Have you sent a Subject Access Request to Halifax?

Well done you =O) You did great. They should eventually realise that all they are doing is wasting money calling you. If possible, next time, after you've said that, try leaving the phone off the hook until they hang up. No point making it cost less for them is it

Can anyone give any advice as to what to do when a non-compliance letter and harrassment letter haven't worked as I'm completely ignorant there.

No, the debt is still there. If it is set aside it just means that they can't go ahead with that bankruptcy petition. If they do send a proper SD (which will probably be signed by Johanna O'Keefe) then it's probably just another scare tactic but you must get it set aside immediatly, just in case. If you do successfully get it set aside then be sure to claim costs also. I recently got awarded £150 costs against Capquest for a set aside. The more of us that claim costs the sooner these companies will stop using this method.

I'm not an expert and I'm sure one will be along shortly to advise you but a couple of things stand out to me straight away. Firstly, this isn't a statutory demand yet, it just seems like an attempt to scare you. I know you said you have given up on trading standards but I would contact them again as seems an abuse of process to me. Secondly, I am curious as to how a £2000 debt is now almost £3000. Thirdly, the agreement you mentioned there doesn't seem like a proper credit agreement so I would be tempted to send a non-compliance letter. Fourthly, I would straight away send the letter which is on here saying that phone calls and personal visits are not acceptable and will be considered as harrassment. Remember not to sign any letters that you send and to head every letter with 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY'. Hope I've helped a bit.

Capquest - Johanna O'Keefe - idiot I spoke to said she wasn't available but could call me back. Never did but I had the SD set aside anyway. Red / Lowell - Andrew Bartle - idiot I spoke to said he is a company director and employs others to take calls for him. On the set asides for both of these, I included the fact that they weren't contactable.

Be honest with them when they come and say that you don't live with him but you do spend time there to make sure he is okay. If you honestly don't live together then you're not doing anything wrong. Does your boyfriend have any help from any local mental health service? If so, they could possibly be there when they come also. If not, see his doctor immediately about getting referred to them.

There are 2 types of jobseekers allowance, 1 for those who have paid contributions, 1 for those who haven't. The application process is exactly the same though. You can claim JSA until either 8 or 9 weeks before you are due to give birth, then you can claim income support.

I've just been dismissed from the DWP for illness as they couldn't support my disability (great example to set eh). I worked taking benefit claims so I know a bit about the system. Firstly, they cannot refuse you applying for a benefit. Everyone has the right to apply for any benefit. It is then up to the decision maker to see if you will get it. As previously said above, you can apply for JSA or reduced rate income support while appealing your IB decision. Decide which one you want to go for then phone them back up. The way you answer the questions will show what benefit you may be eligible for. If you answer honestly then yes, the system will show that you don't show any entitlement to JSA but you need to say that you want to apply for it anyway and they can still select it on the computer. Don't let them dissuade you from this. Remember it is your right to apply for any benefit that you want to. If you are going for JSA then you will have to attend a work focused interview at the jobcentre, and you can explain your circumstances there.

Oh I disputed everything about it lol. I think the judge concentrated on the deed of assignment because it was a clear concise thing to base his decision on.

Today I had my hearing to have my crapquest SD set aside. Nobody from crapquest turned up and I won because of a fake deed of assignment that they sent me that the judge agreed was fake. I submitted costs and the judge agreed £150 of the costs. I'm so pleased. Just got to see if they pay up now, the judge has given them 14 days.

Thanks very much Shawn, I'll bear that in mind when I need more help =O)

Can anyone please explain the rules regarding overdrafts? I've read through tons of threads and some say they are covered by CCA, some say they aren't and some say only some of the CCA applies. Does anyone have a definitive answer?

Hi John, I'm in the same boat with a Capquest SD. There are lots of others here also dealing with this so I'd reccommend reading through the threads, including the thread with sample letters ( http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html ). My own thread is here ( http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154556-me-capquest-hsbc.html ) which includes the letters I sent, to get you some idea of what you need to do. If you do use these letters, make sure that you take notes of the comments in the thread as I made some mistakes.

Today I've had a letter back from Capquest saying thanks for your correspondence and your account is on hold while we request the information from HSBC. They have included a deed of assignment though but I think it is invalid. The deed of assignment is dated yesterday so I think they've just drawn one up in order to send it to me. Am I right that this isn't valid.

Oh I didn't realise that, I've already sent it. Hopefully that will be overlooked. Thanks smc, I went to court yesterday to file the set aside, and had a confirmation through the post today to say that a date and time will follow, so just got to wait now.

Thanks for all the help everyone. I've started a new thread now at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154556-me-capquest-hsbc.html in case it can help anyone and to keep track of my case.

There ya go, any comments

Form 6.5 - Application to set aside: Section 2: Do not admit the debt because the existence/enforceability of the alleged debt is in dispute: The respondent alleges that the applicant is indebted to it in the sum £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”). It is further alleged that the debt was assigned to the respondent from HSBC Bank Plc on xxxx. The applicant will say that the statutory demand should be set-aside upon the following grounds; a) I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of an alleged debt when such pressure is contrary to the OFT Debt Collection Guidelines. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. b) The applicant does not admit that the debt exists. The respondent is put to strict proof that that the alleged agreement was entered into between HSBC Bank Plc and the applicant; and at what place and on what date and upon what terms. c) The respondent is put to strict proof that the alleged debt has been properly assigned. d) The respondent is put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.88(1). Further or alternatively, the applicant believes that the alleged debt contains sums levied by way of penalty charges which the applicant will say are contrary to common law. Accordingly, any default notice which may have been served could not have contained accurate particulars of the outstanding debt and would therefore have been defective and invalid. e) The applicant has potential grounds of action against the respondent for damages in respect of the applicant’s pain, suffering and loss of amenity caused by the respondents harassment. Accordingly, any proceedings initiated by the respondent may be subject to a counterclaim. f) Attention is drawn to recent correspondence between the applicant and the respondent, exhibited hereto as ‘B’, in which the grounds upon which the alleged debt is disputed were set out clearly, coherently and in full. g) The respondent has chosen to serve a statutory demand by ‘regular’ post. In view of this, and of the matters pleaded above, the applicant avers that the service of the statutory demand is demonstrably frivolous, intimidatory and an abuse of process. h ) The respondant's individual named on the statutory demand is not contactable. The applicant believes that this invalidates the statutory demand according to The Insolvancy Rules 1986, Rule 6.2. Accordingly, the applicant respectfully requests that the statutory demand be struck out or set-aside. Further, the applicant invites the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof. I make this statement with the sworn belief that all facts stated are true.

Subject Access Request (S.A.R - (Subject Access Request)) to HSBC My Address HSBC Holdings plc 8 Canada Square London E14 5HQ Date Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER: Acct Number I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY I have recently been contacted by Capquest Debt Recovery claiming to have bought an alleged debt from you. Please supply me with full disclosure of anything associated with this account or with my name. This includes but is not limited to: all documents, transactions, transcripts, date, statements and information about any charges. Additionally, where there has been any event in this account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10, which must not be used for any other purpose. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. I would be happy to collect the Data from my local branch. Yours faithfully, My Name

Response to Capquest stating statute barred and requesting CCA. My address Date Capquest Debt Recovery Limited PO Box No: 413 Fleet GU51 9AR To Whom It May Concern: Your Reference: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued." I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. Furthermore, I request that you send me a true copy of this Credit Agreement. This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter. I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you fail to comply with a legitimate request the account enters a default situation, and if you fail to comply after a further 30 days you commit an offence. As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance. As this account is now in dispute, I would also draw your attention to The Banking Code Section 13.6:- We may give information to the Credit Reference Agencies about personal debts you owe us if: ·The Amount Owed is Not in Dispute. ·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: Office Of Fair Trading 664 Response to consultation paper and final guidance on unfair business practices dated July 2003 Deceptive and/or Unfair Methods-2.8 Examples of unfair practices are as follows:- Not ceasing collection activity whilst investigating a reasonably queried or disputed debt. If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the Office Of Fair Trading upon the basis that you have failed to comply with the Office Of Fair Trading's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a Consumer Credit Licence under the 1974 Act. If you do not understand what this means then please seek advice from your legal department. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO PROVIDE THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : 1. Confirmation that this matter is closed due to the alleged debt being statute barred. 2. True copy of original Credit Agreement 3. Statement of Account 4. Copy of the executed Deed/Notice Of Assignment from the Original Creditor and Capquest Investments Limited. 5. Fair Processing Notice. I look forward to hearing from you within the statutory time limit. Yours faithfully My Name

Continued from this thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154428-bankruptcy-threat-please-help.html Thankyou to everyone who helped on the previous thread, I thought I'd start this one now in the event that my case can help anyone. Today I've done tons. I nipped to the CAB this morning to have them check over my forms. They actually told me that any contact with a DCA by phone does not constitute acknowledgement, as long as you don't later refer to this conversation in a letter. As such I then phoned Capquest to ask to speak to Johanna O'Keefe who is the named contact on my SD. I know I shouldn't have phone contact but I wanted to check whether she was contactable. Surprise, surprise, they couldn't put me through to her but they did offer to get her to call me back. It's now about 14 hours later and I've heard nothing so I think it's fair to say that she is uncontactable. As such, I've used this on my set aside (see below). While on the phone I did ask them to confirm when a last payment to this alleged debt was made and they said in 2004, so that has scuppered my 6 year angle if so. I've checked old bank statements and I may have been paying certain things then so this is possible. They were unable to give me any details of the payment though as they said they didn't have the info so i'm hoping that may give me some leverage on the 6 year issue as if they can't prove it, surely that will go in my favour. I then mailed off my letter to them, which I included the statute barred aspect anyway, just in case and also did the cca request. I also sent a SAR request to HSBC asking for full details of this account with the alleged debt. I then went over to the court and handed in my set aside. So all in all, a very profitable day. I should note that at no time did I acknowledge this debt in any of my correspondance today. Here are the letters that I used in case they can help anyone. I did them all from bits on this site so thankyou to the original authors

Oh I should mention that this debt is an overdraft debt. Does this make any difference to anything?

I'll do these both tomorrow. Do I send the form to the court or take it there? I didn't realise I could claim costs. What can I claim for? I read that the SD is invalid if you can't contact by phone the person who is named on the demand. Do you think it is worthwhile phoning them, without admitting the debt to find out when the last payment was made?

Thanks for that reply and letter smc. I'm really angry at them also. Threats like this are the last thing that I and probably any of us need at the moment. Are there any links on here that show how to actually fill in the statutory demand form and how to submit it. I'm a bit confused about all the legal terminology as I haven't entered into a dispute with them yet, but does the letter count as the dispute? Also does anyone know where do I stand if I'm wrong about not admitting the debt within 6 years. If I have and I send this letter to capquest does that reset the 6 years?