Backdoor Capquest CCJ 2017 - old Shop Direct Debt - on old address - no response to CCA - how to set aside

[yolomeme]

Hi All,

 

 

I am in a similar situation and not sure where to start (apologies for the long post).

 

Summary:

 

1. Moved to my current address in May 2015

2. Capquest filed CCJ in October 2017 for an old shop direct debt from 2015 on my previous address

3. CCJ  not visible on experian

4. They never sent any communication till date (or  maybe they sent everything to my old address)

5. I had to call the county court and track them down to find out what this CCJ is

6. Waiting since 5th March 2022 for details. My account is on hold.

7. I didn't give them my current address yet.

8. Followed up last week and still no updates.

9. Not sure how do I proceed.

 

Full details:

 

I had a shop direct debt from 2014 or 2015 which has now fallen off my credit report but it was bought by capquest few years ago.

 

 

I moved to my current address in May 2015 and never received any communication from capquest. They filed a CCJ in October 2017 on my old address and this CCJ does not show up on my experian report (but it does show up on equifax and transunion). As a result I was unaware of this CCJ.

 

I had another CCJ with Arrow global from April 2020 which I have paid off in November 2021 and when I spoke with capquest they had all the details of that arrow global CCJ. I don't understand if they have access to other CCJ how come they never updated my address on their system.

 

Last year around October 2021 I started looking for mortgage and that's how I found out about this unsatisfied CCJ.

 

I called the county court and quoted the reference number on my credit report and they said the warrant has expired (don't know what this means and I was told I cannot make any payments) and I will have to contact the claimant. The county court did not have the name nor the contact details of the claimant but gave me their solicitor's contact details (drydensfairfax solictors). I contacted drydensfairfax and got the details of the claimant capquest.

 

I contacted capquest in October or November 2021 and they were very unhelpful so I did not pursue any further communication with them.

 

This year I really need to get a mortgage and therefore I contacted them on 5th March and requested for details of the claim and the CCA. I have not given them my current address because if they update the address then the CCJ might show up on my experian report.

 

I received an acknowledgement email on 30th March stating "your account is currently on hold whilst we look into your dispute".

 

The current value of this CCJ as per my credit report is £561 but as per my communication with capquest it has gone up to £640.61.

 

I spoke to citizen advise and they said best thing to do is just pay them off. I am not convinced if this is the best course of action.

 

Please kindly advise what should be next response to their email?

 

 

Many thanks

 

 

[dx100uk]

capquest are part of the arrows group, hence they knew the details of this CCJ.

 

you should NEVER hide, if you have any debts that you last used/paid within the last say 7 yrs you must WRITE to the debt owner and inform them of your correct and current address if  you have moved and did not inform the original creditor - else more backdoor CCJ could be gained.

 

stuff CAB, usual bad advice, a CCJ is on your file for 6yrs paid or not, paying or not, the same goes for debts showing defaulted with a date.

 

to be quite frank unless you have written proof that capquest knew your correct address at the time of claimform issuance there is little you can do here to removed the CCJ.

 

 

[yolomeme]

Thanks Mate.

 

I have checked reports from all credit agencies and don't have any debts nor CCJs on my file. This is the only one outstanding.

 

Both my CCJs were from debts in 2015.

Satisfied CCJ - Arrow global sent repeated letters to my current address since May 2015 and I didn't respond until they filed a CCJ in 2020 and I paid it in full in 2021.

Active CCJ - Capquest on the other hand didn't update my address nor have they reported the CCJ to experian till date.

 

If Arrow and Capquest are the same, shouldn't Capquest have my updated address same as Arrow. I will call them on Monday and get clarification on my address details.

 

If it weren't for me enquiring about mortgage last year I wouldn't even have known about this CCJ. Some mortgage advisors have suggested to approach only those lenders that use experian but I am scared to take the risk in case they reject me after a hard search.

[dx100uk]

i am a bit concerned that the 1st thing you do whenever you see bad on your file is ring a fleecing DCA.

you should never do that. they LIE, to extort money out of people, they are not bailiffs and have zero legal powers on any debt.

 

credit files are not the only method mortgage lenders use and you seem to be a bit obsessed with them and what they show.

IMHO there is no need to ring them, both CCJ's were, quite correctly, registered at your old address and even if this turns out not to be true there is little you can do at this late stage upon either. paying off a CCJ does not improve your score, neither does it improve your chances of a mortgage.

 

quite frankly as i've said 100's of times before on CAG, go direct yourself to a mainstream lender, don't use a broker or an IFA and never show anyone your credit file as YOU see it as it shows all details. Let them request it and if they can't, because they don't hold a consumer credit licence to do so!!, walk away. there are numerous tales of brokers and alike scamming more fees out of people or getting a bigger commission from sub prime lenders because they see or are verbally told about old debt that do not and will not show upon their basic search.