Capquest Statutory Demand threat

[payingonlyencouragesthem]

I got the letter from Capquest this morning explaining what an SD is and how I would be issued with one if I didn't ring them ie give them my phone number immediately. I've made numerous requests for info asking what the debt is for and have just been stonewalled. They have provided what looks like a valid agreement (Amex credit card) but this is for a debt about half the size of what they are claiming. They won't provide any breakdown of charges etc. My understanding is that threatening debtors with SD's under these circumstances would contravene OFT guidelines. Would be grateful for any ideas as to how to proceed - prefer not to take it up to the wire with a court hearing but was thinking along the lines of a FOS complaint. Thanks.

[ScarletPimpernel]

The OFT Guidance says that failing to provide debtors with a information when reasonably requested is an unfair practice.

Send capquest a formal complaint about this breach - you have to go through their procedure anyway before going to FOS.

If this has anything to do with Amex, I'll bet they've included a 'file referral fee' - this will almost certainly not meet the OFT criteria, so should be challenged. This provides you with a reason to put the account into dispute, and they must then suspend all collection activity.

Alternatively, or as well as the above, write and complain to Amex about capquest's behaviour - under the good old OFT rules they have third party responsibility. I have done this with 3 DCAs, and Amex have taken every complaint seriously; ignore the first 'fob-off' letter and say you want it dealt with properly, and they'll call capquest off.

[payingonlyencouragesthem]

Thanks good idea I'll start the complaint ball rolling. I think capquest are basically fishing for phone numbers with these letters. The phone chimp rather than the courts seem to be their weapon of choice.