DrydensFairFax and Capquest Urgent help please!

Kmonies899

Hello,

I have searched and have found similar posts but have been unable to garner information on what I should do next.
To clarify, I can home on Monday to find a letter from DrydensFairfax, acting on behalf of Capquest Investments LTD, I don't have it on me but can add verbatim information if necessary.

So, apparently I owe them nearly £3000.00 and having looked Capquest up, they act on behalf of companies, the letter itself did not state what alleged company this is and what the debt is relating to.

Now I do have some debts (student  OD etc, but its not that) but for the life of me I would not at all know what this is related to!
The letter says something about a CCJ sent in October 2017, however this is literally the first time I've received anything.

Regrettably I do not actually have an active bank account, therefore I have been unable to check the validity of the CCJ.

The letter has said I need to respond or pay within fourteen days our the MAY (not will) start taking action, such as AOE (considering I'm leaving my job in a month, not too sure how that would help) or send bailiff etc etc

Just wondering what my next steps should be and how to respond.

I obviously quite worried about someone shoring up on my doorstep, I must note I have been living in my current address for nearly 6 years but this is the first letter I've received.

The letter does not state whom caquest bought the debt from or anything to that nature but as I said I can add more info if needed.

Any assistance would be appreciated, I moving to a different county in 2 months and don't want this hanging over me

Thanks!

sourcrates

Kmonies899 said:

Any assistance would be appreciated, I moving to a different county in 2 months and don't want this hanging over me

Thanks!

You don`t need urgent help, you may have done if you were continuing to live here, but your not, you don`t need to do anything to be honest, are you leaving the country for good ?
If so, the debt will not follow you, it will lie on your file for 6 years then drop off.
These debts do not get chased abroad, once they realise you have gone, they will just switch their attention to someone else.

Kmonies899

Hiya,
Thank you for responding, I apologise for any confusion, I said, county, not country, I'm moving about 350 miles away to a new town, ironically for a fresh start haha.
My concern falls with the "respond within 14 days", I'm well aware of any debts I have, however I haven't held an active bank account since 2013 (I was in a relationship for 7 years and was an add on to my partners account) therefore I cannot get my credit score anywhere
Honestly cannot comprehend where £3000 has come from, I'm very quick to own up to my debts, but this isn't sitting right with me at all!

Thank you

Willing2Learn

Have you contacted the court to determine which creditor has got the judgement (CCJ) against you?  If you have a CCJ against you, then that would also be recorded on your three credit files.  Have you checked your credit files recently?

Kmonies899

Hiya,

Thank you for your response!

Not too sure how to go about checking with the courts, but I've tried to check my credit score with 3 different companie (Experian, Credit Karma etc) with all of my previous addresses and info and each one said they couldn't locate anything, IE no report.

Having looked into this further, I assume this would be because I haven't opened any credit accounts or had any lines of credit since 2013/14 (which was around the same time I joined my ex partners bank account and my own was closed)

I haven't opened an account since then due to lack of address proof, so all in all it seems I do not exist?

My immediate concern is from the fact it's a solicitors (albeit one that is also a debt collector) and the 14 day deadline I've been given?

I've received no letter from any courts etc at all, this is literally the first tine I've heard about it.

I'm really at a loss and its affecting my mental health greatly!

Fair dos, if they can confirm what the alleged debt is for, I'm willing to look at it, but I'm worried about the threatened action in the meantime.

Apologies if I'm not being helpful, I'm just really worried

sourcrates

My apologies, I mis-read your post, pay no attention to their meaningless deadlines, they just insert these random numbers in order to instigate a response from you, any futher action costs them money, and money is the one thing they do not like to part with, most of the time these letters are standard threatograms they send to everyone.

Your best bet, is to contact the court and ask them for the information, as once judgement has been granted, it removes the requirement for the creditor to provide any further proof of liability.

It was most likely Northampton bulk center that processed it, you are best off contacting them by email, they usually respond within a couple of days.
Once you know what the debt is for, you can then plan a response.

Kmonies899

Thank you so much!
That is so helpful, really, I don't usually get in such a tizzy, but it was so out of the blue that it knocked me for six!
I have emailed them as suggested, in the meantime, would it be advisable not to enter into correspondence  with these people?

Thank you again

Kmonies899

Well that was quick!
They replied with the below:

"Good Afternoon (Name Redacted)

Thank you for your email.

Please state the claim number which will be an eight digit code and in the format of letters and numbers which will enable the court to investigate your query.  

The claim number may be in one of the following formats e.g. 1AA23456, A1BC2345 or A1CD234A.

Please note that the court does not have a search facility and cannot locate claims using names or addresses.

If you are the defendant and you do not know the case / claim number and do not have any documents from the court, you may be able to obtain the number from the claimant or their solicitors.

If this is not possible, the case / claim number for any unsatisfied judgments entered in the past six years will appear on a credit report. 

Once the claim number has been provided you should expect to receive a response within 10, but no later than 15 working days of receipt. Please note that court staff are not legally trained and will not be able to respond to your query if you have not quoted the claim number.

If your original email included an attachment please ensure this is included in your return email to enable us to process your request. 

I hope this assists you with your query, should you require any further assistance please do not hesitate to contact us."

The thing is, I'll have to double check, but the letter I received only referred to a CCJ, I don't believe they provided a claim number?

I'll double check it when I get home though!

sourcrates

You could write and ask Dryden's  for a copy of the Order (CCJ) as your starting point.
And then depending on what they come up with, ask them to prove the assignment chain to them for this alleged debt/CCJ.

Although they are no longer required to prove you owe the debt, they should provide you with the info about the judgement.

Once you have that information you can decide whether an Application to set-aside the CCJ is appropriate.
Have you moved house in recent years ?

Kmonies899

Hiya,
I will certainly do that, the letter is so vague from them, it is of my understanding that it should typically include the original source of the debt, but it only states CapQuest.
I have been living in my current address for over nearly six years now, and before that I live in a different county, but I still haven't received anything over the past six years to this affect.
I will draft a request to them this evening!

Thanks again

Just_Di

Kmonies899 said: I can home on Monday to find a letter from DrydensFairfax, acting on behalf of Capquest Investments LTD, 

. .  apparently I owe them nearly £3000.00 and having looked Capquest up, they act on behalf of companies, the letter itself did not state what alleged company this is and what the debt is relating to.

. . .  about a CCJ sent in October 2017, however this is literally the first time I've received anything.

The letter does not state whom caquest bought the debt from or anything 

Hello  

My starting point is that Capquest Investments lack FCA authorisation (lapsed 2015 before this alleged CCJ) so cannot lawfully issue legal proceedings > http://fca-consumer-credit-interim.force.com/register/CS_RegisterSearchPageNew?accId=625156 

If (and I stress if ) they obtained a CCJ in 2017 you need to consider whether you can challenge that either a set-aside (because you were not served with the claim), and/or a challenge to Capquest's legal right to lawfully issue legal proceedings (there's a recent court ruling which says not).

Di