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Backdoor Capquest CCJ - old CAT debt - 3 years after CCA Request not fulfilled


soldat
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Hi everyone

 

Looking for some advice regarding debts my wife and I have.

 

So a little history. We took on several credit cards and a catalogue account. I lost my job and was unable to make the minimum payments after racking up the debt.

 

Debts were eventually passed on to DCAs. Here is a list of them with current amount owed:

 

Cabot £1200 (Wife, originally HSBC - 2007)

Moorcroft £1800 (Myself, originally HSBC - 2006)

Capquest £2200 (Wife, originally Littlewoods - 2014)

 

Debts have been through various other DCAs such as Fenton Cooper, Arrow Global etc. apart from the Littlewoods debt.

 

We were making token payments based on the advice from CAB while unemployed.

 

We have offered settlement amounts to all of them several times over the years only to be ignored or refused (around 40 - 50%). Capquest's best settlement offer at the moment is 29% off.

 

Anyway, eventually got back into work and have been for a few years, and wife increased repayments to £50 each per month in the hope of eventually paying them off to be debt free.

 

Today we applied for a mortgage since we're paying a fortune in rent and were refused on wife's credit rating. We had a look at her credit report today and found that when Littlewoods sold the debt they closed the account with a default notice in 09/2014.

 

From what I've learned, Capquest can no longer add any more default notices and it should disappear off her credit file eventually and we'll have to wait until then to re-apply for a mortgage.

 

After spending some time today reading through various forums including this one, I have realised we been complete mugs paying the amount we're currently paying as it doesn't appear to have any impact on our credit ratings.

 

Should I still be paying these idiots? Should I go back to token payments for the rest of our lives? I now realise there is not much benefit in us paying these debts off. Or is it worthwhile persisting with them to get a reasonable F&F?

 

Any advice would be most appreciated. Thanks.

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Hi soldat and Welcome to CAG

 

Cabot and Capquest buy debts so they may be the legal owners of the debts now...(Littlewoods to Capquest ?) I would send them a CCA request for a copy of the agreements

 

With regards to Moorcroft..they dont and only collect on behalf of ...so send their client a request for that agreement.

 

They have 12 + 2 days to comply and if they fail the agreements are unenforceable in court unless with the courts permission.

 

Subject to their responses you can then review your current payment options.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy

 

I believe Arrow Global are the people Moorcroft are collecting on behalf of.

 

I've read up on CCA requests so will get those sent off. Do I continue to make the same payments as normal between now and the date to comply? I feel like I'm chucking money away if they don't come back with the agreements. (one can hope)

 

Thanks

 

Peter

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Yes...as they make come back with valid copy agreements.

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 Topic please PM me a link to your thread

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Cheers again Andy

 

Wife is panicking. Found some info about on another debt advice website stating if we've sent F&F letters in the past that we've admitted responsibility for the debt. I assume that these hold no weight legally if they don't have the CCA?

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F&F offers are not necessarily an acknowledgement of debt...it could have been made under duress by anyone...even by the the wrong person unconnected to the agreement.

 

An acknowledgement of debt, commonly referred to as an “AOD”, is a document which contains an unequivocal admission of liability by the debtor.

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 Topic please PM me a link to your thread

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  • 3 weeks later...

Hi Andy

 

I posted the CCA Requests off on the 6th August.

 

I've finally had a reply from all three DCAs.

 

Arrow Global: We do not accept we are the creditor as envisaged but are willing to assist with the request. Collection is meanwhile suspended. Find enclosed your postal order.

 

Cabot: We've been unable to get the information requested from the original lender so your CA is unenforceable. But please continue to pay us (pretty please).

 

Capquest: We've forwarded your request for documentation to Shop Direct Finance.

 

Since it's been 10+2 working days, I assume its safe to stop all payments?

 

Cheers

 

Peter

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yes!!

 

2 debts now removed from the cash cowers milking parlour

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... 

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:-D

 

Received another letter from CapQuest today. Placing our account on hold for 28 days while they wait for a response from Shop Direct.

 

Thanks for all your help guys. Only wish I'd found your excellent forum earlier.

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  • 3 years later...

Hi everyone

 

We defaulted with Littlewoods and they sold the debt off to CapQuest in 2014. The original credit agreement was made in 1999. We made token payments to CapQuest from 2014 until 2018 (we didn't know any better). I came across this wonderful forum, learned about CCAs, which we sent off in August 2018 (along with several other DCAs) and they were unable to provide the agreement, and we haven't paid them anything since.

 

We moved house in January this year, we haven't received any correspondence from CapQuest until last week, which was a real surprise after all this time. A "statement of fees". which we ignored.

 

My wife has checked her credit score today and found that she now has a CCJ that was entered onto her report on the 10th November for over £2000 pounds. I think CapQuest have done this deliberately in order to win the CCJ knowing we've moved house and would win since we weren't notified to turn up in court. Infact, if we didn't have the credit report app, I'm guessing we wouldn't know about this until the bailiffs turned up?

 

I understand that I can send a N244 to request a judgement be set aside, but on what basis? That we asked for a CCA and they were unable to provide it? Is that sufficient to have this squashed? Will the court be wondering why we made token payments 3 years ago for 4 years?

Also, my wife is not keen at all in attending court, she gets quite anxious easily, will it look bad if she doesn't attend in person?

 

And lastly, we don't actually know which court, case number etc. that the CCJ was made under. How do we find out those details to put on the form?

 

Thanks very much for any advice, I really appreciate it.

 

Peter

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There are scarcely any in-person hearings nowadays. They are almost all done by telephone and a minor issue like this will definitely be done by telephone.

I understand that you haven't received any papers relating to the claim and also you sent them a CCA request which they did not satisfy.

Have you evidence of any of this?

When you change address, did you inform them as to your new address?

What is the date of this ECJ? Do you have any papers in relation to this now? You should contact the court and ask for copies of everything by email.


 

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Thanks for your reply.

 

We received a letter in response to the CCA saying "Placing your account on hold for 28 days while they wait for a response from Shop Direct." We never received any more letters in relation to this, only the usual statements.

 

No, we did not inform any DCAs of change of address. We didn't think we needed to.

 

The date is the 10th November. We have no paperwork or anything, it's just what's showing on her credit report on the ClearScore app. We've since found the case number on the app.

 

I stand corrected. My wife has just found a letter from them saying they "regrettably" couldn't find the original CCA and were unable to provide it. :)

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old and new threads merged..

so you moved without informing your debt owners...opps big mistake!

now write to the others ASAP simply informing them of your correct address.

 

have you a copy of the particulars of claim please?

if not you need to go ring northants bulk and ask for a copy of the claimform particulars of claim and the address it was served too & a copy of the CCJ. by email pdf

 

then we can move you fwd.

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... 

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  • dx100uk changed the title to Backdoor Capquest CCJ - old CAT debt - 3 years after CCA Request not fulfilled

Wife rang them at lunch time. They've sent 2 emails.

 

1) Particulars and 2) Claim Forms and Guidance.


There's no CCJ or anything. Here is a copy of the particulars:
 

CAPQUEST INVESTMENTS LIMITED vs xxxxxx

Claimant’s Solicitor DRYDENS LIMITED

Tel: 0113 8233377

Ref: xxxxx

Amount:£ 2xxx.xx

 

1. THE CLAIM IS FOR THE SUM OF £2xxx.xx IN RESPECT OF MONIES OWING BY THE DEFENDANT ON A CREDIT AGREEMENT HELD BY THE DEFENDANT WITH SHOP DIRECT UNDER ACCOUNT NUMBER xxxxx UPON WHICH THE DEFENDANT FAILED TO MAINTAIN PAYMENTS. 

2. A DEFAULT NOTICE WAS SERVED UPON THE DEFENDANT AND HAS NOT BEEN COMPLIED WITH.

3. THE BALANCE OWED WAS ASSIGNED FROM SHOP DIRECT TO THE CLAIMANT, AND THE DEFENDANT HAS BEEN  NOTIFIED OF THE ASSIGNMENT BY LETTER.

CONTACT DRYDENS FAIRFAX SOLICITORS ON 0113 823 3418       

 

Think she's gonna have to ring them back.

 

I've sent off the letters to notify other agencies of CoD.

 

Peter

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if judgement was 10th nov this year

give it a few days it could be in the post. and i bet it comes to the correct address..:pound:

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... 

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so then she needs a copy please

 

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... 

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She rang back, they said they don't have the claim form as they don't keep them. If we want a copy, we have to ring their solicitors.

 

Should I get her to ring them for it?


Got the CCJ. What information do you need from it?

 

It shows our previous address, and:


To the Defendant

You have not replied to the claim form.
It is therefore ordered that you must pay the claimant £2,xxx.xx for debt (and interest to date of judgment) and £217.00 for costs .
You must pay the claimant the total of    £2,xxx.xx    forthwith

 

It's dated the 10th November. There's no other details other than how to pay.

 

What do I do now? Pay the fees, and fill in and send off the N244 form? Stating wrong address, include the letter they sent me dated October (showing they had my address in October). Do I mention / include the letter stating they don't have the CCA? Is there a template for this sort of thing?

 

 

Thanks

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so you have everything now

the CCJ copy

and the POC from the claimform.

 

there are 2 things that are needed to be met to get a set aside

 

1. proof that you informed the OC or the debt owner in WRITING of your new address before the claim was issued.

2. a basic defence that shows you do not owe the sum claimed or the sum is wrong.

 

as it goes i cannot see proof of either.

 

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... 

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Thanks dx. I appreciate you giving me your time.

 

Do you mean we don't have any defense to have it set aside?

 

I was under the impression that it'd be set aside purely on the basis it was sent to wrong address and we were unable to respond to the claim.

Edited by soldat
accidental submit.
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can you meet the two requirements?

 

 

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... 

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Well no, I have no proof that I sent a change of address even if I had.

 

I only have a letter that states they were unable to produce the credit agreement.

 

So am I wasting my money trying to get it set aside is what you're saying?

 

Find letter attached.

cca.pdf

 

I also have a letter (notice about default sums) from them dated 27th October to my current address, dated 2 weeks before the judgement date. That would be useful too?

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what date is that PDF please 

and was this to/from you new address or the old one?

Notice of sums in arrears letter was to your present address ?

 

 

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... 

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1 hour ago, soldat said:

I also have a letter (notice about default sums) from them dated 27th October to my current address, dated 2 weeks before the judgement date. That would be useful too?

opps missed this bit 

 

thats good news and useful.

 

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... 

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The CCA letter is dated 12/09/2018 and sent to old address.

 

The notice of sums is dated 27th October and sent to new address. (find attached).

 

The issue costs / fees were incurred on the 11th October apparently.

 

So they filed claim against us to old address, then of a sudden have our new address to send notice of default sums... that's very fishy.

 

nos.pdf

Edited by soldat
spelling
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