Brecon Debt Collection Agency/Capquest Debt Collection Agency

[Summertime]

Hello all,

Hope you're all good after the bank holiday.

I have received two letters today. One from Capquest in relation to two debts both purchased from Shop Direct Group - The two debts total £8k in total (because they never froze interest or charges despite
me being on a DMP with CCCS when I defaulted) and they both state they are taking steps to take me to court for the debt. I defaulted in late 2010 on them and the accounts were taken out with Littlewoods and Very in
2007. My elder brother told me to try and ignore them because after 6 years they can't take you to court? Anyway I'm ignoring them but worried none the less.

The second from Brecon Debt Collection with a debt from Next PLC. This debt is a recent debt, one taken out at an old address by me in 2009. I tried my best to keep up with the payments the entire time and then
as soon as I missed my mortgage payment I stopped and made paying the arrears a priority. I contacted Next about this debt - they advised me they didn't have a signed credit agreement from me and they wanted me to sign it and return it - and only then would they discuss freezing the interest and coming to a payment plan. I was upset about the lack of care - it was almost like we don't really want to know. The debt is now
£5113. Defaulted November 2013 - at the time it was £4340.21. I imagine the rest is interest. They've written to me saying they are applying for an attachment of earnings and they will be making to checks to see if I am a homeowner.

As explained on a previous thread - I am a homeowner but I'm clearing huge mortgage arrears with all my disposable income. I had previously offered my creditors £1 a month and most ignored me or hounded
me for more money - I work part time, I have a child I simply don't have the money.

I haven't responded to Capquest or to Brecon, I wanted to speak to you first. With your help I was able to get Bryan Carter to leave me alone. I'm worried I may not be able to keep these guys at bay.

Any advice would be appreciated.

The other creditors, Moorcroft, Lowell and Apex have all accepted £1 a month temporarily until I can start a DMP with StepChange again.

Thank you all so much

[Summertime]

Re: Brecon Debt Collection Agency/Capquest Debt Collection Agency

I should also add that I'm in negative equity with my home.

Thank you all

[FlamingParrot]

Re: Brecon Debt Collection Agency/Capquest Debt Collection Agency

I have received two letters today. One from Capquest in relation to two debts both purchased from Shop Direct Group - The two debts total £8k in total (because they never froze interest or charges despite me being on a DMP with CCCS when I defaulted) and they both state they are taking steps to take me to court for the debt. I defaulted in late 2010 on them and the accounts were taken out with Littlewoods and Very in 2007.

Any idea whether this was before or after April 2007? A lot of those catalogue companies never required people to sign an agreement, so it may be useful to hit them with a CCA request. :typing:

My elder brother told me to try and ignore them because after 6 years they can't take you to court? Anyway I'm ignoring them but worried none the less.

I'm afraid that's not correct information. The can take you to court at any time, although if they do and the debt is statute barred, that would be an absolute defence. :juge:

A debt would only be SBd if there's been no payments or written acknowledgment in 6 years, if you only defaulted in 2010, they wouldn't be SBd yet, not until 2016. If you made payments through your DMP, that would be 6 years after stopping payments. :clock:

The second from Brecon Debt Collection with a debt from Next PLC. This debt is a recent debt, one taken out at an old address by me in 2009. I tried my best to keep up with the payments the entire time and then
as soon as I missed my mortgage payment I stopped and made paying the arrears a priority.

That was the right thing to do, your mortgage is a priority, well above unsecured catalogue debts.

[FlamingParrot]

Re: Brecon Debt Collection Agency/Capquest Debt Collection Agency

I contacted Next about this debt - they advised me they didn't have a signed credit agreement from me and they wanted me to sign it and return it - and only then would they discuss freezing the interest and coming to a payment plan. I was upset about the lack of care - it was almost like we don't really want to know.

Did you sign the new agreement?

The debt is now £5113. Defaulted November 2013 - at the time it was £4340.21. I imagine the rest is interest. They've written to me saying they are applying for an attachment of earnings and they will be making to checks to see if I am a homeowner.

They can only apply for an attachment of earnings or a charging order (presumably the reason to check if you are a homeowner) once they have obtained a CCJ. You may want to check to make sure they haven't somehow obtained one by default without you receiving the court papers. You can check here before writing back to them: http://www.trustonline.org.uk/search-yourself

As explained on a previous thread - I am a homeowner but I'm clearing huge mortgage arrears with all my disposable income. I had previously offered my creditors £1 a month and most ignored me or hounded
me for more money - I work part time, I have a child I simply don't have the money.

I haven't responded to Capquest or to Brecon, I wanted to speak to you first. With your help I was able to get Bryan Carter to leave me alone. I'm worried I may not be able to keep these guys at bay.

Any advice would be appreciated.

The other creditors, Moorcroft, Lowell and Apex have all accepted £1 a month temporarily until I can start a DMP with StepChange again.

Thank you all so much

I would suggest sending the CCA request as above. Would be useful if you could scan or take a picture of the letters, remove your personal details and post them up here. :typing: