CapQuest Debt Recovery ???

feehily79

Thanks for replying. what info do you need? Also sorry about this I live in Scotland so it was a decree not ccj i received 7 years ago

NorthernLas

OP in answer to your question, yes, you can send a CCA to Capquest, but I am not sure what it will achieve since you have a CCJ awarded some 7 years ago.

I would have thought that it would depend on what was awarded as to whether interest can be added.

Info that would be useful
Date CCJ awarded
Did you pay anything towards the CCJ - when did you stop paying
Was the debt sold after or before CCJ
Have you received letters and ignored them or have you just recently started to get letters due to being off their radar

Have just read you are in Scotland - suggest you contact National Debtline Scotland for advice

feehily79

OP in answer to your question, yes, you can send a CCA to Capquest, but I am not sure what it will achieve since you have a CCJ awarded some 7 years ago.

I would have thought that it would depend on what was awarded as to whether interest can be added.

Info that would be useful
Date CCJ awarded - Unsure as dont have paperwork
Did you pay anything towards the CCJ - when did you stop paying - didnt pay anything
Was the debt sold after or before CCJ - after ccj
Have you received letters and ignored them or have you just recently started to get letters due to being off their radar - recently received letters and set up a payment plan, however the debt has now trebbled to what i owe, dont mind paying what i got

handyman123_2

feehily79 wrote: »

OP in answer to your question, yes, you can send a CCA to Capquest, but I am not sure what it will achieve since you have a CCJ awarded some 7 years ago.

I would have thought that it would depend on what was awarded as to whether interest can be added.

Info that would be useful
Date CCJ awarded - Unsure as dont have paperwork
Did you pay anything towards the CCJ - when did you stop paying - didnt pay anything
Was the debt sold after or before CCJ - after ccj
Have you received letters and ignored them or have you just recently started to get letters due to being off their radar - recently received letters and set up a payment plan, however the debt has now trebbled to what i owe, dont mind paying what i got

Hi again, I'm not up on Scottish Law, suggest that you follow NorthernLas's advice. Crapquest are good at getting folk's to pay up for debts that are unenforcable. It's all in the wording. If you / we can establish where you stand, then you may be able to establish a favourable F&F with them. Did they scare you into showing yourself on radar again?

Cheers, handy.

feehily79

Yes they sent several letter to me ans i thought i better pay something. i havent had a single statement off them though and dont know when this debt will be paid.

Sorry if i sound muddled, im really confused

NorthernLas

OP: I think you need to speak with someone either CAB or National Debtline Scotland. Get the letters ordered so you can explain the history.

You probably need to ask them how you find out:
1. If cap quest have authority to collect the debt (is the debt yours)
2. What the amount owed was at CCJ
3. If charges can be lawfully added after CCJ
4. What effect would there be on your credit rating if you don't pay (they pay send you letters, but what can they do since it has already been to court)

feehily79

Thanks for your help, i will ring CAB. Its not on my credit report now so shouldnt affect it hopefully

feehily79

Can I ask if a debt is unenforcable without a credit agreement even if you have received a ccj against it?

handyman123_2

No harm in asking to see the CCA.

If I've got it right they would have had to produce the agreement at court in order to obtain a Decree / CCJ. If you were doing this now they would have to produce or it would get thrown out. If you didn't contest the original claim and it was issued through a court clearing centre then there are instances where they didn't have the right paperwork and you can get the judgement overturned or set aside.

This is all beyond my limits, but here's hoping someone will be along to correct me.

Regards, handy.

feehily79

Please can someone tell me if this is right