put at hearing?

 

Then says give time estimate for hearing/confrence? huh whats this about?

 

Now i want to have set aside becuse i never recived claim form to defend in 2008

 

Is there other reason to have this set aside? Maybe becuse the amount is just bank charges? Maybe no CCA? Should i get a SAR request set off first or statment off capquest to find out how excatly they came to this figure? becuse i really dont kow how a £100 debt got to over £700 as its the first time i have recived any letter about this

 

Sorry to be a pain