Full & Final - CapQuest & others

HillaryDD

Hi All, Ive been trawling through this site checking all the posts for many months. Finally thought I must join tonight and post a question hoping someone with more knowledge than me can clear a few areas up for me. I tried reading other post and I'm now even more confused !

First a bit about me:
- Over comment on debt that final got out of hand back in 2008 (£38K)
- Set up a DMP with CCCS and was paying off at a considerable rate, I was down to 25K and then disaster, in 2010 I was made redundant.
- Since then I have continued to pay the reduced rate of £120 a month

- Im now getting back on my feet financially and a family member has offered to help me clear my debts for good.

- I have 5 creditors 3 of which are CCJ's I understand these will fall of my credit file next year and I can happily make payments to clear.

- The 2 other debts 1 is with Capquest and totals £10k the other 1K MBNA.

I understand i can make a full & final offer to Capquest, but unsure how much? Capquest are the third DMA to have owned the debt, they currently receive £27pm.

This Capaquest debt does not show on any of my credit reports.

I do not really want to contact them as this is the largest of my outstanding debts and worry they could take to court for full amount, therefore having a new CCJ

Any Help would be gratefully appreciated.

HillaryDD

sourcrates

Ok,
First thing I would do is send a CCA request to both accounts without CCJ's, see if they still have correct paperwork.

This is essential before any offers of full and final settlement are made, as if they don't hold correct paperwork, then the debt may not be enforceable in court, so they would settle for a lot less than they normally would.

The amount you would offer would depend 100% on the outcome of the CCA request.

HillaryDD

Hi thank you for the quick reply.

Ive checked through all my paper work and i received a letter from HSBC back in 2009 stating that they had sold the debt to Capquest and they are who Ive been paying ever since.

What I'm unclear of is how I can now try and claim that debt in un enforceable when I've been paying them for the last 7 years. Although on the other hand they have never tried to take court action? Could they still do this if they find the CCA information, which i prompted them to investigate ?

sourcrates

HillaryDD wrote: »

What I'm unclear of is how I can now try and claim that debt in un enforceable when I've been paying them for the last 7 years. Although on the other hand they have never tried to take court action? Could they still do this if they find the CCA information, which i prompted them to investigate ?

Court action can be taken at any time by a creditor.

But, the consumer credit act works in your favour, just as much as it does the creditor.
You can't just take a debt to court without any proof, however long ago the account was opened, you still need to provide proof the debt exists, this would usually be in the form of a credit agreement.

So if they can't find it, or it doesn't exist, there's a good chance they would not be able to obtain judgement against you, it's nothing at all to do with weather you have paid money to this debt or not.

Also , if no agreement, they will settle for much less than normal, of course they may have the correct paperwork, but you won't know until you CCA them.

HillaryDD

Right, Ok I will send off in the next couple of days and see what happens.

I've found a few different templates on the forum is there a preferred one?

sourcrates

HillaryDD wrote: »

Right, Ok I will send off in the next couple of days and see what happens.

I've found a few different templates on the forum is there a preferred one?

Use the most recent, good luck with it.