Capquest CCJ stayed 8 years ago

[Pondpaddler2]

Hello, I have a diary you can view in the unenforceable diaries. This one is troubling because Capquest tried to force a CCJ on me unfairly back in 2014. I'm not sure how to deal with them. My CCA to them in early October has been acknowledged but nothing further received. Appreciate any advice, thanks.


Type: Capital One Credit Card

Date Commenced: July 2005

Current Balance: £5,900

Default Date: July 2010

Last Paid: October 2022

Status: Small monthly payments direct

Owner: Capquest
CCA sent October 2022

XX/10/22 undated acknowledgement received from Arrow stating will respond as soon as we can.

XX/10/22 Update on query letter received. Collections suspended, confirm "we will assist in obtaining all relevant documents to support your query and update you as we progress."

Important note I have previously SAR'd Capquest as they applied for a CCJ against me 8 years ago and I had it stayed. They had tried to say I wasn't paying regular payments and the SAR documentation proved I had been paying. This is the one account I am still paying a monthly nominal sum to as I don't trust them to try and shaft me if I stop payments, with a previous stayed CCJ - what is the legal position here?

Status update: Still paying nominal payment until clarified CCJ status and no paperwork received.

[Pat]

Was the CCJ application stayed or successfully defended? You say you had it stayed but that is not something you can 'do'. A CCJ is usually stayed because a claimant does not go ahead with an application after issuing the claim. Is this the case or were they asked to produce documents which they did not do- if that is the case maybe you should have then asked for the claim to be struck out.

A little clarification might help.

Once a claim has been issued the SB clock stops but after 8 years I do wonder if a judge would allow the lifting of the stay.

[The Tech Clerk]

They would need a very good excuse, very rare>

get this straight? Case stayed 8 years ago (No CCJ)?

you are making payment albeit small since then (case not proved to Capquest)?

July 2005 CCA bet they cannot fulfil therefore unenforceable in its context, that is why they accept small amounts, and hope you do not realise they cannot enforce at this stage or even it being through a court and IF they ever get a CCJ (not after this length of time??)

[Still Waving]

Was the CCJ application stayed or successfully defended? You say you had it stayed but that is not something you can 'do'. A CCJ is usually stayed because a claimant does not go ahead with an application after issuing the claim. Is this the case or were they asked to produce documents which they did not do- if that is the case maybe you should have then asked for the claim to be struck out.

A little clarification might help.

Once a claim has been issued the SB clock stops but after 8 years I do wonder if a judge would allow the lifting of the stay.

This does illustrate the importance of precise reporting. The original post has raised a host of questions.

[Pondpaddler2]

Evening, thanks for all your positive feedback which is most appreciated. I realise this is complex and I am still getting my house in order after a long period of doing nothing beyond maintaining token payments.

To clarify, the original Cap One credit card debt was defaulted around 2010 and quickly placed under Capquest for debt recovery. Not long after, the debt was then sold to Capquest Investments. All through this period and up to October, I have paid a nominal monthly sum. In 2014, Capquest applied for a CCJ on the grounds that I was not maintaining regular monthly payments. Upon receipt of court paperwork, I filed a defence that I was paying regularly and stated that I considered Capquest to be vexatious in their claim. At this point I also SAR'd Capquest which gave me the evidence to prove that I had maintained regular payments. Northampton CC responded and made it clear that Capquest had 28 days to respond or claim would be stayed. They did not respond to court although their representatives Dryden Fairfax solicitors wrote to me subsequently stating it was clear that they had grounds to proceed and lift the stay....over to me...I did not respond... That was eight years ago.... Still paying a minimum monthly payment to Capquest. Hope that helps with the background which is to say the least complicated!

[Roger]

"..
CCA sent October 2022
XX/10/22 undated acknowledgement received from Arrow stating will respond as soon as we can.
XX/10/22 Update on query letter received. Collections suspended, confirm "we will assist in obtaining all relevant documents to support your query and update you as we progress."
.."

The above expressly says COLLECTIONS SUSPENDED!
STOP PAYING have no further communication with them!
Now you mention ARROW who I presume was assigned the debt!
Was this by chance Arrow Global Guernsey? Please check this very carefully out and especially who the Claimant was on the CLAIM form!
Because if you query the AAD for Arrow Global Guernsey you will find that they don't have the necessary jurisdiction to take legal action - but that doesn't mean they won't try!

[Pondpaddler2]

So original response to my CCA to Capquest was sent back from Arrow and I have looked at the letter from them to try and understand legal ownership. In the letter footnote it shows company as registered in Manchester and licenced by FCA and is same address as Capquest although obviously with different company numbers and FCA licences. It was the Capquest letter that stated looking for paperwork. The original response although to Capquest, was acknowledged by Arrow Global and was undated and generic in response.

Latest communication is from Capquest and is from same address as Arrow Global. Nothing showing Guernsey for company holding.

[Pondpaddler2]

This does illustrate the importance of precise reporting. The original post has raised a host of questions.

Is this because I didn't give enough info or bigger picture ?

[Still Waving]

Is this because I didn't give enough info or bigger picture ?

Precise reporting rather than what might be termed 'loose wording'. As Pat said "Was the CCJ application stayed or successfully defended? You say you had it stayed but that is not something you can 'do'. ......... A little clarification might help."

You subsequently explained that the claim was stayed by the Court as Capquest failed to respond to your defence.

It's a mistake that some (mainly new) posters make. If the forum is to give useful and sound advice, accurate and background information is essential and makes that easier to do. That's why we ask for a diary, and for it to be briefly updated with new developments.

[Roger]

Still Waving correctly points out the problem ".. the importance of precise reporting. The original post has raised a host of questions .."

WHO in the Arrow/Capquest Company Group was Assigned the Debt from Capitol One? The Default year 2010 and your stayed Claim you say by Capquest!
Look ".. Not long after, the debt was then sold to Capquest Investments. .." ?? that itself is significant as is Arrow

Capquest Investments Limited
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr
FCA Authority lapsed
30/09/2015

You mentioned Arrow and it was pointed out that Arrow Global Jersey has issues.

Now perhaps you can begin to understand that request for precise reporting!
The fact this has been stayed now for 8 years raises considerable questions doesn't it? Perhaps Capquest Investments Limited are unauthorised?

But look you have been paying for what 10 years? So are they don't need a CCJ because you are their Pension Fund aren't you!

Now they have a problem don't they over your CCA request! They say COLLECTIONS SUSPENDED
So do not correspond with them JUST stop paying!
SAR Capitol One because you need to find out what Data they have on you!

So you have some homework to do don't you. BUT STOP PAYING!

[Pondpaddler2]

Ok, I get it but please back off a bit. I appreciate you are all much more up to speed. I on the other hand am finding my way and not sure how much Info to give out as I don't know who to trust. I will provide more accurate info going forward but please appreciate my position. I will go back through all my correspondence to get a better overview of what has happened so far.

[Roger]

Ok, I get it but please back off a bit. I appreciate you are all much more up to speed. I on the other hand am finding my way and not sure how much Info to give out as I don't know who to trust. I will provide more accurate info going forward but please appreciate my position. I will go back through all my correspondence to get a better overview of what has happened so far.

AAD Most if not all of us have been where you are, isolated and feeling vulnerable.
The Diary approach leads to good decisions and empowers you! This is my own personal experience!
Now as for going forward please understand that over time advice and tactics have changed, which means you need to be up to speed with current best practices.
".. XX/10/22 Update on query letter received. Collections suspended, confirm "we will assist in obtaining all relevant documents to support your query and update you as we progress." .."
Tells you that they are not thinking of CCJ or otherwise are they! So don't remind them in fact don't talk to them just stop!
Next step is SAR with Capitol!!! Which should include any current exchange between Capitol and Arrow/Capquest!
BUT please for your own peace of mind SILENCE here! Just cancel the payments!

[Still Waving]

Ok, I get it but please back off a bit. I appreciate you are all much more up to speed. I on the other hand am finding my way and not sure how much Info to give out as I don't know who to trust. I will provide more accurate info going forward but please appreciate my position. I will go back through all my correspondence to get a better overview of what has happened so far.

When I first joined AAD I had around eight accounts with various creditors, amounting to a substantial sum, but having done some reading around the forum, and seeing the genuine support being offered, I had no qualms about fully setting out my position.

Any information you provide on the forum should be anonymised so that there is no chance of you being identified and you have that safeguard. On the other hand, as Roger has demonstrated, it is by providing detail that enables the forum to pick up on pertinent points which shape the approach to dealing with creditors.

[Pondpaddler2]

All updates are now on my pondpaddler2 diary but just thought I'd update this posting that still no acceptable CCA response, IE.. still looking...

[The Tech Clerk]

they are crying as the cash cow has caught on maybe??? 2005 no CCA I wonder why? Iron Mountain may come to mind (Big Fire in storage).,??