Jump to content


  • Tweets

  • Posts

    • Please would you give us the name of the appeals company which you went with. I'm curious but alos there may be others who have been let down by them and I think that it would be helpful to know. Thanks   I see also that you have been asked to post up certain information/documents and you haven't done so yet
    • The boiler had started losing pressure. I was getting concerned about it. ASG sent me  a letter saying that to keep the warranty valid I needed to power flush.  On the morning of the power flush the boiler failed completely and I turned it off.  The flush technician decided not to flush through the boiler as he was unable to get it to work and reported it as leaking.  I then got ASG to come out the next day. ASG refused to mend the boiler stating that the power flush had damaged it.  I have spoken to the flush technician who has explained he did not flush hot. He has done power flushes for many years and has never seen the damage alleged caused by a power flush.  An independent gas safe engineer has also stated that the damage could not be caused by a power flush.  The boiler was maintained annually by ASG according to the contract. It includes a fifteen year maintenance contract.  I was g I NG to sar them and try going either via the FSA or possibly court. 
    • The Royal Mint has struck a special 50p coin to celebrate 50 years since decimalisation. This coin won't be released into circulation, but what are the rarest and most valuable ones which have? View the full article
    • Thanks very much that makes absolute sense. That’s exactly my aim at the minute to secure my vehicle. That has to be priority before I worry bout unfair payments etc. I sent the letter of complaint in the hope they may enter into a payment plan still. If I thought I had the time until the 31st January then it allows me time to prepare next steps etc.  only problem is If there is a ban on repossessions why were they attempting to do it the other day and saying they still are. 
    • Yes ban ends  31Jan Time order would be good  but Just suggesting a free urgent alternative to buy a 30 day stay BOS are still the Wild West of lending  Law Commissions proposals were dropped by the Government  However once you have secured your car you have grounds for complaints IRL, unfair treatment ,etc Problem is once you sign a bos you have effectively transferred ownership of your vehicle 
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Backdoor CCJ for old CAp1 DEbt being chased by Capquest after 13 years


Recommended Posts

Well after 13 years of no communication with any of my old creditors/ DMC's,  today I had a call from Capquest about a Capital One debt!!!

 

They said a CCJ was registered in 12/07.

 

I didnt acknowledge anything, I merely obtained a reference and postal address.

 

Section 2.4 of The Limitation Act states no action can be taken after 6 years. 

 

Am I correct and what's the best letter to send them?

 

Thanks

Link to post
Share on other sites

sadly a CCJ 

1 stops the SB clock

2. is not part of the limitation act as its a court judgement.

 

however, failure to enforce a CCJ within 6yrs makes it very difficult for them do so and ofcourse would have to return to court the court via your objection would no doubt refuse them.

 

it's just some phone jocky trying their luck that you might be a mug and fund their xmas party drinks bill.

 

IMHO you need do nothing 

did you give them your current and correct address?

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi,

 

No, I did not, I made sure of this. 

 

I want to send them a letter (and advised them this on the phone) but not sure what to send them!!!

 

Thanks

 

I set up my own Ltd company in March 2019 and the registered address was always my accountant.

 

When I changed accountants in May this year I needed to give an address in Wales (I now live in Northern Ireland and it couldn't be used apparently), I changed it to my dads and obviously this is available through Companies House.

 

They have found his number this way I think, but I may be wrong lol.

 

Link to post
Share on other sites

its an extremely stupid idea to go off radar 

thats why you got this CCJ

 

other than informing them of you correct address in WRITING 

there is nothing else you need to do or state.

 

i have never known an enforcement hearing to succeed on a CCJ outside of 6yrs that has to date not been already enforced BUT as the court wont know your address ...it might well succeed.

 

it is a very stupid idea to run away from debts.

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • dx100uk changed the title to Backdoor CCJ for old CAp1 DEbt being chased by Capquest after 13 years

The CCJ was issued in 12/07, the address was an ex-martial home that was empty.

 

I did not go off radar, my circumstances led to no fixed abode for a good 3 or 4 years.

 

There was no way I would of known the CCJ was issued.

Link to post
Share on other sites

good

however i was reading your old thread 

Advice to move forward in life...... - Debt management and Debt self-help - Consumer Action Group

particularly post 8 

 

pers i'd  write simply informing them legally of your correct and current address.

ref their ref number xxxx

 

then you are bullet proof

 

dx

 


 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

nope said 3 times what to do and not.

 

should they try , the court will write first.

as long as the debt owner has your correct and current address.

 

but i've never heard of it for a ccj of that age.

 

dx

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Section 24 of the Limitation Act 1980 applies to CCJs being enforced after six years:

 

"24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due."

 

https://www.legislation.gov.uk/ukpga/1980/58/section/24

 

However, if enforcement action is unable to be undertaken within those six years or enforcement action has been taken but was unsuccessful, leave from the court can be obtained to enforce after the six year limitation. It depends on what action has been taken to enforce the CCJ when the limitation period expires as to whether or not the court will grant leave. It's difficult to do but not impossible. Considering the limitation period for CCJ granted on 12/2007 expired on 12/2013, there is a 7 year gap from the end of the limitation period expiring. The creditor would need an extremely good reason why it has not been enforced before now such as you living in a country which does not have reciprocal enforcement agreements.

 

 

  • Thanks 1
Link to post
Share on other sites

Thank you. As an update, I did a Trust Online search which came up with nothing obviously. I then rang Nottingham County Court and they said that as its so old they can't even give me any details as they changed computer systems and they don't/can't get any details on the CCJ even if they wanted too.

Link to post
Share on other sites
  • 4 weeks later...
On 06/12/2020 at 15:01, Will Goodfellow said:

Capquest doesn't have a hope in hell of enforcing the CCJ unless there are extreme mitigating circumstances. They are most likely trying their luck in you being worried enough by the letter to pay without question.

Hi Will,

 

Should I write to them asking them to stop calling quoting the fact that it is unenforceable?

 

I did send you a PM.

 

Thanks

Link to post
Share on other sites

Please do not seek advice PM.......please read the Forums Rules and guidance.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
1 minute ago, Andyorch said:

Please do not seek advice PM.......please read the Forums Rules and guidance.

 

Andy

My apologies, I PM'd as I felt as if I was persecuted on some replies in this thread and didn't want to make matters worse.

 

Thanks 

Link to post
Share on other sites

I'm sorry you felt that given there are only 3 users posting....please contact me if you have any further queries.

 

Andy

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...