Capquest, charging order

[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.

[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.....

[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,

[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

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.

[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]

[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,