Statutory Demand

[aaek]

Hi everyone,

I've rec'd 2 letters from same DCA (CapQuest) for 2 a/cs. First stating that they understand my financial position is not right and offered me 50% straight away.
Second is legal treat for issuing me with Statutory Demand (Form 1) sometime around next week.
Can't really make of it , how they can manage to agree 2 different situations on same date?
This makes me think its their just another trick.
Is this possible?
These letters are addressed to my old address which I've left 4 months ago even before they started sending letters out there.

Well, how can they get money out from me if they don't even know where I live....and on top of it,.......... I don't have my own house, so no assets what so ever...the only expensve asset I have is my laptop(£450.00) hihi.....

Can they go for CCJ or Bankruptcy as they stated in 2nd letter?

[excel1]

how much is it for?

[PriorityOne]

How old are these accounts ? What kind of accounts are they ? How much are they chasing you for ?

Assuming that one, or both, of these accounts fall under CCA law, you need to send them a CCA request as soon as possible by rec. delivery. Do not sign it.... enclose a postal order for £1 (not a cheque) and ssend by rec. delivery. Keep the receipt.

If you do not place the account in dispute through a CCA, then they could go through a CCJ by default.... so it needs to go off a.s.a.p.

The link is here...

Creditors and DCAs - Letter Templates & Budget Planner

Letter N is the one you need.

[aaek]

These accounts defaulted in 2003.
One is a credit card and another is overdraft on bank a/c.
Money was stolen from both accounts. I reported theft in overdraft account and reported to credit card for theft in credit card account.
Went overseas and when came back the accounts were cosed. I withdrew rest of the monies from these accounts before leaving; out of fear that they will be lost as well.
Might be a mistake but seems reasonable at that point.
Although I told the bank manager about my leaving abroad and I requested (verbally) to send inform me about the case as it proceeds.
But they never responded and since then it is going on.
But as i keep on changing he houses, I never came across these letters and god knows what were in these letters anyway.
But now the amount is doubled and still they don't have my correct address.
I called them in Jan 08 and explained the this and they said they will but this on hold but they never did.
So they got me angry and I must say I have little intention of paying this off as I'm annoyed by their behavior.


I now received letter at old address stating 50% off in one and warning of legal action of Statutory Demand in another.

I don't want to start these CCA things as yet. What can possibly go wrong in this case.

[PriorityOne]

Originally Posted by aaek

These accounts defaulted in 2003. Are you absolutely sure that it was 2003 and not earlier... as if it was earlier, they would be statute-barred by now.
One is a credit card and another is overdraft on bank a/c.
Money was stolen from both accounts. I reported theft in overdraft account and reported to credit card for theft in credit card account.
Went overseas and when came back the accounts were cosed. I withdrew rest of the monies from these accounts before leaving; out of fear that they will be lost as well.
I've read through this post and noticed your comment about not wanting to CCA this bunch.... but you really need to. It's the only way of buying yourself time and placing the accounts in dispute. Although the overdraft doesn't fall under CCA law as such, it's worth sending one for both accounts under separate cover.... as Capquest may not realise this. One of mine didn't.
Might be a mistake but seems reasonable at that point.
Although I told the bank manager about my leaving abroad and I requested (verbally) to send inform me about the case as it proceeds.
But they never responded and since then it is going on. This tends to happen with verbal "agreements"....
But as i keep on changing he houses, I never came across these letters and god knows what were in these letters anyway.
But now the amount is doubled and still they don't have my correct address. Probably due to unlawful charges.... so if they do get sh*tty about the overdraft "CCA", you can send a different legal request; S.A.R - (Subject Access Request), in order to see how much has been added. This should go to the original creditor.... in order to see what the balance was before it was passed over to Capquest. It should also show details of your reporting of theft from the account(s).
I called them in Jan 08 and explained the this and they said they will but this on hold but they never did. Verbal.... so worth zilch.
So they got me angry and I must say I have little intention of paying this off as I'm annoyed by their behavior. Don't blame you ! ... and unless they have the legal right to collect payment from you, you won't have to either.
I now received letter at old address stating 50% off in one and warning of legal action of Statutory Demand in another. Well, that suggests they have no docs.... otherwise they wouldn't be approaching you with such a huge discount.
I don't want to start these CCA things as yet. What can possibly go wrong in this case.
You must.... otherwise they could go straight for a CCJ (County Court Judgement) by default. That's what could go wrong.

[aaek]

thank you P1 for your advice.

i must admit that I shouldn't be blaming myself for all this.
I will start the CCA procedure after few days as in middle of changing address.

One thing to notice, when I receive my first letter it was from Telegram and they clearly stated that they have got my address details from Experian, which I used to check my credit file. However when i applied for credit check with Experian, they never sent me any file and send me an email stating that there is some problem on your file and they need me to contact (phone) them and only then I can get my file.

Now, isn't this a case of selling my information without my consent or they can do this for anyone they want?

If this is the case then we can be victim of identity fraud all the time.
Its same like calling your mobile network co. and giving them details of your credit card someone sitting in India or whatever and they can use details as they want.

[PriorityOne]

Telogram is some gimmick to get you to make contact, that's all. Don't worry about this for now... it's done.

Do you know if the last written payment/acknowledgement was 2003 or earlier ?

If unsure, send off the CCA requests as detailed above... making sure that each one is headed with the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. Very important.

[aaek]

Thanks P1,

Money from my accounts was stolen on 1st July 2003 and I withdrew all money from my overdraft & credit card by 10th July 2003. After that there is no communication with bank because I left for overseas on 11th July 2003 & returned back in December 2003 and changed address.

Tell me one thing,
If they don't have my address then even if they issue a CCJ, what will happen.
I know it will be on my credit file but I didn't get my credit file anyway.
I do understand that it will be on my file for 6 years but if I don't take any action and don't pay them any thing up to 2009 or even contact them, will it be automatically statue barred?

I'm not saying that I don't want to pay them, when I called them on 5th Jan 08, I told them that its registered police case and I'm ready to pay what I actually owe + interest but they seems to think they can push me even knowing that it was a case of theft.

But seeing the behavior of bank & then these morons I truly appreciate this website which in some case helping people telling that this is not the end of world and these big institutions are not governing us as they like.

[PriorityOne]

Originally Posted by aaek

Thanks P1,

Money from my accounts was stolen on 1st July 2003 and I withdrew all money from my overdraft & credit card by 10th July 2003. After that there is no communication with bank because I left for overseas on 11th July 2003 & returned back in December 2003 and changed address.

Tell me one thing,
If they don't have my address then even if they issue a CCJ, what will happen. If you've already got a CCJ on this, I would wait for them to confirm it.... because they surely will if one exists. You can then look into your options. If you're talking about them going for a CCJ now.... then in theory, they might as you will have confirmed your address (so to speak) by responding to Telogram. A CCA request will stop them from doing this however.... by placing the account(s) in dispute.
I know it will be on my credit file but I didn't get my credit file anyway. Don't bother....
I do understand that it will be on my file for 6 years but if I don't take any action and don't pay them any thing up to 2009 or even contact them, will it be automatically statue barred? Unless there's a CCJ, then yes.... and even if there is a CCJ, they would need to prove its existence to you. To be honest, I doubt there's a CCJ... otherwise they wouldn't be threatening you with a Stat Demand.

If they hadn't mentioned a Stat Demand, then you could have left this one to rot a bit longer, but since they have mentioned it.... the CCA request seems to be the way to go in order to protect your interests. You must include the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOR COMPANY on the top of each one though !!.... and follow the procedure oulined above (no sig.on it/rec. delivery, etc).

It's a shame that you can't confirm that all payments/written acknowledgements stopped before 2003.... it's so close to being statute-barred...

I'm not saying that I don't want to pay them, when I called them on 5th Jan 08, I told them that its registered police case and I'm ready to pay what I actually owe + interest but they seems to think they can push me even knowing that it was a case of theft. Don't ever call them... they are in business to collect money and don't give a stuff about anything else. It has to be in writing only from now on.... so if they call you, just hang up or refuse to go through "security".

But seeing the behavior of bank & then these morons I truly appreciate this website which in some case helping people telling that this is not the end of world and these big institutions are not governing us as they like.

Absolutely !!

I'm not looking at the theft angle on this at the moment because it won't stop them from doing what they want to do.... unlawful or not. If they do come up with any enforceable docs. however, we can look into the theft issue then. For now though, the CCA route is the simplest/quickest way to get them off your case, IMO.

[aaek]

Thanks P1

I also thinks that this might be just right time to start doing CCA request. But if I tell you that after mentioning Stat Demand and other bankruptcy stuff they however in the ending paragraph gave me option to close this by offering 70% discount.
What this sounds to you, an hunting expedition or genuine stat demand notice?

And what about theft angle, if all the money was not takien out by me then why should pay it back in first place?

[PriorityOne]

If they're offering you 70% off... then there are probably no docs., otherwise they would go for the full whack. The stat. demand sounds like an empty threat to be honest, but there's no saying for sure that they won't try it on.

If they do have docs., then we can look at the theft angle then... but to be honest (again)... the CCA route is the easiest and safest way of placing an account in dispute. If you were to just write to them about theft, etc.... they would take absolutely no notice of you. They can't do that with a legal request... which is what the CCA is.

Hope that helps.

[aaek]

Apologies P1
They offered 30% not 70%. Ok I got your point on theft angle.
Can I make my friend caretaker of this process. I men by this is that can I put my friend's address and his name as c/o rather than giving my address.

Will they accept to do this, as I feared that once they get m address they will try to harass me with numerous calls and home visits which I don't want.
This came to my mind after horror stories in these forums with what is happening to some people.

Somehow I cannot gather the courage to start any conversation with them. I have nothing to loose as I don't have mortgaged house or other stuff but with whatever money I have , it will be gone in there £72 a letter charges or 25% interest on balance. I'll left with nothing.

I need more time and I know I will bounce back with full preparation once I sort out some personal issues which are rather important now than tackling with these morons.

[PriorityOne]

Originally Posted by aaek

Apologies P1
They offered 30% not 70%. Ok I got your point on theft angle.
Can I make my friend caretaker of this process. I men by this is that can I put my friend's address and his name as c/o rather than giving my address. That's placing an unnecessary burden on your friend, IMO... and could complicate matters for you, should he receive correspondence and "forget" to pass it on/misplace stuff and so on.

Will they accept to do this, as I feared that once they get m address they will try to harass me with numerous calls and home visits which I don't want. These are unlawful anyway and can be stopped.... so no worries.
This came to my mind after horror stories in these forums with what is happening to some people. A lot of people come on CAG with such stories, but as their threads progress you'll notice that things improve quite quickly...

Somehow I cannot gather the courage to start any conversation with them. In writing ONLY... no more conversations. I have nothing to loose as I don't have mortgaged house or other stuff but with whatever money I have , it will be gone in there £72 a letter charges or 25% interest on balance. I'll left with nothing. Unlawful charges.... so they can't have these anyway.

I need more time and I know I will bounce back with full preparation once I sort out some personal issues which are rather important now than tackling with these morons.

Trouble is... there's no way of knowing that the stat. demand is a bluff for certain....

[aaek]

Once again P1 thanks for your support and advice.

I'm certain that I'll proceed in few days and will come back to you when I'll post those CCA requests to morons. Also, I'll be updating my post to let all CAG know what is happening to me and my case. I really appreciate what CAG is doing for society and would like to add value to it.

Once again thanks P1 and I'll be back in couple of days.

[aaek]

Hi again,

I'm in midst of changing address so cant do anything about this.

In the meanwhile I'm receiving threatning letters of Statutory Demand processings from DOGS and letter also states in the end discount of 50% of total amount they state in frist letter.

What you reckon?