Capquest, charging order. Help please

Sparklyfairy

Hi there -sorry this has happened to you. Creditor are a slippery lot, they know the game & they play it..unfortunately once a creditor secures a CCJ, they can then apply for a charging order even if you haven't missed a payment! In a nutshell, if a judge sees that you're paying a tiny amount on a massive debt, they will go ahead & grant the creditor the charging order. (I know, this is what happened to me) BUT is your debt your sole debt & is your house jointly owned? If so, take a look here at this thread. If not, please don't stress. The co just sits there until it's paid off (or paid when you move). I actually prefer these to bailiffs arriving at my home or a forced bankruptcy. Also, they won't go for a forced sale as they won't get that granted by the courts..someone on here who works in this area within the courts says they are rarer than hens teeth. Please don't stress XX

Savannah31

Thank you so much, that is reassuring.

The debt is in my name only, the property is in joint names, I read somewhere that they can't be granted a CO in this case, is that true?

Sparklyfairy wrote: »

Hi there -sorry this has happened to you. Creditor are a slippery lot, they know the game & they play it..unfortunately once a creditor secures a CCJ, they can then apply for a charging order even if you haven't missed a payment! In a nutshell, if a judge sees that you're paying a tiny amount on a massive debt, they will go ahead & grant the creditor the charging order. (I know, this is what happened to me) BUT is your debt your sole debt & is your house jointly owned? If so, take a look here at this thread. If not, please don't stress. The co just sits there until it's paid off (or paid when you move). I actually prefer these to bailiffs arriving at my home or a forced bankruptcy. Also, they won't go for a forced sale as they won't get that granted by the courts..someone on here who works in this area within the courts says they are rarer than hens teeth. Please don't stress XX

Savannah31

Does anyone know what this means? I just noticed it in the Capquest letter. It says HL Legal and Collections reveived your admission claim form dated 1st April 2012, but it wasn't received until after the time limit so was therefore deemed 'out of time', Judgment was obtained by default on April 2012.

Capquest then said in the letter 'However we are happy to accept your offer for £5 per month'.

I have no idea what all of this means. I just remember I sent back a letter to the court stating my income and outgoings and offering £5 per month.

So am I paying the debt to Capquest if I pay them £5 a month, it will get the debt paid eventually?

sistafromanothermista

I'm not sure but wanted to for you so someone can hopefully answer your questions... Fingers crossed and good luck

Sparklyfairy

Savannah31 wrote: »

Thank you so much, that is reassuring.

The debt is in my name only, the property is in joint names, I read somewhere that they can't be granted a CO in this case, is that true?

Actually, that is GREAT news as this means that what you have is actually a Restriction - since you have a sole debt on a jointly owned property - and although the courts/creditors refer to them sometimes as one in the same, they are distinctly different. Frankly they aren't worth the paper they're written on. The link I added above explains it all - make a pot of tea & browse through it (it is rather long, but well worth it).

Sparklyfairy

Savannah31 wrote: »

Does anyone know what this means? I just noticed it in the Capquest letter. It says HL Legal and Collections reveived your admission claim form dated 1st April 2012, but it wasn't received until after the time limit so was therefore deemed 'out of time', Judgment was obtained by default on April 2012.

Capquest then said in the letter 'However we are happy to accept your offer for £5 per month'.

I have no idea what all of this means. I just remember I sent back a letter to the court stating my income and outgoings and offering £5 per month.

So am I paying the debt to Capquest if I pay them £5 a month, it will get the debt paid eventually?

I would set up a monthly standing order to pay them the £5/month, that way you won't have to think about it & it'll happen automatically. This may not happen but IF they get shirty & you get letters from the court saying something like "you aren't paying what was agreed by the courts" keep that letter safe so you can show them what was agreed between you & your creditor as proof.

Paying £5 probably won't stop them from getting the charging order (restriction) but again, please read through that other thread to explain why a restriction is essentially worthless...

vax2002

Request Cap quest send you the signed credit agreement.

Sparklyfairy

vax2002 wrote: »

Request Cap quest send you the signed credit agreement.

Too late for that - they have already been granted a ccj....

Savannah31

Thank you.

I've read the link, very reassuring.


So who do I ring today, as I have the court, solicitor and capquest all involved? I don't really know what to say or do!


Thanks for your help.

Sparklyfairy

I would just set up the standing order & wait until the 17th July tbh.