debt help/advice with capquest please

gazmon

hi all im new, nice to be here

sorry if this is slightly long but please read

i have a few debts that are managed by `payplan` which are all ok and i pay my payment every month,,,

but i had 1 debt that i ignored that ended up with capquest, unfortunatly it went to court and i had a CCJ awarded against me for the sum of £1284 (this includes court fees), i made an arrangement with capquest to pay an extortionate £210.77 a month until it was clear, so as to stop the further action planned, i made a total of £632.31 in monthly payments towards the debt, i then was able to raise enough to clear what was left outstanding in 1 payment (£651.69) , so the day before i payed the remaining amount i cancelled the direct debit, i telephoned capquest to pay the balance left over, they informed me that it was now £879, which gos against the letters i had stating that the balance remaining was £651,

so i paid the £879 to get them off my back.......my question is

should i have to pay more than what the original judgement is? or am i do a refund ? because when i asked them to check this they, they have stated that i should have paid £1000 to clear this debt making the total payable £1600

where do i stand with a ccj etc and payment, what should i do as they are stating that i still owe 1 more payment of £210.77 whaich seems totally wrong and is now much more than the original £1284 judgement

any help appreciated

gazmon

Larumbelle

Crapquest are a bunch of a**holes. No other way of putting it. Well, I suppose I could have left out the asterisks... you get my point, anyway.

Firstly you need to send a full subject access request to Crapquest asking for a statement of ALL payments and charges received since they took over the debt.

Asking the original creditor for the same is extremely helpful but not essential.

next you need to scrutinise the records they send back to see if they are unlawful charges. (I'm pretty sure they will be) either post the details here or PM me and I will go through them with you.

Next step after that is: complaints to trading standards, original creditor and OFT. After that; complaint to crapquest, probably threatening to take them to small claims court, ALMOST CERTAIN EVENTUAL RESULT: full or partial refund from crapquest.

DON'T MAKE ANY FURTHER PAYMENTS write and inform them that the account is in dispute and that further threats/demands sent while you are investigating will be treated as harassment, and reported to the relevant authorities as well as persued through court.

Weller, didn'tyou go through something similar? Any advice?

gazmon

hi thanks alot for the reply,

it just seems i have paid nearly £300 to much and there still wanting a further £210.77, and this is more than a week after they `confirmed to me ` the debt was cleared and finished

all in £1600 for an original £1284 CCJ?

Larumbelle

As I say, I suspect they have added unlawful charges. Follow the action plan above and see what comes back. If you need an SAR template there is one on the reclaiming credit card fees thread.

wot_a_life

You only pay the amount that the CCJ is for and no more then write to them with proof of payment copies and a copy of the CCJ and ask them to acknowledge the amount as satisfied on your credit reference.

If they say that you still owe them payment then it is a seperate case.

The C.A.B can advise you of this, they did me

gazmon

is there a national number for the CAB

Larumbelle

I think you need to call your local branch. There is a website though, and you can get non-specific advice there as well as finding your local branch:

http://www.citizensadvice.org.uk/index/getadvice.htm

gazmon

thanks all

gazmon

one more question ....


if solicitors where taking steps to enforce a charging order `because i had cancelled the agreed direct debit` even though it was only the day before i phoned can they add thie cahrge to the debt....hence the extra £200 odd added to bill

Larumbelle

I'm pretty sure they can't becuase your debt had already mysteriously grown past the sum the judgement was for in the first place. My hunch is that this is one for CAB, though, it's a bit of a law-based case. Having said that, I am often staggered by the depth of knowledge some members of this board have accumulated, so someone might pop along with an answer very quickly!

gazmon

hi again,

capquest have informed me that the extra money they require is to do with interest `charged at a daily rate` does this sound right in regard to a CCJ?

do most CCJ charge daily interest, would this be stated on the judgement form?

gazmon