I hope I have posted in the correct place this time.....

Can anybody help with this matter asap, only a few days left to act, due to dealing with personal family matters!

Regarding an Aqua Credit Card and Capquest.

In July 2010 I received a letter from a company called Moorcroft who were demanding money for an Aqua Credit Card I had applied for in 2006. Questioning the balance at that time they were sent a letter requesting all documents related to that account plus £1.

On the 16th July I received a reply from Moorcroft confirming my account was on hold until my request had been dealt with. (original letter kept)

I heard nothing more so ignored it and did not get in touch with Moorcroft again.

In January 2011 I was being bombarded with calls from a company called Capquest, and would not even confirm who I was until they sent me something in writing to confirm who they were or what they were calling about. A letter was sent confirming who they were infact Capquest and that the calls were in relation to this same card! So.....Moorcroft did nothing and passed it on I guess!

In short, I replied to Capquest stating that I had already contacted Moorcroft regarding this account, stating in was now in dispute, the reply I received was basically, Aqua had no knowledge of any previous request being made, and that as I had not submitted £1 they were under no obligation to act in any time frame. (How many times does one have to submit a £1 postal order to get any paperwork?)

After several weeks I was sent papers from Capquest, which were photocopied statements which to date I still dispute, because of the balance. Lack of response means hundreds of added interest, (currently the balance they are demanding is £3624) I also received a photocopy general T&C, a poor photocopy Aqua sold debt to Capquest, and an Application Form, headed "Your Priority Application Form" again a photocopy with just my signature and nothing signed by Halifax, the box is blank??

As I felt I was wasting my time they were determined to nail me for all this money, I chose to ignore threat after threat after threat.....7 in total I can lay my hands on since April alone.

I have now been issued with a SD notice and am unsure as to what I should do now, or to just carry on ignoring them, trouble is I am sick of the stress and the matter going on and on! Still lots of questions but any advice much appreciated, bearing in mind I have left myself with approx just 2 days to act

Hi Mel

This has been flagged up to the site team.

Thank you.

Hi

Only just seen this

Capquest are sending out SD's like confetti. They are using it as a debt collection tool and not for what it is primarily for, a precursor to bankruptcy.

Unless you have property, they don't usually follow through with the SD (and even if you do, they sometimes don't)

I bet the contact name on the SD is Barry Davies. He is very elusive. You should be calling him on three separate occasions over three days. He tends not to be there or the phone jockeys won't put you through unless you give your personal details (which you won't do) If after the 3 calls you haven't spoken to him, that is grounds for getting the SD set aside. If he actually does answer, just say you are going to apply to get the SD set aside.

Is there charges applied to this account?

Yes the name on the demand is Barry Davies. The demand states, particulars of the debt: £3624.44 includes interest of £237.09, and to be honest a fair amount of that balance is due to interest that was being charged at approx £90 per month! I will get those calls made too.

How was the sd delivered?

By normal post / signed for or delivered by hand?

Fox is correct, under insolvency laws, the contact on the sd MUST be contactable.

The demand came by normal post, I think maybe first class, but not signed for or hand delivered!

Have a look at this post for how to get the SD set aside

http://www.consumeractiongroup.co.uk/forum/showthread.php?189218-Statutory-Demand-rec-d-by-Special-Delivery-**SET-ASIDE**&p=2041114&viewfull=1#post2041114

Have also sent out a couple of S.O.S's for you.

Thank you very much.

Just a couple more questions to ask in addition to all the above, the overall balance since Capques claim to have been assigned has varied on almost every letter of correspondance from them, could this be due to interest still be charged? Secondly their threatning letter sent prior to the demand states " our investigations into your current financial position, based on the information we hold are now complete and it is unfortunate that we are preparing a SD etc, if they had looked into my finances I assume they would have at some point maybe accessed my credit file. The person named on the demand is my former name and not my current married name, which I had a letter of confirmation was updated on the electoral roll in August 2010 after my marriage last year. Does this make any difference to the demand?

Sorry for all these questions, I am clueless basically!

Just adding this. Could you subscribe to this thread as well please

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

Hi Mel,

CitB has asked me to look in for you. Unfortunately SD's are not really my strong point

I'll keep an eye and help where I can.

JOgs

Thank you all for all your help with this

Please have a read of this - http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

I decided to ignore the notice, just as Capquest had ignored all my previous correspondance! No further action was taken on the SD, and Capquest have now passed the account on to yet another firm. Does anybody take any notice of your letters?? I guess I start all over again

I decided to ignore the notice, just as Capquest had ignored all my previous correspondance! No further action was taken on the SD, and Capquest have now passed the account on to yet another firm. Does anybody take any notice of your letters?? I guess I start all over again

Did you make a complaint to the OFT ? If no further action was taken on the SD, it is fairly evident that it was sent to intimidate!

No, I did not make a complaint at that time as I wanted to be sure, and wait to see the outcome of the demand notice and if action was actually taken. Now I have the proof, that it was never their intention to file for BR, as the alleged debt has now been passed on to another company, I will complain as necessary. If somebody could kindly point me in the direction of the template letter I came across on these forums, I will happily send off a complaint about Capquest asap. Thank you.

No, I did not make a complaint at that time as I wanted to be sure, and wait to see the outcome of the demand notice and if action was actually taken. Now I have the proof, that it was never their intention to file for BR, as the alleged debt has now been passed on to another company, I will complain as necessary. If somebody could kindly direct me in the direction of the template letter I came across on these forums, I will happily send off a complaint about Capquest asap. Thank you.

Here is the letter, silverfox drafted.. taken from the thread linked below..

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

Printed below is a letter you could adapt to your own situation when complaining to the OFT

 

YOUR NAME AND ADDRESS.

 

FAO Ray Watson

 

Dear Sir

 

I wish to make a formal complaint about a company called Capquest. I have recently received a statutory demand which I intend to set aside due to a major dispute / which I have set aside in my local court, and despite (no response from Capquest / them not appearing in court) / to which I have not responded, and it is clear to see that as the time has run out to present a bankruptcy petition / It should be mentioned that at no time have they attempted any kind of personal service which I believe is an integral part of the Insolvency procedures. I feel they have used the demand as a debt collection tool.

 

I understand that another debt collection agency were given 'requirements' by the Office Of Fair Trading back in 2009. In your requirements imposition you clearly stated to 1st Credit that.

 

refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated

 

Can you please clarify to me if I am correct in stating that all debt collection agencies compliance departments should comply with this ?

 

I realise that you will not be able to get involved in individual cases, but I would like to bring this to your attention.

 

Yours sincerely

 

 

You could also add in the letter above.. that it is obvious that CQ had no intention of following through as the account has now been passed on to another DCA.

I would also suggest you write to the new DCA and explain what has happened.. you can include a copy of yoru OFT letter to further push home the point.

Hi

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA