CCJ - CapQuest/Drysden Fairfax Solicitors

getupoffyourknees

Hi All,
Wonder if you can help/advise, Capquest took me to court and won a CCJ 05/03/2015, paperwork was sent to an old address. So the first I heard about it was 31/03/15 when I received a phone call from the Estate Agents who were in the middle of processing my Rental application. They are none too happy as I failed to disclose it, however I recently ran a EQUIFAX report (14/02/15) and NOTHING showed up regarding defaults on any of my accounts (my Bank gave me a £8k loan last year) so there was nothing to declare! They kindly gave me a phone number I called the court who informed me that it was Capquest/Drysden Fairfax, who I had the misfortune to phone - they told me it was a debt they now own from Lloyds.
So I assume it is an old Halifax Credit Card that goes back more than 10 years which feel into dispute and has over the years been pursued and passed around from one DCA to another. A few years back it all started again I asked for proof of Deed of Assignment and CCA they failed to provide, eventually they did send a copy of my accounts but they actually sent me 10 years of someboby else's - data protection act ?
This is going back 6 years almost to the day, I checked my bank account and a payment was made 07/04/09 to HBOS as my now ex-parnter was stressing about it and talked me into making a payment to the alleged DCA at the time, it was just an internal shuffle. It has been dormant for while but has come back with a vengeance so what now how come it has gone to court this time? Having read up on here I will be applying for a set-aside but I gather it is not Statute Barred?
Oh I now need to move out of the house I am renting by 24/04/15 as I have given notice and it has now been LET and am still waiting to hear back ref: My ongoing application for my new place.
Thank you for reading and look forward to some words of wisdom.

Marktheshark

Form N244 is what you need and apply for a rehearing and defend as statute barred.

fermi

Not statute barred if you made a payment 07/04/09.

May other grounds for a set aside, but not that.

sourcrates

Err, was it an official written request for a copy of your credit agreement, or just a provit letter ?

Non compliance with a CCA request renders an account unenforceable, until they do comply, trouble you will have is proving that fact to a court though.

getupoffyourknees

It was a template letter form this site, sent recorded delivery etc...not sure if still have all the paper work etc as I have moved around a lot due to work and family, but I will start digging while I'm packing.

nafiz333

Hi there,

I exactly have the same situation. Any one went thought the set side process or any solution etc. ?

National_Debtline

Hi there,


I would suggest you take some legal advice before applying to set aside this CCJ. A set aside application now costs £255 to submit (unless you are entitled to any fee remission due to benefits/ low income). If you are unsuccessful the debt can increase through legal costs of the other side (plus, don't forget, your own legal advice).


When you make this application the court will generally assess 3 things. (1). How long has it taken you to submit this application since the judgement (were you prompt). (2). Why didn't you respond to the original claim forms (the creditor only has to send them to the last known UK address). And (3). do you have a realistic prospect of a defence (I agree with Fermi that if a payment was made in April 2009 that would restart the 6 year clock under the Limitations Act and it wouldn't be statute barred if there was a CCJ in March 2015). Good luck,

Laura
@natdebtline

fatbelly

getupoffyourknees wrote: »

Hi All,
Wonder if you can help/advise, Capquest took me to court and won a CCJ 05/03/2015, paperwork was sent to an old address. So the first I heard about it was 31/03/15 when I received a phone call from the Estate Agents who were in the middle of processing my Rental application. They are none too happy as I failed to disclose it, however I recently ran a EQUIFAX report (14/02/15) and NOTHING showed up regarding defaults on any of my accounts (my Bank gave me a £8k loan last year) so there was nothing to declare! They kindly gave me a phone number I called the court who informed me that it was Capquest/Drysden Fairfax, who I had the misfortune to phone - they told me it was a debt they now own from Lloyds.
So I assume it is an old Halifax Credit Card that goes back more than 10 years which feel into dispute and has over the years been pursued and passed around from one DCA to another. A few years back it all started again I asked for proof of Deed of Assignment and CCA they failed to provide, eventually they did send a copy of my accounts but they actually sent me 10 years of someboby else's - data protection act ?
This is going back 6 years almost to the day, I checked my bank account and a payment was made 07/04/09 to HBOS as my now ex-parnter was stressing about it and talked me into making a payment to the alleged DCA at the time, it was just an internal shuffle. It has been dormant for while but has come back with a vengeance so what now how come it has gone to court this time? Having read up on here I will be applying for a set-aside but I gather it is not Statute Barred?
Oh I now need to move out of the house I am renting by 24/04/15 as I have given notice and it has now been LET and am still waiting to hear back ref: My ongoing application for my new place.
Thank you for reading and look forward to some words of wisdom.

Don't just assume what this is. The court will give you the particulars of claim if you ask them.

Just because there is a ccj on this doesn't mean that Capquest wouldn't settle for a reduced sum.

But unfortunately they have the ccj, you don't appear to have grounds for set-aside (shame your ex persuaded you to make that payment) and they now have enforcement options.

So if it is what you think it is you should engage with them