Thread: Please Help with Statutory Demand - WON !!

Hi

I hope you can help me with this problem. I started talking about it on another thread but thought I'd better start a new one. I am becoming very anxious about it as it's been a few days now and am not sure what to do.

I received a "Statutory Demand" from CapQuest (re American Express). I was paying a DCA for Amex a small amount regularly then they sold the debt to I think ECI... I paid them for a good couple of years regularly... then again it was sold and I kept on getting demands from Capquest, only these people seemed rather more aggressive. Anyway, I never did sort a payment out with them and now this.... It's only an amount of about £800.

The SD from Capquest was sent by first class mail. I can't believe they're going to this length for £800 (£125 of that they say is interest). I am in the process of sending out CCA requests (tomorrow to CapQuest & others) after good advice on these forums.

Do you think it is worth phoning them and asking if they will settle at a (much) reduced figure to save us having to go to Court? We were just successful last week in getting a judgment set aside re Welcome Finance. I don't know what the judge is going to think if he sees us back in court again so soon with another!!! I would rather not have to go to Court.... but if we have to I need to know on what grounds?

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The lower limit for going for a BR petition is £750, so anything you can do to get the debt below this will nullify an SD (unless they can find a way to slap on more charges)

Thankyou dx100uk, miaow99 and 42man.

42man -it was for a Blue Credit Card. I have looked through the templates and can't find one for a S.A.R. Is there one on here somewhere? I have sent of a CCA request today Rec Del to Capquest. However the 12 working days they have to respond will take me over the 18 days I had to "set aside". So one question is, is it good enough grounds to say on the form "I dispute the amount of the claim and Capquest have not yet supplied me with a copy of the credit agreement which I have requested".
Or can anyone else suggest the wording I should put on the form please?

Miaow says that Capquest cannot go for Bankruptcy on an amount of £750 or less, so should I make payment on CQ's website to bring it down to say £700 and add that as grounds on the form?

Finally is it a good idea to write to them (you say I shouldn't phone!) and offer a Full and final settlement - and what sort of figure do you think might be acceptable (I have no idea what the usual acceptable percentage is).

All help is much appreciated, thankyou.

Originally Posted by Prudence

I have looked through the templates and can't find one for a S.A.R. Is there one on here somewhere?

There is one but it's geared to obtaining statements for bank accounts (CAG originally came into being as a forum for members to reclaim unlawful bank charges).

You can adapt it to include all the items you want -
-copy of original agreement
-statements, including explanations of transaction codes used
-notices (including default or assignment)
-correspondence
-telephone call logs, and transcripts of calls
-filenotes and memoranda
-'anything else'

Originally Posted by Prudence

However the 12 working days they have to respond will take me over the 18 days I had to "set aside". So one question is, is it good enough grounds to say on the form "I dispute the amount of the claim and Capquest have not yet supplied me with a copy of the credit agreement which I have requested".
Or can anyone else suggest the wording I should put on the form please?

On the application for set aside you have to put the reason you are applying for the set aside at the time you apply. You can't just assume that the DCA will default on a valid agreement. You're going to look pretty silly if they manage to produce one.

Have you already disputed the account for any reason? Is there any reason you could dispute it now?

There's a list of grounds somewhere on CAG that you can use to apply for a set aside. Can't put my finger on it at the moment (sorry).

Thankyou very much for that Palomino. I have found the list of ground you mention. I haven't disputed the debt as far as I can remember. I always spoke to the previous DCA for Amex (ECI) over the phone and maintained regular token payments. I know it is stupid but I just didn't get round to coming to an arrangement with Capquest.

The only grounds I can see (apart from the excessive charges angle which I don't know about yet till I get response from S.A.R. - except I see they say in their SD that £129 interest has been added since the assignement of the debt) is the fact that it will be under £750 if I pay them in the next couple of days a sum to get it down a bit. Do you think it's a good idea to bring it down to £700 and then put that on the form as the grounds?

Also do you think it would be a good idea to write to them & offer a full & final settlement figure?

Many thanks, P

How much is the debt over £750? As a cynic I would believe £1!
Does the extra £129 bring it below £750?

Otherwise I would do as you suggest : send them a payment to bring it below £750 and argue for F&F later. Send the payment asap so it clears well before you need to lodge the application for set aside. If you able to then pay by internet banking which they don't have the opportunity of refusing or delaying.

Hi, thanks palomino. The total debt is £808 inclusive of the £129 interest. I had a look on the web and you can pay them via their website I believe. Shall I say on the form in part a " because the amount is disputed". Then in part c say "the amount actually owed is [say] £700 which is below the threshold for bankruptcy petition. The total amount also includes a sum which has been applied as interest (£129) which I dispute [can I say that even though I haven't "disputed" it yet?]". Sorry to trouble you but I just want to get this right!

I'd be grateful if anyone could confirm that my suggestions in my last post re the wording on the set aside form are OK? I want to take the form into the court on Wednesday as I received the SD on teh 22 Aug. Many thanks!

Thankyou so much Palomino. Have sent off the letter.
Re the forms (I have got both of them now, thanks). Sorry to be a fusspot but on the affidavit form shall I choose the first option which is "I do not admit the debt because....." or just put my own grounds down as you have described for me.
You don't think (once letter received) I should pay a sum online to bring total under £750 just in case(!) Also settlement negotiations - should they take place before the hearing for set aside or wait till after?

Hi On Friday 5 Sept I received a letter from CapQuest saying:

"Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is now on hold for 28 days whilst we obtain the information required.

If you have any proof of payments or correspondence that would assist with your query, please forward these documents, with a brief covering letter, to our Collections Administration Department, sot hat we can resolve this matter as soon as possible."

I assume this is in response to my CCA request which I sent out on 26 August. What position am I in now? All help much appreciated as I'm supposed to file the "set aside"application by Tuesday!

Hi still set a side the SD as this is just a standard letter they send out i had one.Basicaly as you said just an acknoledgement of the letter.

Many thanks stuscfc, but by sending a letter to me saying my account is "on hold for 28 days" - does that let them off the hook for having to send me my CCA within the 12 days mentioned in the CCA request letter? Can they go over the 12 days?

So do I need to just put in the application to set aside and then wait? Or if they MUST send me the CCA within the 12 days then and they're clearly not going to, what should I do?

Originally Posted by Prudence

So do I need to just put in the application to set aside and then wait? Or if they MUST send me the CCA within the 12 days then and they're clearly not going to, what should I do?

You must apply for set aside

I think its 12+2 days not sure but they have to comply with your request doesnt matter what they have said to you.Yes go do the set a side i am sure someone will bealong with the proper advice for the rules with the cca request.

Originally Posted by stuscfc

I think its 12+2 days not sure but they have to comply with your request doesnt matter what they have said to you.Yes go do the set a side i am sure someone will bealong with the proper advice for the rules with the cca request.

After 12 working days the creditor is in default of your CCA request. However in this case Capquest is not the OC and the agreement has clearly been terminated by the creditor. In your application just say you dispute the debt & put crediot to strict proof by means of an enforceable cca