Capquest Stat Demand For Bankruptcy **WON + COSTS**

**gilly5001** · 15th October 2008 11:59

hi there,

i have today recieved a letter second class from capquest stating attached is a stat demand for bankruptcy saying i should contact solicitor if need help etc. the attached document doesnt look like court document or anything is that right? it does say form 6.1 in the top corner
it is three pages long and dated the 12th which was Sunday.
the particulars of debt reads
the debt relates to the unpaid balance of sums due under Credit agreement dated made between miss XXXXX and Bank of Scotland icon

in respect of a PREFERENCE account number xxxxxxxxx. the agreement terminated upon the failure of XXXXXXX to comply with the terms of the agreement and/or a statutory notice of default served by Bank of Scotland.
the rights and duties of BAnk of Scotland passed to the creditor pusuant to an assignment dated 27 jun 08
the total amount due at the date of this demand is £1776.34 which includes interest icon

of £0.00, which has accrued since assignment of the debt.

it then goes on to say i need to set it aside, do I? is this the correct document. Im pretty sure i havent had that notice of assignment. im sure thaydont have the credit agreeement seeing as the date of which is not entered in the details.
can I cca now at this stage, the covering letter says i can ring them and make an arrangement and they hope we can solve without bankruptcy?
i really dont know what to do. im thinking about ringin and making an arrangement then it will keep them off my back, scared of fighting cause dont want to have to go to court, what if lose. in my profession i wll be sacked icon

if made bankrup
please please help

Gilly5001

Similar Threads:

**supasnooper** · 15th October 2008 12:13

Hi there,

read post #2 on the link below which has the advice you need.

http://www.consumeractiongroup.co.uk...at-demand.html

Hope this helps.

**spamheed** · 15th October 2008 13:57

You need to get this set aside icon

asap, keep the envelope that the SD arrived in, posting an SD second class is a definate no-no? if so, the debt is indispute and this again is enough for a set aside.

If you don't owe the money - don't enter into aan agreement, DCA's are throwing SD's around like confetti at the moment and judges are starting to get annoyed at attempts to use a very serious bankruptcy process for debt collection icon

purposes.

Don't give up - all is not lost yet.

Hope this helps.

If you feel that this has been helpful, please feel free to tip the scales

**gilly5001** · 15th October 2008 14:15

Hi thanks for your help
Im going to contact the court now for an appeal form.
as for owing the money, I do owe it and spent some time paying £10 or £20 off a month till the DCA icon

at the time decided wasnt enough. Im happy to pay i just dont like the tactics
thats why could fight cause not followed procedures or make an agreement if they'll come to a reasonable one. Im happy to pay and hopefully one day wil be able to just clear them all
if i make an arrngement with them should I still have it set aside icon

as how can i know they wont fil for bankruptcy anyway

thanks
Gilly5001

**gilly5001** · 15th October 2008 14:18

is it worth CCA them aswel, can this be used as defence if they continue.
thinking of making agreement and cca'ing them at same time so if they pursue i will have been making payments and hopefully they wont have followed up CCA request

**42man** · 15th October 2008 14:25

Gilly....you can find forms 6.4 (set aside form) and 6.5 (affadavit) here -
http://www.consumeractiongroup.co.uk...emand-set.html

You should ring your local county court icon

to find out if they handle bankruptcies/insolvencies, if they don't then they should be able to tell you the nearest that does...you have to get forms 6.4 and 6.5 filled out, and take them in to the court within 18 days of you receiving it. When you go to the court, you need to ask them to 'swear' in the documents which they should do for free (costs £5 at a solicitors) or at London courts they charge £12 !!....

If it was me in your shoes I would send them letter 'N' from here ASAP, send this by recorded delivery, and enclose a £1 postal order, and do not hand sign it....

Letter 'N' - http://www.consumeractiongroup.co.uk...templates.html

What you must also do is read these threads here....which will give you some invaluable advice to filling out the affadavit....you basically need to totally dispute the debt....

http://www.consumeractiongroup.co.uk...connaught.html

http://www.consumeractiongroup.co.uk...st-credit.html

http://www.consumeractiongroup.co.uk...est-425-a.html

http://www.consumeractiongroup.co.uk...rocess-sd.html

http://www.consumeractiongroup.co.uk...edit-stat.html

It might be a little early to send back your 6.4 and 6.5 just yet...but have a read of the above and if you do need any help or advice please SHOUT....

**spamheed** · 15th October 2008 14:26

Rule no 1 - dont trust them or believe a word that they say, without a set aside icon

there is nothing to stop them filing for bankruptcy, they will tell you whatever they have to to get you to pay, nice or nasty either way and after that, if they are still within deadline - there is still nothing to stop them filing against you

"Just because a dog wags its tail doesn't mean it wont bite" written by someone with teethmarks on their hand

**42man** · 15th October 2008 14:26

And keep the envelope it came in !!!

**gilly5001** · 15th October 2008 14:37

thats great guys, im off to send them letter N now and will have a good read of those threads later on!!
Just rang them cause thought would make an agreement, the nice man said they needed a 50% deposit of £800!! ha ha
I said i would come to an arrangement with them but that was ludicrous, he stuck to his guns they would except no less so now will have to get it set aside icon

and they have lost out. i was offering £30 a month

hey ho, thankyou so much for all your help, ive got the envelope here as well ist class though!

**nevos** · 15th October 2008 14:59

I wouldnt worry yet. How long ago did you get the credit? BOS icon

lost both of mine and made 14K none collectable.

**gilly5001** · 15th October 2008 17:05

hi i got the credit with a car I bought in 1999. I didnt even want the damn thing it came automatically and then things got tough and we ended up using it. there are def charges on it though cause my limit was 1200 and i didnt go over it, so therefore the rest is charges. Im going to SAR icon

them i think so know have got a counter claim
Thanks
Gilly5001

**nevos** · 16th October 2008 12:14

hi i got the credit with a car I bought in 1999. I didnt even want the damn thing it came automatically

Hi, what do you mean, you took a loan out and bought a car?

**gilly5001** · 16th October 2008 12:21

hi no we got car finance throughblack horse then this key card arrived from BOS icon

saying it was a preference account. it was a visa basically with a £1200 limit

**nevos** · 16th October 2008 12:45

It is hardly worth them going through with a petition IMO, it would cost them around £900, as they probably bought the debt for 10 or 20% of the value, it looks like a scare tactic. Did you send the CCA recorded delivery etc? The letter says you dispute the debt until such time they can produce the CCA in it's entirety not a photo copy of a single page also, they need proof of sending a default notice which, you don't recall ever receiving or a letter of assignment. Dont panic.

**gilly5001** · 17th October 2008 13:53

hi yes sent recorded yesterday, will have it set aside icon

to be safe though, so watch this space, see what they do next
thanks for everyones help
Gilly5001

**gilly5001** · 22nd October 2008 22:25

Hi
Just an update, today received letter back from capquest stating account on hold while they get copy of my credit agreement and asking in the meantime for any evidence or documents I may use to dispute the account so they can work for both sides !!!
Will take forms to court next week to have set aside icon

regardless of what they say anyway

**42man** · 22nd October 2008 22:29

They are losing their bottle.....oh yes, we'll send a stat demand....oh and we'll work together.....well done Gilly and well said....

**gilly5001** · 29th October 2008 13:05

hi
just about to fill in 6.4 and 6.5 but i dont know what to put on the forms, can anyone help. im such a div at these things.
hoping to get to court on friday am so panicking a bit now, dunno why havent looked at htem before now thought would be simple

**42man** · 29th October 2008 13:11

Filling out 6.4 help here - http://www.consumeractiongroup.co.uk...ease-help.html

**42man** · 29th October 2008 13:12

And have a look in my post number 6 above for the affadavit.....if you're still stuck.... shout....

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