BR almost underway but daily calls from CapQuest what should I do?

oliviaolivia12345

I have nearly filled out all the forms for declaring myself BR. I stopped paying my largest credit card bills last month and I am now getting daily calls from Capquest, which hitherto I have not answered. I have informed all my creditors pf my impending BR - what should I do it's casuing me loads of anxiety.

oliviaolivia12345

Since posting my thread above I have just received a scary letter from Capquest saying:

"We note that you have chosen not to deal with the matter despite our numerous communications with you (they mean 5 phone calls) endeavouring to assist you in coming to a satisfactory arrangement to settle this account without the need for legal action.

It is therefore our intention to progress your account to our pre-litigation system where the relevent validations and checks ill be completed. your account will be passed to our solicitors who will commence legal action on or around 01 Jun 07".

I am quite scared as I have not completed the BR forms and my accounts are in disarray. Can anyone advise me as to what I should do immediately?

Bakeybadoo

Ignore, ignore, ignore.

Even if you tell creditors you are going BR, chances are they won't believe you and will continue to hassle you.

Do nothing. Nothing at all. They can do nothing to you. They do not want to spend time and money taking things any further than harrasing you to pay up. It's hot air, just them huffing and puffing.

When is your BR scheduled for?

oliviaolivia12345

Many thanks. It does feel odd just ignoring these letters.

I do not have a date for BR yet - I am still filling out all the forms and sorting out my accounts to send to the Court. I am a tad unfamiliar with how it all works, so these letters are really disturbing as I am not sure where I stand having not actually been scheduled or anything.

I also don;t have the funds free for the fees, so it's a right mess!

Bakeybadoo

Ok, have you called the court you'll be attending. I found it easier to get a date and then I worked on the forms with that deadline in mind.

Are you on any benefits or anything? Are you exempt from the court fees?

oliviaolivia12345

I just get working tax credits, but I earn hardly anything, so woudl that make me exempt?

Bakeybadoo

Yes it would! Working Tax Credit will get you the £150 waived. You still need to find the £385 though.

Stop paying everything but essentials and that means everything, no token payments. eBay anything you can also. That's how we got our money together.

fermi

You should check with the court regarding any exemption of the £150 fee.

See: http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

and

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_0406.pdf

What if I cannot afford the fee?

The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:

• you or your partner receive Income Support;
• you or your partner receive Pension Credit guarantee credit;
• you receive Income-based Job Seeker’s Allowance;
• your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;
• your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;

If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.
For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form EX160A - Court Fees - do I have to pay them? This is also available from any county court office, or from our website www.hmcourts-service.gov.uk. You will have to make a separate application for each fee that is payable.

And the OR deposit is £335 at the moment, which you must pay.

Bakeybadoo

See, now I'm confused by that.

I was told that WTC alone qualified you but I read everywhere that it had to be both WTC and CTB or WTC/low income/disability element.

Hopefully a quick phone call will advise the OP of their individual situation. Or at least they can claim under low income possibly.

Anyway, yes, I did type the wrong amount for the OR deposit. It's because my hubby paid both and it came to £485. I have the 85 bit in my head but as you say, it's £335.

Richard_S

Hi Olivia,

Bakey is spot on, just ignore them; they're toothless tigers, and it's their job to pressure you into paying something you can ill afford to. Even if they take court action it'll be at least six weeks before they get a Court date and even if it was sooner it wouldn't make any difference to the final outcome.

Richard

fermi

Richard_S wrote: »

Hi Olivia,

Bakey is spot on, just ignore them; they're toothless tigers, and it's their job to pressure you into paying something you can ill afford to. Even if they take court action it'll be at least six weeks before they get a Court date and even if it was sooner it wouldn't make any difference to the final outcome.

Richard

Yes. I agree. It's strange but a lot of people mistype when referring to them, and it ends up:

CapQuest = CrapQuest.

I addressed all my letters to them as that, and used that name whenever they phoned me. :rotfl::rotfl:
That really annoyed them.;)

If they phone/write have some fun at their expense or ignore them.