Charging orders

meemee77

hi
ive just recently applied for a re mortgage and a search has been made on my property the thing is an old credit card from HBOS has appeared on my register it says a Charging order.
I had no idea where this has come from so i rang Cap quest (the debt was sold to them)
Cap quest says its a debt that they bought of HBOS back in 2005 for £560 but with the charging order etc its now £950!
Thing is ive called capquest every day and ive been passed from pillar to post from collections to litigation this has taken numerous amounts of calls to capquest and has been going on for a month.
I explained to capquest that my parents had paid off this credit card years ago and they have seen then moved and because it was paid cash i am unable to obtain a receipt of payment.

When i challenged cap quest on why i never received any correspondence they said they had sent me 19 letter over 10 years but then openly told me they have had an admin error so this is why ive never received any annual invoicing never mind letters that they have sent asking for the money!

I also called Halifax to ask if they have any records of me and they say if its more than 6 years it will have been taken off the system.

I have asked Capquest fro a copy of my original signed statement also.

please can someone advise me how i go about this case as i am adamant that this bill has been paid already.

Thanks

sourcrates

Always a difficult one to call, unfortunately, but as a rule the CO will remain until the debt is paid off.

You should of really dealt with this in writing, not on the phone, as you have got no were with the organisation that owns it, if you had written three times, with no success, you would be able to prove you have tried to deal with it, and the Land Registry would of removed it.

They registered owners are the ONLY ones allowed to remove it, so write and inform them that they are still and will remain responsible for the entry, they can't prove the debt exists, and would they like to remove it!

If you still hit a brick wall you may well have to involve the Information Commissioner to get it sorted as both Capquest and HBOS seem to have a problem understanding and complying with the rules around updating.

So with a bit of work you may well get the charge removed at no further cost!!

fatbelly

I think the gist is that Capquest are denying that the debt is paid and the OP can't prove otherwise.

OP - can you give us a chronology

Assigned to Capquest - 2005
Parents paid it - when?
ccj obtained - when?
charging order obtained - when?

I can't see that a cca request would be of any use at this stage but a subject access request to would allow you to see what they hold, plus records of letters, phone calls and payments relating to the account.