Taken to Court by CapQuest - HBOS Credit card debts

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Had a family summit last week, really cannot see any other option and some support there for myself, partner and daughter when BR things start to happen. I am not looking forward to it but very tired now and simply need to be able to focus on something else. Will keep you up to date, this may help others. BR should clear out all the debt, there is a life beyond it.

Indeed there is a life beyond it, and you can start again. :thumb: If you think BR is for you, you'll need to approach an official organisation such as the ones below, where you can also find a wealth of information regarding the process:

• http://www.adviceguide.org.uk/englan...bankruptcy.htm
• http://www.nationaldebtline.co.uk/en...=01_bankruptcy
• http://www.stepchange.org/Debtinform...ankruptcy.aspx

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Good morning. Not really rushing this as have been mulling it over for some months. There are lots of pieces to the problem. What remains of my business stock and assets will need to be rehoused somewhere, I simply do not have the money to move them let alone taking on premises, it needs about 65-70 sq mts, hence cannot fit into a garage. The business hasn't sold more than £60.00 over the past week or so. To some degree a seasonal issue but I have simply not got the resources to keep the thing going, let alone move it and try to start up again. It's a web business, it's re-locatable but not worth a great deal in it's current state. I would be fighting all the above Finance issues if moving it was not necessary to move the business. Had a family summit last week, really cannot see any other option and some support there for myself, partner and daughter when BR things start to happen. I am not looking forward to it but very tired now and simply need to be able to focus on something else. Will keep you up to date, this may help others. BR should clear out all the debt, there is a life beyond it.

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks to all. Letter to HL Legal was delivered yesterday, have signature detail printed and saved.

As indicated earlier in thread have very serious problems elsewhere. Realistically bankruptcy is the route I will have to follow and this will happen before this matter is resolved, likely next week.

Presumably this will prevent CapQuest being able to proceed and obtain a CCJ?

Any reason why it has to happen so quickly? BR is a very big decision and you'll need help from an official organisation such as the CAB. In my experience, you often have to wait a long time before you even get an appointment. :clock:

Well to clarify the above for you. These claims above are part of about 55K of unresolved Credit Card problems going back to 2009 / 10. They are 'boxed up' a little through the help obtained here but every now and again something rears it it's head, now it's CapQuest.

Credit cards taken out before April 2007 are not always enforceable, do keep that in mind. There are people on here with a lot more debt than that who wouldn't consider bankruptcy for that reason. Are you a homeowner?

Wescot as an organisation are lying incompetent scumbags and keep hassling me as well. One ICO compliant upheld, about to file another!

Indeed, they are at the bottom of the DCA pond. I dealt with them two years ago and, after a few bright red FINAL DEMANDS, they just flew off, never to be seen again.

There is then 18k of Nat West business debt that has been in dispute. FOS have upheld that I have several genuine complaints but are awarding peanuts against the money I feel is owed for my time sorting it out. FOS are useless as well, BCOB's would be the route but......

What kind of business was this? Sole trader? Limited company? Partnership?

[FlamingParrot]

Re: Taken to Court by CapQuest - HBOS Credit card debts

The template provided is out of date. The small claims limit is now £10000 and not £5000 as it was.

The request goes to H&L as mentioned on the claim form.

Particulars of claim should tell a story. It isn't a full story though. Did they send a default notice which they must do ? Not according to the PoC even though they probably did. Etc.

M1

Sorry about that, missed that bit when I pasted it.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Well to clarify the above for you.

1. These claims above are part of about 55K of unresolved Credit Card problems going back to 2009 / 10. They are 'boxed up' a little through the help obtained here but every now and again something rears it it's head, now it's CapQuest.
2. Wescot as an organisation are lying incompetent scumbags and keep hassling me as well. One ICO compliant upheld, about to file another!
3. There is then 18k of Nat West business debt that has been in dispute. FOS have upheld that I have several genuine complaints but are awarding peanuts against the money I feel is owed for my time sorting it out. FOS are useless as well, BCOB's would be the route but......
4. A business colleague has invested 41.5k into my concern. it came with some 'steering advice' and latterly use of his premises to help me out. The advice has proved poor, He himself is now in trouble and tells me of impending administration and whilst not applying pressure for the cash I can no longer house the business at his premises or afford to move them away.

This has led to various stress and relationship problems and I need to take the pressure off somehow.

I am grateful for your time and help to date. Your CCA letters in the past made a significant difference and your site has helped me better understand the problems and bring some clarity to the problems I had. All this when I have been unable to access 'professional' advice, which may not have actually been any better.

I have tried very hard to avoid Bankruptcy, my problems have only ever been financial and could have been resolved through the success of my business venture. It simply hasn't worked, for lots of reasons, a number of which have been beyond my direct control.

I need to survive somehow and clearing the slate now will hopefully allow me to get on with life.

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

I'm not sure it matters much. If you are going bankrupt then all your affairs get taken over by the OR. If capquest get a judgement against you then the OR would deal with it. Tbh, I don't see any point in trying to defend the claim if you are declaring BR - I can't see how you would be any better off.

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks to all. Letter to HL Legal was delivered yesterday, have signature detail printed and saved.

As indicated earlier in thread have very serious problems elsewhere. Realistically bankruptcy is the route I will have to follow and this will happen before this matter is resolved, likely next week.

Presumably this will prevent CapQuest being able to proceed and obtain a CCJ?

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Calendar days unless stated as far as i'm concerned.

M1

Re: Taken to Court by CapQuest - HBOS Credit card debts

Is that 7 working days or just 7 days?

Yes. Keep an eye on delivery and then give the 7 days you said then chase them.

M1

[littlebert8]

Re: Taken to Court by CapQuest - HBOS Credit card debts

You cant do much until the 7 days you gave the claimant in the CPR 31.14 request expires. Check the RM tracking website to ensure the letter was delivered and print out confirmation for your file

Worth thinking about the next move though - start drafting your defence or an application for an unless order, if they don't respond to the 31.14 request.

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Yes. Keep an eye on delivery and then give the 7 days you said then chase them.

M1

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Hello. Yes I have acknowledged service, did this online last week. Sent the CPR via recorded delivery yesterday (16/10).

Just sit and wait now?

Thank for looking in on me!

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

You have acknowledged service haven't you ?

Otherwise not yet.

M1

[Nomad938]

Re: Taken to Court by CapQuest - HBOS Credit card debts

Thanks M1.

Have posted up the letters I was unable to upload yesterday. This is all I have received from CapQuest and relate to the BOS card.

Do I need to submit anything to the court so they know that a process is taking place?

Regards

[mystery1]

Re: Taken to Court by CapQuest - HBOS Credit card debts

The template provided is out of date. The small claims limit is now £10000 and not £5000 as it was.

The request goes to H&L as mentioned on the claim form.

Particulars of claim should tell a story. It isn't a full story though. Did they send a default notice which they must do ? Not according to the PoC even though they probably did. Etc.

M1