Capital One Debt

DarthDaisy

I wonder if anyone can tell me if they have ever had a debt from Capital One default and share their experience of the debt going into default.

I had a debt with them many years ago that defaulted, although I never got an actual default notice, nor did I get a single letter chasing the debt.

The first I heard was a letter from Restons Solicitors saying their client had obtained a CCJ, I did not recognise the amount which was over £5k and they did not give the name of the original lender, just CCJ reference and other reference numbers, none of which I recognised. I read that Restons were part of Arrow Global.

I had another debt with Arrow Global and on that one they wrote to me many times, but never on this debt.
Further letters followed which included some sort of warrant and attachment of earnings, still I ignored as I did not recognise the debt. I had moved, had no money and was suffering from clinical depression.The further letters seemed to add amounts to the alleged debt for Court Fee and legal fees. I heard no more from Restons Solicitors.

Two years later I got a letter from Drydensfairfax Solicitors chasing the same debt, the amount was the original £5k amount quoted by Restons in their original letter. It told me that the claimant was Capquest investments and it included a reference number which was the Capital One card. That was the first time I actually knew what it related to.

I have heard nothing since, the alleged CCJ will have expired by now. I have tried to find evidence of the CCJ, I can't find it on Registry Trust, but I can't be sure of what address was being used.
I am wary of looking on my credit record as it might put them onto me.

I gather that a Creditor can ask for a CCJ to be extended but that this is very rare, if that does happen on what grounds would I object to it Court?
How would I find out if they have sought an extension to the CCJ?

Any further advice would be welcome.

Brie

Tackling the easy question - if you look at your credit report it doesn't leave a mark so no one will be able to track you donw, know that you looked, nothing.  So have a look if you like. 

sourcrates

Capital One tend to keep their bad debt "in house" for much longer than other banks/lenders do, no idea why that is, but there you are.

CCJ`s are valid for 6 years, they stay on file for the same length of time, after which they are automatically removed.

Checking your credit file will not alert anyone to anything.

Any extension to a CCJ must be applied for and granted before the initial 6 years runs out, extensions can only be for a matter of months, if granted.

In all honesty this never happens with consumer credit debts, if your CCJ is over 6 years old, it will be unenforceable, and will not show on any register or credit file:

"24Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable".

DarthDaisy

sourcrates said:

Capital One tend to keep their bad debt "in house" for much longer than other banks/lenders do, no idea why that is, but there you are.

Thanks so much for your reply, if Capital One keep debt in-house for much longer, does that mean that they may not have issued the default for much longer? If Restons are Arrow does that mean the debt was sold to Arrow?

Are Capital One, Capquest Investments and/or Arrow all part of the same company?

Could it be that there is no CCJ and that Restons and DrydensFairfax lied?

I don't understand how the debt was allegedly added to by Restons but reduced back with DrydensFairfax.

DarthDaisy

Brie said:

Tackling the easy question - if you look at your credit report it doesn't leave a mark so no one will be able to track you donw, know that you looked, nothing.  So have a look if you like. 

Thanks Brie, I hear what you are saying but it does seem to trigger something, I got nothing for several years and then when I checked my credit file I started getting debt chasing letters at my new address.  I had nothing in my name at that new address as I had been in a DV situation and was keeping my head down.

sourcrates

Arrow Global are a multi million pound debt purchasing conglomerate.

Capquest are a part of that group.

Restons act for many debt purchasing companies but mainly Arrow Global.

Occasionally debts are assigned to collection companies/solicitors, who add their own collection "fee`s".

If collection activity is not productive, those fee`s are removed when the account is sent back to the client.

The simple "modus operandi" these companies operate under here, is to obtain money from you using any and all methods available, so interpret that how you will.

DarthDaisy

sourcrates said:

Arrow Global are a multi million pound debt purchasing conglomerate.

Capquest are a part of that group.

Restons act for many debt purchasing companies but mainly Arrow Global.

Occasionally debts are assigned to collection companies/solicitors, who add their own collection "fee`s".

If collection activity is not productive, those fee`s are removed when the account is sent back to the client.

The simple "modus operandi" these companies operate under here, is to obtain money from you using any and all methods available, so interpret that how you will.

"24Time limit for actions to enforce judgments.

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable".

Thanks again Sourcrates, based on the information I have provided, do you think it is likely that there was a CCJ?

Does the fact that it then went to DrydensFairfax suggest or confirm this?

What I don't understand is that I had other debt which Arrow bought and they never chased it either or mentioned it.

I would have thought they would try to do a deal on all of them. Also Arrow did write to me at most of my addresses, but never about the CapOne debt. 

Is there a "modus operandi" for who CapOne sell to or how they chase it?

All of my other debts are resolved but this one hangs around like a bad smell.

If I can't find actual CCJ how do I measure the expiration of six years on which the judgement became enforceable?

sourcrates

I think you can drive yourself nuts going over all the "what ifs".

If you are not been chased for this debt, I really wouldn`t worry about it further.

If you were to be contacted, then send a prove-it letter.