capquest say they'll get a charging order if i dont pay them...help

[andywhitt]

Hi I too am in a similar situation

 

today i received a letter from capquest saying they where going to put a charge on our house.

 

I cca this account through another dca 3 years ago

 

im unsure what to do as they couldnt provide any signature then in 2010.

 

This account also has massivea ppi on it

 

ive never claimed due to it being in default

 

i just dont know what to do with it which avanue to go down?

 

heeelp

[renegadeimp]

Have you ever been taken to court bby crapquest? THey would have to do this, follow a procedure, you would have to attend court, and only if they win would they be able to get a charging order.

 

If they dont have a CCA or a reconstituted one, they would never get a Charging order anyway. But you would have to go to court with proof they dont have one.

[andywhitt]

So should i cca them again?

[dx100uk]

own thread created

 

dx

[dx100uk]

await the sar

let see what happens

 

dx

[andywhitt]

Ive done a sar as well got all the paperwork no credit agreement.

[andywhitt]

I have a sar of them from 2010 no agreement.

[dx100uk]

you wont get a cca return with the sar.

 

ok so

 

how much is the debt

 

and have you worked out the PPI?

 

dx

[andywhitt]

The debt is £3921 on a credit card and I have not worked out the ppi no idea how to. I'm just stuck on what to do first ie cca then ppi or ppi and not bother with cca again.

 

Andy

Edited September 11, 2013 by andywhitt

[renegadeimp]

You can do both. No CCA means Crapquest cannot enforce the debt. Meaning they are buggered at getting a charging order, although they can get the CCJ. PPI is seperate and theres no time limit on reclaiming it.

[dx100uk]

a credit card will be huge on PPI.

 

if you've the statements

then start populating this spreadsheet

 

put their int rate in cell d15

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

..................

 

 

however a couple of basic questions need answering.

 

is this debt on your CRA file [see below]

 

when did you take the card out

when did you last use it or pay it

 

dx

[dx100uk]

so you have all the statements?

 

dx

[dx100uk]

andy please keep to this thread

 

you keep posting on other peoples threads

 

dx

[andywhitt]

Yes I have everything dx. The debt is on my file as defaulted in 2008 we last paid them in 2008. Apologies about posting in other threads.

[dx100uk]

so sadlynot statute barred till next year.

 

if you've got all the statements

start filling out the spreadsheet as advised

 

dx

[andywhitt]

Will do dx thanks for the help.