Winning Against Capquest

exbailiff

Hi all

I thought I'd finally join as I've been watching from a distance for some time!

My wife had a debt with Clydesdale Financial Services a few years back which was sold to Capquest. Anyway, they went on to get a CCJ and tried to get a Charging Order, an application which I got turned down! :j

It was agreed that my wife would pay £20 a month against a debt of about £2500. After lengthy chats with Capquest they reduced the balance to reflect a refund of PPI and some extra...and the payments continued.

Acting on behalf of my wife I recently asked them for a complete statement, it eventually arrived and showed that from when they purchased the debt until the County Court claim they were doing their usual trick of adding 1% interest per month! :mad:

I didn't think that this sounded right as I couldn't recall seeing any provision for it in the original CCA. I therefore asked for a refund, after a week of them not returning calls, etc I made a threat of a complaint to the FOS, and suddenly they listen.

My thinking is that if they were not entitled to the interest then the original amount claimed at Court was incorrect and therefore Judgement was granted on an a figure that was factually wrong.

Fast forward to today...I've just had a telephone call from a lady who says that she is there legal manager and she has admitted that it was incorrect and that the contract did not allow for the interest to be charged. She seems VERY keen to resolve the matter mutually. She suggested a balance adjustment to reflect the interest charged and an application to vary the judgement. :rotfl:

My suggestion is to get rid of the Judgement, have it set aside, and make a balance adjustment together with a suitable amount for the distress, etc, etc...she has said that she is unsure if they can set it aside and therefore needs to speak to their solicitors and get back to me on Monday.

I am thinking that if they don't do this then we should apply to the Court to have the Judgement set aside, and then hit them with the full weight of the law from every angle possible.

This is not an area that I am overly familiar with. What are the thoughts of you seasoned MSEs out there? Do you think that we could successfully get the Judgement set aside, and what would we need to put on the Court docs?

I have had some success to date in fighting such companies. I recently got Hillesden/DLC to wipe out an Argos Card account AND remove the default...thanks partly to tips I picked up on this site, and the fact that I became a thorn in the side of Tony Locke (one of their directors), who actually was polite and reasonable to deal with to be fair.

Anyway, sorry for the long post...I'm on a bit of a high at the mo!

Thanks for any help you may offer.