Please help me CCJ help after 5 years - CAPQUEST

[Headsand]

Hello,

 

Please can someone help me with advice as information is conflicting and I am really stressing. Sorry this is a bit long but I wanted to explain as much as possible.

 

I recived a bailiff letter from my local council regarding some court papers they want to deliver to me relating to a CCJ from just over 5 years ago from a previous address.

 

I have lived at my new address for almost 5 years and haven't heard anything about this debt since I have been there. I recently was thinking about moving and went through some reference checks and discovered this CCJ (previously lodged with Northampton but now seemingly) moved to my local council (6-7 years back I had a breakdown and buried by head in the sand with regards to debts so I don't even know what this is for). As this CCJ was coming up to the six years (in 10 months) I was advised to just let it drop off my credit file (it's for £4500 and I am not in a position to repay it, also if they contact my employers my job could be at risk).

 

The creditor is Capquest who I understand are a debt collection agency, I have also been getting about 10-15 calls from them a day ( I haven't spoken to them as I let the calls go to voicemail) on all my contact numbers so I am guessing that the property reference check has brought me and this debt as well as my contact details to their attention.

I have some questions

 

What do I do in the first instance I haven't been able to sleep for the last 3 days?

Do I have to pay this? What are the implications if I don't?

Should I respond to the letter? If I don't respond to the letter, could they contact my employer?

After 6 years does the debt become statute barred?

After 6 yaers can they still ask for payment?

 

Thank you for your help and advice in advance. I know I should have paid my debts but I was really not in a good way back then. It doesn't make sense that they would leave it all this time and then make such an aggressive approach for payment with just a year to go.

Edited April 11, 2012 by Headsand

[asokn]

So, to clarify, were you aware the creditor was taking you to court all those years ago? Do you feel that you have any grounds for saying that the money is not owed? Do you want to/can you pay the sum due by instalments?

[Headsand]

No because I had moved at that time, the first I knew was from the credit report, because of my condition before moving I was literally just sticking my post unopened in drawers so I don't even know who the original creditor is or even whether it is an enforcable debt. I can't afford to pay back £4k and wanted to see whether there was any way around it.

[Ganymede]

Hi,

 

Ordinarily I would ask of you received the necessary documents from the Court originally but if you didn't open your post you cannot know!

 

You could try to set aside the CCJ, request a copy of your agreement from the Claimant and Defend.

 

Also, a CCJ cannot become 'statute barred' in the strictest sense but if the Claimant has left it for over 6 years then they would probably need permission of the Court to enforce the CCJ.

 

The methods of enforcement can include bailiffs, attachment of earning (your employer would be notified) or charging order on your house. There are other less popular methods of enforcement too.

[Headsand]

Hi again,

 

What do you mean by the other means? Can anyone provide me with any advice on the questions I submitted in my first post , or more of an insight in how the CCJ process works after this period of time?

 

Thanks

[asokn]

I have some questions

Do I have to pay this?

What are the implications if I don't?

Should I respond to the letter?

If I don't respond to the letter, could they contact my employer?

After 6 years does the debt become statute barred?

After 6 yaers can they still ask for payment?

 

1) Yes. You do have to pay as there is a CCJ in place. You may want to consider applying to the court to vary the judgment so that it is payable in affordable instalments.

 

2) If you don't pay, as Ganymede has said, the creditor will look to enforce the judgment.

 

3) If you consider that you have anything to say, such as an offer of payment, then by all means respond to the letter but you are not legally obliged to.

 

4) The creditor could apply for an attachment of earnings order which your employer would be notified of. I don't believe the creditor can just contact your employer to put pressure on you.

 

5) No. Although, again as Ganymede says, an application to court would be necessary to enforce the judgment save for an application for a charging order.

 

6) Yes.

[asokn]

What do you mean by the other means? Can anyone provide me with...more of an insight in how the CCJ process works after this period of time?

 

I suspect that Gaymede may have been referring to bankruptcy and third party debt orders as the other means of enforcement. I'm not sure there are very many others.

 

As for an insight into the process there is no real process as such. The creditor will take whatever step or steps it considers appropriate, from the menu already described, and will try to recover its money. If there are any particular methods of enforcement you would like to hear more about, or if you get notice that enforcement is going to be attempted, then just ask.

[Headsand]

Thanks for your help everyone, just one other query. what do I do as a first step? Should I contact the court? I've read some nightmare stories on here about Capquest so don't really want to call them, I know you mentioned that I could respond to the letter, I just don't kow how I would go about starting to make payments or who I need to contact? Sorry for all the questions just confused that after so long they would contact me with just a year to go on the 6 years.

[Headsand]

I am still getting swamped with calls from CQ, can someone advise on what I shoud do as a first step? Should I contact the court? Contact CQ, seek legal advice?

[Headsand]

Also how would I go about finding out who the original creditor was?

[brokebutnotbeatn]

Who has the CCJ? A DCA won't it will be the original lender.

[Headsand]

Thanks for the response much appreciated! I checked on my credit report and it doesn't say, it just says Northampton CC, the notice I have received is from a different local CC bailiff enforcement office stating that they have documents that require my attention and to telephone them to arrange to deal with the papers, I haven't ever physically seen any CCJ document as it's for my old adress and I have been moved now for nearly 5 years. The claim number on their letter corresponds with the orginal CCJ from Northampton as per my credit file and on the letter the subject section shows as Capquest Investment with Debt of £4200.

 

If a DCA can't issue a CCJ who is now enforcing this through the court and why are Capquest contacting me? Can they start enforcement? Very confused and worried.

Edited April 13, 2012 by Headsand

[Headsand]

OK so I called the local county court quoting the claim number written on the letter, and they had no record of it at all so couldn't help me. They confirmed that the bailiff in question does work for them but that the information on the letter he posted to me didn't link or correspond with anything on their systems so they couldn't help me with any information with regards to the letter.

 

As a side and not sure whether this is even relevant the letter template itself looks like a photocopied scan the top is cut off, by virtue of it being a copy and the telephone number printed on the header is no longer in use. His mobile number rings but he didn't answer it. I have also checked his details on the bailiff register and there is nothing there. I asked the person I spoke to at the court whether they would ordinarily send original or copied letters and she said that they would send original letters but unless she saw it she couldn't confirm whether it was genuinely sent by them.

 

I am still getting hounded by CQ which seems odd as they have apparently asked the court to enforce this debt.

 

Could it be possible that CQ is getting this bailiff to sent these letters that look like they are from the court as he has access to the templates, it seems odd that my local court office doesn't have the claim number, I haven't tried to call Northampton yet which is where the original CCJ was issued.

 

Any thoughts or advice?

Edited April 13, 2012 by Headsand

[sleepingdog]

Hi headsand , it looks like capquest bought the debt then went down the route of claiming themselves. You could phone Northampton Bulk centre and ask them to send you a copy of the origonal court claim which should be the claim number that you mention, then you would know what the claim is for.

sleepingdog

[debbbbsy]

You could send Capquest a SAR, and also the Prove it letter and the don't phone me or I'll report you to the police for harassment,you'll find them in the letter template library. Force them to show you exactly what they have.

 

Debbie

[Headsand]

Thanks guys, I have contacted both courts and the Claimant is Capquest, I have contacted the local court bailiff directly and he said he will hold on until I send CQ the SAR as suggested to find out what it's for (not sure if that's usual for a bailiff???. I hope so! Thanks for your help so far.

Edited April 16, 2012 by Headsand

[Headsand]

Sorry one more thing, as I never physically recived anything from the courts does the set aside apply, if not can someone explain in simple terms what set aside means in the case of a judgement and what steps I would need to take?

[debbbbsy]

Hi,

 

if you can provide documented evidence showing you were living at a different address to the one on the claim, a council tax letter, a utility bill, than the answer is yes, you can apply to have the CCJ set a side.

 

You will file an N244, the Claim was issued to an incorrect address and you were denied the opportunity to acknowledge and defend the Claim. You will have to pay a fee, if you are on benefits this fee is waived.

 

If you pay, keep a receipt, and when the CCJ is set a side, file a claim against Capquest for all costs incurred.

 

Debbie

[Headsand]

Thanks Debbie, I have my tenancy agreement as well as bills. The date on the CCJ is March 2008 I moved to my new address in August 2008 but was going through some issues at that time and left my job, had a breakdown so as mentioned in one of my earlier posts I wasn't dealing with anything let alone my post. I guess that set aside is not an option unless my state of mind at that time could be a defence, my doctor can confirm and I was on medication. I think it just seems easier to contact CQ in writing via a SAR and get them to send me details of the original debt and creditor then deal with the courts directly. Any thoughts?

Edited April 17, 2012 by Headsand

[debbbbsy]

Okay,

 

Because of the age of the CCJ and the fact that you never acknowlged the claim, and they never made any attempts to further enforce the claim. And as the courts nolonger hold any records you may want to consider making the application anywhere.

 

State that you have only recently discovered the CCJ. You had no knowledge of a debt with Capquest. As they are seeking to further enforce this claim with a bailiff, you have the right to challenge the original claim. State that if the original claim was enforceable the claimant will have no problems providing proof to substantiate the debt.

 

Also, as for the bailiff, you are under no legal obligation to allow a bailiff to enter your property. If you have a car, don't park it on your driveway. If they knock on the door, they can only enter if you invite them in.

 

Debbie

[Headsand]

Sorry Debbie, the courts do hold records I called the Northampton Bulk Centre who confirmed that it had been transferred to my local CC and I have since spoke to the court bailiff who is apparantly just looking to serve me papers and will wait until I have contacted CQ to find out what is going on.

 

Shoud I write to my local CC as you have instructed above and then separetely to CQ for the debt and original creditor info?

 

 

Thanks again.

[Headsand]

Can any bailiff experts give advice on whether this is usual? Does a baliff that works for the court itself work differently to a company baliff?