Capquest, charging order

[Savannah]

Re: Capquest, charging order

Yes, the court did not received the first form I returned to pay back in installments, I had returned the admission form. They then sent me another one out, I was away, so when I did return it they said it was returned too late so it was done by default. Then Capquest said they would be happy to accept my offer of installments?

Has the Court ordered that you are to pay by installments?

If there is an an installment order in place then as long as the order isnt breached the claimant should not be getting any mileage in a CO

I stress though that the Court must have made an installment order and not an agreement between the parties.

Im not sure that there is any mileage in challenging the judgment if the account is from 2009 as its likely to be enforceable sadly,

[Savannah]

Re: Capquest, charging order

I wasn't sure who to call, so I rang Capquest to ask why they were doing the charging order. She said they were doing it to secure the debt, to which I said that I had took advice and that a charging order could not be put on the property as it is a sole debt, and the property is jointly owned.

I did contact Paul.

QUOTE=Never-In-Doubt;199101]you called who? why?

I thought the overriding message here was ring the court and speak to Paul - do not ring CrapQuest as they'll say anything.....

[/QUOTE]

[Paul.]

Re: Capquest, charging order

im assuming that as judgement was obtained by default, then there never was a installment order placed by the court, it was capquest that agreed a direct debit mandate.

If im reading it right, it seems it was an agreement only by the parties because the reply to judgement failed to arrive on time.

in my profession you assume nothing and ask everything no matter how stupid it may seem.

[SXGuy]

Re: Capquest, charging order

im assuming that as judgement was obtained by default, then there never was a installment order placed by the court, it was capquest that agreed a direct debit mandate.

If im reading it right, it seems it was an agreement only by the parties because the reply to judgement failed to arrive on time.

[Paul.]

Re: Capquest, charging order

Has the Court ordered that you are to pay by installments?

If there is an an installment order in place then as long as the order isnt breached the claimant should not be getting any mileage in a CO

I stress though that the Court must have made an installment order and not an agreement between the parties.

Im not sure that there is any mileage in challenging the judgment if the account is from 2009 as its likely to be enforceable sadly,

[Never-In-Doubt]

Re: Capquest, charging order

Hi, I spoke to Capquest today and the lady I spoke to was actually very reassuring. She said I was correct in that only a restriction can be placed. They won't try to force me to sell my house, she said they would not be doing that, they are just placing the order to secure they get paid incase I stop paying. She said the fact I am paying by standing order shows I want to pay and they are happy with that.

She was a bit shocked when I mentioned the restriction and it wasn't infact an order. She said 'Well it is the same thing really'.

I feel much better now about it, phew! Thank you for all your help.

you called who? why?

I thought the overriding message here was ring the court and speak to Paul - do not ring CrapQuest as they'll say anything.....

[Savannah]

Re: Capquest, charging order

Hi, I spoke to Capquest today and the lady I spoke to was actually very reassuring. She said I was correct in that only a restriction can be placed. They won't try to force me to sell my house, she said they would not be doing that, they are just placing the order to secure they get paid incase I stop paying. She said the fact I am paying by standing order shows I want to pay and they are happy with that.

She was a bit shocked when I mentioned the restriction and it wasn't infact an order. She said 'Well it is the same thing really'.

I feel much better now about it, phew! Thank you for all your help.

[Savannah]

Re: Capquest, charging order

Thanks. I will see what the Court, Solicitors and Capquest say tomorrow.

[Never-In-Doubt]

Re: Capquest, charging order

ps it'd be transferred to your local court if you defend it (I think)!

[Never-In-Doubt]

Re: Capquest, charging order

Stop stressing. Make contact with Paul.

Seriously. See what he says for now.

[Savannah]

Re: Capquest, charging order

Thank you, I had admitted I was guilty and the debt was mine, they just hadn't received the forms.

[Savannah]

Re: Capquest, charging order

After doing some reading on charging orders I am quite concerned now about my home and my childrens future. All of this for 3k??? I don't have 3k to give them upfront and I admitted I sent back the admission form the court late, but I had been away. I had returned it the first time but they said they had no receipt of it. I didn't send it recorded, I wished I had now.

I read I should be at the Interim Charing Order hearing, but it is in Bradford which is far too far for me to travel to, it isn't possible. So how can I fight my case without going to the court?

[Never-In-Doubt]

Re: Capquest, charging order

ie guilty (by default) as you never proved you were innocent. So to speak.

[Never-In-Doubt]

Re: Capquest, charging order

Answered in my pm to you.

It's cos you never acknowledged in time so they secured judgment by default.

[Savannah]

Re: Capquest, charging order

Does anyone know what this means? I just noticed it in the Capquest letter. It says HL Legal and Collections reveived your admission claim form dated 1st April 2012, but it wasn't received until after the time limit so was therefore deemed 'out of time', Judgment was obtained by default on April 2012.

Capquest then said in the letter 'However we are happy to accept your offer for £5 per month'.

I have no idea what all of this means. I just remember I sent back a letter to the court stating my income and outgoings and offering £5 per month.

So am I paying the debt to Capquest if I pay them £5 a month, it will get the debt paid eventually?