capQuest Chasing Old Pre CCJ Debt

[machester11]

HI all - any advise that i could be given on the below would be much appreciated.

I've recently received a series of letters from capQuest with regards to a debt from March 2006 over a defaulted account with Natwest. The first two letters where from DVSL and HL Legal trying to confirm who I was, these I totally ignored. I then got one allegedly (the back of the letter had the same return address as all the other letters) from NatWest stating that capQuest were appointed as their agent for the administration and collection of the debt from the old account. Again, as it didn't actually ask for anything I ignored this, waiting on something more concrete.
Today I finally got a letter from capQuest themselves with more firm details of the debt, including the correct account number and the final balance of the account as of March 06 (£1450). I have no real issue paying this account now as I'm in a much better place than when it happened and I did spend the money at the end of the day. The problem comes in that I was taken to court over this in November 2006 and a CCJ was issued for £1700, which it appears capQuest has no knowledge of. As I wasn't in a fit state at the time I ignored the CCJ and heard nothing further until now.
So it leads me to a couple of questions:
1) If capQuest have really been appointed how could they not know about the CCJ?
2) If I pay the £1450 to capQuest and get proof that the original debt has been paid will I then be in a position to make them get the CCJ marked as satisfied? Would they be within their rights at this point to ask for the remainder of the money?

Thanks for any help.

[Cally]

Re: capQuest Chasing Old Pre CCJ Debt

I'll be interested in this because I too am getting letters from Capquest regarding a Natwest account from 2006.

Just out of curiosity, when you ignored the CCJ, did noone try to enforce it? I thought that once you had a court order you to pay, you had to pay.

[machester11]

Re: capQuest Chasing Old Pre CCJ Debt

To be honest I didn't even know I had a CCJ until about a year after the event when I ran through all the unopened mail. I think one more letter was sent a couple of weeks after the CCJ was issued saying they would take enforcement action and that was the last i ever heard until now. At the time I had literally nothing for them to take though, so maybe they finally read the letters the CAB had sent them when they started talking about putting the account into default.

[Cally]

Re: capQuest Chasing Old Pre CCJ Debt

Ah I see. Well hopefully someone will be along with some advice for you regarding all of this, from what I've heard and read on here Capquest are well known for chasing debts that are or are nearly statute barred, which yours will be in another couple of months if theres been no action on it since March 2006. (I think that's right anyway)

Good luck with this, I'll watch this thread to see what happens.

[s611]

Re: capQuest Chasing Old Pre CCJ Debt

Hi guys,

if our great friends CAPQUEST (not) were not succesfull in recovering the debt,would they sell the debt back to the original creditor?

cheers s611..

[Angry Cat]

Re: capQuest Chasing Old Pre CCJ Debt

Capquest are notorious for chasing statute barred debt!

[charitynjw]

Re: capQuest Chasing Old Pre CCJ Debt

I hope that I'm wrong here, but, re manchester11's posts, there was a CCJ - I don't think that the Limitation Act (ie statute barred) can be used.

My understanding is that the creditor must enforce within 6 years of the CCJ, or apply to the court after that for permission to enforce.

Also, if they are not the original claimant they must inform the court to 'register' their ownership.

[Angry Cat]

Re: capQuest Chasing Old Pre CCJ Debt

I hope that I'm wrong here, but, re manchester11's posts, there was a CCJ - I don't think that the Limitation Act (ie statute barred) can be used.

My understanding is that the creditor must enforce within 6 years of the CCJ, or apply to the court after that for permission to enforce.

Also, if they are not the original claimant they must inform the court to 'register' their ownership.

Correct, they must enforce the CCJ within 6 years.
After the 6 years has passed with no enforcement action taken. An application would have to be made to the court, to enforce.

Of course, this is not without risk!
Depending on just how the CCJ was obtained in the first place.

Even Creditors run risks when entering the 'Fair Judge Lottery'...