Threat of Statutory Demand in 10 days

[Dibsthefrenchie]

This is in regards to a Capital One credit card that Capquest have allegedly purchased, the balance is just over £800, I have not seen anything to support this, other than threats through a collector called Scotcall.
I sent a CCA request to Scotcall in September 2007 and received a letter dated October 2007, stating that they are unable to obtain the agreement and were returning the account to their client.
I have not received anything since then, until todays letter threatening a statutory demand in ten days, unless a settlement payment is made of £500.
Please, can someone offer advice on what to do next?
Thanks in anticipation.
Dibs.

[tiglet]

Bump

[nicklea]

More often than not these letters are just idle threats.

From the letter you have from scotcall they don't have the original agreement so they haven't got a leg to stand on.

I would suggest wait and see if they do serve teh statutory demand on you. If theydo then it's a straightforward matter to get it set aside. Just come back here and ask for help

[rory32]

Account In Dispute
LETTER BEFORE ACTION - DO NOT IGNORE

Dear Sir/Madam,
I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to this alleged debt.
I would take this opportunity to remind you that **DCA** have failed to comply with my Consumer Credit Act request of xxxx. Consequently enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If **DCA** chooses to ignore my dispute and attempt enforcement, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

I will also have the statutory demand that you have threatened set aside on the basis that any alleged debt is completely disputed. I shall also aver that your action is vexatious in its nature. I give you warning that I shall also be claiming costs against **DCA** and may take further legal action against **DCA**

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully


Print Name (do not sign).

Send recorded delivery.

[Dibsthefrenchie]

Rory, thank you, I will copy the letter and post on Monday.
Dibs.