capquest debt

daisy2008

hello,can anyone advise.A judgement was made to pay £2.00p per month.in 2007, to Capquest. I paid regularly then i was offered d/debit facility.which i signed and returned I never heard anything more and the money was not taken from my account. I was then informed another court hearing as aanother attempt to have a charging order placed. At this hearing the Judge found a clause stating they could not do this as a judgement had been made to pay £2.00 and only if i had not made any payments.The judge adjourned and gave me time to prove i had made some. Unfortunately a different judge was dealing on my second hearing and was as obnoxious as the capquest solicitor and even though i proved the original judges request.they have now moved the goalposts again and are saying the original judgement to pay £2.00 a month is ridiculous and are looking into getting this amount reviewed.They have adjourned this case again. I have about about 10 other credit cards some with ccj's and others with arrangements to pay monthly and have had no problems with these. I just need to know can Capquest keep doing this any help would be greatly appreciated. Thank you..

rog2

It looks as though Crapquest :mad: are trying to capitalise on the attitude of this second judge.
Normally, Capquest would be bound by the original ccj, and it looks as though they are trying to get the amount reviewed on the basis that you had missed payments - bit naughty considering that it was they who did not present your direct debits for payment.
I would suggest that you have a word with one of the following charities, as you certainly need a bit of free legal guidance on this one:

• National Debtline - www.nationaldetline.co.uk/ - tel. 0808 808 4000
• CCCS - www.cccs.co.uk/ - tel 0800 138 1111
• Your local CAB
• Community Legal Advice - www.communitylegaladvice.org.uk - tel 0845 345 4 345

In the future, never pay by direct debit - it gives the dca the chance to ask for amounts other than those agreed - instead pay by standing order - only you can alter that.

Good luck.