Capquest Stat Demand - Advice Needed!

Norfolkboy · 16th June 2008, 09:50

I have been paying off an old credit card debt (£2650) with the awful Capquest under a payment arrangement agreed with them (quite happy to do so - I owed the money and want to clear the debt, been through the CCA route etc). Unfortunately, I've been ill, ending in a trip to hospital, and missed a payment at the beginning of this month - admin not being top of the priority list! I contacted Capquest and made a payment by debit card when I realised. They then told me that the arrangement was now null and void, and that they had 'writen me a letter' about the matter. The letter, of course, when it arrived was a Stat Demand. They want me to phone thm today to discuss the 'letter'. Now clearly, I am not going to do that as it would acknowledge recepit of the SD. But equally, I want to write to them with an offer for a reduced settlement - which I can just about afford, and I really want this off my back. BUT: I do NOT want in any way to indicate receipt through the post of the SD. Any thoughts please?? Presumably, a straightforward letter of offer would not imply that I had received a SD from them? I'm really stuck with this one. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!!

Many thanks,

The Norfolkboy

42man · 16th June 2008, 10:16

If you want to make them a full and final offer, then send it by recorded delivery, (if they are going to accept then you need everything in writing) what was the result of the CCA request ?, you could also use that as a bargaining chip if they have neither produced it or it is unenforceable. Also were there any excessive charges that have been added to the account ?

Norfolkboy · 16th June 2008, 11:44

42man,

Thanks. The result of the CCA letter was a photocopy of my signature on the application form for the credit card, titled 'credit agreement regulated by the consumer credit act 1974', and dated 23 Feb 99. The rest of the document is not there. Capquest also provided statements for the account, which do show some late payment charges (£15 each time) and, of course, interest. Not sure if these count as excessive.

I wouldn't, of course, send anything to this lot without it being Recorded Delivery. My worry, as I say, is that I might imply receipt of the SD - and this I am not prepared to do. If capquest had the b*lls to do things properly, I might give them more time. But as things are, I just want to get the debt cleared. What I will do at a later date is Subject Access Request them, as they wrote to tell me they had carried out investigations into my financial affairs before threatening the SD. I want to know what, if anything, they did. And if they didn't carry out 'investigations', then I shall engage my solicitor!!

42man · 16th June 2008, 11:51

Does the stat demand have an official court stamp on it ?

42man · 16th June 2008, 11:52

As for the investigations they probably looked at the land registry and saw you woned a property !!

Vampyra · 16th June 2008, 11:56

Quote:

Originally Posted by 42man

Does the stat demand have an official court stamp on it ?

Does an SD need an official court stamp then?

Norfolkboy · 16th June 2008, 12:01

42man,

The SD does not have any court stamp on it at all, official or otherwise! Nor is it original signed, if that is of any interest.

42man · 16th June 2008, 12:16

Some DCA's will type one up to see how you react.....no stat demand should be ignored, but if in doubt go to the local court and ask them...

Norfolkboy · 16th June 2008, 13:01

Presumably, though, if I go to my local court and set this aside, it indicates acknowledgement?

nicklea · 16th June 2008, 16:03

Quote:

Originally Posted by Norfolkboy

BUT: I do NOT want in any way to indicate receipt through the post of the SD. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!!

Quote:

Presumably, though, if I go to my local court and set this aside, it indicates acknowledgement?

Hi,

Do you mind me asking why you don't want to acknowledge receipt of the SD?

You say that the SD hasn't been correctly served - is this because it was sent to the wrong address? As long as it was posted to the last known address that they have for you then it has been correctly served.

If you don't get the SD set aside they can apply to make you bankrupt. If you see on this thread, Connaught (who are similar to Capquest) are actually saying this to the poster:-

Statutory Demand - Connaught Collections

Going through a bankruptcy petition is arguably a lot tougher than a set aside application.

The SD isn't a form issued by the Court so it doesn't need a court stamp. It is a form that needs to be sent to you before they can start court action.

I would suggest that, as 42man says, you offer them a full and final settlement.

I would also suggest that you do apply to have it set aside. From what you have said, the agreement is unenforceable. Also, I am sure that they will not have assigned the debt correctly so they will not be able to take you to court. But, regardless of this, if you do not have it set aside then they can apply to make you bankrupt

Norfolkboy · 16th June 2008, 21:08

Thanks. Think I know where YOU are coming from.

nicklea · 17th June 2008, 08:48

Quote:

Originally Posted by Norfolkboy

Thanks. Think I know where YOU are coming from.

Sorry??????

I don't really understand what you're saying here

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