Capquest

SunnySingh

Hello,

And firstly let me apologise if something similar has been posted.

The reason I need some advice is that my wife and I have been married for 5 years, and in the past week we've had bailiff letter come to the house.

Today, We received a red note through the letter box claiming that if we do not contact the bailiff, they would force entry to seize goods.

The Name on the debt is apparently for my wife in her maiden name.

Along with that red notice, we received a notice from the county court claiming she owes £3000.

Now we've never heard of capquest, nor are we aware of any debt in her name (we cleared it off before we got married)

It just seems like a debt has just appeared and we have no way of sorting it out without paying for something we don't owe.

Now the questions I have are as follows:

1. Can A bailiff force entry if we're not home? (we both have full-time careers)

2. Can someone chase a debt that is in a maiden name from over 5 years ago?

3. How do we get out of this if there is nothing appearing on her credit rating? (we only bought and moved into our house 18 months ago)

4. Is it legal what they're doing? It does seem like bullying tactics.

I'd appreciate the help as this is something I want to sort out asap.

Thanks in advance.

Sunny.

michael1983l

Is it for non payment of council tax or unsecured debt?

I do not think a Bailiff can force entry in any situation so it might be worth keeping hold of that card and complaining about them to the FOS.

Just noticed you said county court, so it is unsecured.

its_maths_not_magic

One of the best places you can go for advice is the National Debt line - the contact details are in the last sticky of this forum called where to go for help. They can give you far better advice than I could, and are lovely to deal with. Hope that helps.

dancingfairy

SunnySingh wrote: »

Hello,

And firstly let me apologise if something similar has been posted.

The reason I need some advice is that my wife and I have been married for 5 years, and in the past week we've had bailiff letter come to the house.

Today, We received a red note through the letter box claiming that if we do not contact the bailiff, they would force entry to seize goods.

The Name on the debt is apparently for my wife in her maiden name.

Along with that red notice, we received a notice from the county court claiming she owes £3000.

Now we've never heard of capquest, nor are we aware of any debt in her name (we cleared it off before we got married)

It just seems like a debt has just appeared and we have no way of sorting it out without paying for something we don't owe.

Now the questions I have are as follows:

1. Can A bailiff force entry if we're not home? (we both have full-time careers) No, not unless it's a possession warrant or it's to fit a meter (ie electric)

2. Can someone chase a debt that is in a maiden name from over 5 years ago?Possibly. A company has 6 years to take you to court and try and get a CCJ against you. After this time they can hassle you but if they did try and take you to court then you can argue that the debt is staute barred (ie it will still technically exist but they are out of time to enforce it). The important thing is whether there has been a clear 6 years where your wife has not written to the company/original creditor about the debt nor made payments towards the debt. That is the critical thing. It sounds like the debt may be statute barred or about to become statute barred. You need to find out urgently where things are at with the court case. It sounds like she has been taken to court in her absence, the creditor has won and has appointed bailiffs. You probably will need to apply to get the judgement set aside -possibly on the grounds of statute barred? possibly that she doesn't owe the debt? Have a look at the National Debtline website as they have loads of really usfeul factsheets.

3. How do we get out of this if there is nothing appearing on her credit rating? (we only bought and moved into our house 18 months ago). Check all 3 credit files - experian, equifax and call credit.

4. Is it legal what they're doing? It does seem like bullying tactics.

I'd appreciate the help as this is something I want to sort out asap.

Thanks in advance.

Sunny.

You definitely want to get on to it asap. Check out this factsheet from National Debtline herehttp://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
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Zzzz_2

SunnySingh wrote: »

Hello,

And firstly let me apologise if something similar has been posted.

The reason I need some advice is that my wife and I have been married for 5 years, and in the past week we've had bailiff letter come to the house.

Today, We received a red note through the letter box claiming that if we do not contact the bailiff, they would force entry to seize goods.

The Name on the debt is apparently for my wife in her maiden name.

Along with that red notice, we received a notice from the county court claiming she owes £3000.

Now we've never heard of capquest, nor are we aware of any debt in her name (we cleared it off before we got married)

It just seems like a debt has just appeared and we have no way of sorting it out without paying for something we don't owe.

Now the questions I have are as follows:

1. Can A bailiff force entry if we're not home? (we both have full-time careers)

2. Can someone chase a debt that is in a maiden name from over 5 years ago?

3. How do we get out of this if there is nothing appearing on her credit rating? (we only bought and moved into our house 18 months ago)

4. Is it legal what they're doing? It does seem like bullying tactics.

I'd appreciate the help as this is something I want to sort out asap.

Thanks in advance.

Sunny.

Hi,

CapQuest is a debt collection agency, not bailiff! these collection agencies send RED letters worded in a way to look like bailiff but they are not!

Bailiff can only enforce a court order but they CANNOT force entry into anyone's property!

harveybobbles

Was it a bailiff or just a scumbag DCA?

What was the actual name of the company who put the letter through?

Monkeyballs

Also,

If the loan is in your wifes maiden name and you have been married for 5 years... Any clue as to what this might be? If it's over 6 years old then it could be statute barred?

Also, who sent the County Court letter? What name and address is on there? What does it look like? Does it give any indication as to who the debt is in favour of?

MB