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Approx. 15 years ago I had a debt with Capquest which they took to court and I was ordered to pay £2.00 per month, I have paid this by direct debit ever since but they are now saying the Court Order has expired and I must fill in an income and outgoings form so they can recalculate my payments. Do Court Orders actually expire or are they just trying it on?
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do you live in scotland?
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need to know what was on the original court order details?? echat11 may be able to assist also?
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Thankyou Mike, I will find the original order and get back to you. I live in EnglandComment
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As Mike says, more details needed about the debt and Court order.Comment
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Hi Mike, I still have the original court order which states £2.00 per month until debt is paid and at the time Capquest accepted this( as written on the order) please see below attachmentAttached FilesComment
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It says 2015, so where does the 15 years come into it?Originally posted by echat11 View Post
'Approx. 15 years ago I had a debt with Capquest which they took to court and I was ordered to pay £2.00 per month'.Comment
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Debt was sold to Capquest in 2007, I had an agreement to pay £3.00 per month which I did until they wanted more money per month, when I said I couldn't pay more they got very aggressive and then I was issued with the Court papers in 2015. That is when the Court Order was made.Comment
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The Court order says '£2 until the debt has been paid off'. They were stupid enough to go to Court, if they think you have the ability to pay more, I believe they need to go to Court to change the amount. The Court Order is very 'explicit', '£2 until it's paid off'. It doesn't say anything about the amount being reviewed or varied.Originally posted by downtownman View Post
CelestineComment
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Thankyou Echat11, I will just continue to pay my £2.00 a month.As you say if they want me to pay more they would have to have the Order changed but I doubt the Court would change it has I am only on State Pension so all I can do is sit back and wait. Once again I am very grateful for your advice as these letters can be very worrying.Comment
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If you get anything else from them, update the thread. Also don't be scared to engage with them / set out your position. Also if you don't think your circumstances are going to change, you could consider asking them to write off the debt. Amend the template to suit your circumstances, make sure you get Proof of Postage.Originally posted by downtownman View Post
https://nationaldebtline.org/sample-...rite-off-debt/Comment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
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Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
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