Jump to content

Showing results for tags 'capquest'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hi all. As some might know, ive been having calls off capquest the last few weeks for a debt i have no knowledge of. I know i have to send the Prove it letter and i will be doing so. However, would me sending them the letter along with my name and address put me on some kind of list. Like with what happens when someone answers their "security questions" on the phone? I'm pretty up to date with DCA's and their tactics, i'd just like to know where i stand with the letter and this outfit. http://www.consumeractiongroup.co.uk/forum/showthread.php?358672-Capquest-fun(5-Viewing)-nbsp is the thread with the info.
  2. Hi everyone Anyone had dealings with this bunch? Any ideas who their main clients are?
  3. Hey, After some advice.... In 2009 I sent letters to the above DCA's making an offer to pay my outstanding debts over a 48 month period for a set amount. They agreed to the payment in writing however they didn't actually agree to the term of the repayments (something I have literally only noticed). I am now in a situation that I cant carry on the payments over the remainder of the term however I can clear what would be left owing (in accordance with the terms I set out i.e. set figure over 48 months) They are now saying that is not the case and that I still owe the balance. IS there anything I can do as I made it very clear in my letter the repayments were over 48 months ONLY! Also as the accounts are defaulted if I stop paying them can they claim a CCJ? Or make the debt stay on my credit profile longer. The defaults are due to come off in 2014 and I don't want to make the situation worse. I hope this makes sense, at my wits end here so would appreciate all the help I can get.
  4. Just a bit of advice from those in the know please? I recently received a letter from Capquest stating that I owed them 4k from the Natwest – that was it, not saying what it actually was or anything. I had a Natwest account many years back, so I’m guessing it was for this, however this account does not show in any status on any of the 3 CRA’s, and I most certainly never owed them over 4k as Capquest claim. My credit file is very good and has been for a number of years now. I wrote to them and stated that I did not acknowledge the debt and it was likely to be Stature bared (as I'd check my CRA files & nothing showed). They wrote back and said a payment had been made in 2008 therefore it wasn’t SB. I wrote back to them and said, OK, prove it. They have now written back and say they don’t have to provide any agreement as it was an overdraft, and said here is the proof, which was a 5 line computer print out with various amounts of £4k (all increasing) on it. I could have made that on my home PC. Hardly proof. Can anyone advise what my next step should be. I will certainly not be paying them a penny based on that so called ‘proof’ they sent me, but where do I stand legally. What do they need to show me to legally prove that debt even exists, and if it does, that they have a right to be demanding it from me? Thanks for any advice...
  5. Hi there, I apologise if I seem a bit thick... I have received this letter from CapQuest about this account? Its in Pre-Action and I have another 2 days to reply to them (I don't know how the Jubilee has affected the timescale)... do I send them a prove it letter? Sorry if I seem confused, just really not sure what to do
  6. Hello all. I have been reading this forum for a while with great interest and gleaned some extremely useful information. I currently have a problem and I would be grateful for some advice. During 2002 bought £950 worth of items from a store on 1 years interest free credit. I didn't pay the balance within a year so it became a storecard with Clydesdale Financial Services (CFS). I kept the account in good order for a while but got into financial difficulty. CFS responded by placing charges on the account of between £20-£35 a time for sending out late payment letters (sometimes three times within the space of a month. Once twice within a week). At one point the balance of the account was down to around £450 but these charges crippled me and the balance skyrocketed. I'm pretty sure this card also came with mis-sold PPI. To cut a long story short I ignored the debt (wrong I know- I was young). By the time unfair bank charges became a topic of conversation this debt had disappeared from my credit report and the calls and letters had stopped. I adopted an attitude of 'quid pro quo'- the balance of the card was entirely made up of charges and I assumed (rightly or wrongly) that the company knew this and were no longer pursuing me for the balance. This assumption was strengthened by the fact that CFS seemed to disappear (I later learned that they were taken over by Barclays Capital Finance. I decided to let it lie and not rock the boat (especially because to do so could risk resetting the 6 year Statute of Limitations clock). In January this year (2012) I got a letter from Capquest stating that they owned this debt and that the balance was £1085. I have never received a notice of assignment. I've read extensively about this company since and decided to ignore them. The last payment was made around May 2007 so it has about a year to go before it becomes statute barred. They sent a number of misleading and threatening letters which I continued to ignore. A few days ago I received a Statutory Demand via first class post (dated May 2nd 2012 but not arriving until May 15th). I'm unsure what course of action to take next. I'm happy to pay my debts but given the history of this account I have no intention of paying Capquest a penny on principle. I am a recent graduate and unemployed with no assets or savings. If Capquest have indeed done their research on me as they claim to have then they will know this. As a result I am almost certain that this is a bluff. However, I'm also an aspiring lawyer so I need to be very careful with my next steps as if I am bankrupted I will not be able to practice. If I were to ignore the statutory demand would I get notification if bankruptcy proceedings were brought against me? Would I have an opportunity to pay the balance before any hearing? If I apply to have the statutory demand set aside is there any potential that this could be seen as an acknowledgment of the debt? If I apply to have the statutory demand set aside, am I right in assuming that my strongest grounds are that: (a) it has been improperly served (i.e. by post, not in person- I live above a shop and the general public have access to my letterbox so I don't have any post sent to my place of residence); (b) Capquest have not demonstrated that they own the alleged debt; © I contest the validity and size of the alleged debt; (d) That the balance of the account is made up of unenforcable penalty charges and PPI charges. I appreciate that point (d) might be difficult as most of the charges were added to the account over 6 years ago. However, as they make up the bulk of the balance, could I argue that they should be used to offset the balance as they are the source of the debt? Furthermore, this debt disappeared from my credit report for years and CFS disappeared. Could I rely on s.32 of the Limitation Act 1980 to argue that six year statutory time frame for challenging some of the later penalty charges should only begin in January this year as this is the earliest that I could have reasonably been expected to have discovered them? What is my position with regards to PPI? The account is over six years old but interest and payments towards PPI will have been made much more recently. Any advice anyone can give me will be greatly appreciated. Thanks in advance!
  7. Hello everyone, First of all, sorry if I ask something here that has been asked hundreds of times. I know what that's like. I'm looking for a bit of advice. CapQuest called my work today (actually my colleagues phone behind me) - I've no idea how they got the number there are literally thousands of phones in our site. I briefly spoke with the loud lady - I didn't identify myself by name though my work colleague had passed the phone over after she asked for me so there's that. She identified herself and I duly informed her she was calling a works phone and that I couldn't help her. She said she'd call back later and we both hung up. This came as a bit of a shock - they have been calling my works mobile, but I'd done a quick internet search on the number and used my Blackberry to flag it as spam - but I was taken aback about them contacting me at work. As I did not speak with her for long or ask any information I can't say for certain why they were after me. I've had the odd letter over the past few years for a small amount of money which I think goes back to a mobile phone contact I had and defaulted on approximately seven years ago, which I've ignored to be honest. I'd like to know a few things if possible please: 1> Can they legally call a works phone? Despite being disruptive, it's embarrassing. 2> Can they still chase me after all this time? My understanding is it's six years and that's it - but is it six years since I cancelled my direct debit to O2, or six years since CapQuest received the debt? 3> What do I say when they ring up next, because I suspect they'll just keep calling and I can't block them from all the works landlines? 4> If I query the debt, is this acknowledgement and does it open me up to further problems? 5> I doubt I can but could I call the police for harassment? 6> Can I request, again without causing more grief for myself, information on where they got my phone number at work? Literally no-one other than Government organisations and internal staff have the number. Sorry to be so demanding I'm somewhat concerned. Thanks Phil
  8. hello all! It started n October 21st 2011 when I received a letter from CapQuest informing me that they had purchased my debt from Orange of £175.65. The thing is, I don't acknowledge said debt because I have NEVER been an Orange customer! At first I ignored these letters, sent to my parents' adress, but when they mysteriously found out my new address earlier this year, I got worried and requested proof of the debt from CapQuest. (I also tried to contact Orange directly but, without an account number, they didn't want to talk to me). On March 12th 2012, CapQuest wrote to me that they were "in receipt of the statements requested" and went on to ask me to phone them up for security details confirmation. I did so immediately, only to hear that they weren't in receipt of anything from Orange, and that Orange would contact me directly, which they haven't to date. Next they threaten me on April 3rd with doorstep recovery agents who never turn up, and today May 7th they give me a deadline to pay either a discounted amount of £122.96 in one payment, or £140.52 in several instalments. After May20th, they threaten me of "earnings arrestment or attachment of [my] goods". Despite emailing Orange customer service and complaints handling in April, I still haven't heard back from them. What should I do now? I am thinking about contacting a financial ombudsman or waiting for CapQuest to take me to court, where they would have to prove that the debt is mine, which i deny. But I'd rather get rid of it all and get back to sleeping at night! Thanks a lot for your help!
  9. Ive been sent 2 letters from Capquest advising that they "may be passing on my case to their solicitors" and "to contact them to avoid litigation." The debt was originally with Tesco personal finance ( a credit card ) but i was unable to pay it as i lost my job around 4 years ago, they were actually really good and froze the interest for me and took a minimum payment for about 6 months but then got fed up and passed my debt on, I decided not to pay any other company as i thought they did not own the debt and if they did they bought it for a couple of quid, i was also struggling for money. I now have a job and have around £50 spare a month but i am unsure of what to do, should i pay Capquest and try and resolve the debt with them?? I dont want to end up in court!! Ive signed up to the CreditExpert to try and view my credit rating and possibly who owns the dept but im waiting for a pin number to arrive in the post before i can access it. The amount is £2094.17 owed i am unsure of any extra charges or late fees added on as it was 4 years ago. Your help will be greatly appreciated, thank you in advance.
  10. Hi all, I have been reading the site for a while with interest, following a failed business investment 3 years ago, I have been in a poor financial state, and had the usual threatening letters/calls from a myriad of DCA's. I have ignored them up until now, and reading the advice on here from similar cases has helped lots! However, I have just receieved yesterday a letter with a computer generated statutory demand from Cap Quest, relating to a debt with Halifax bank for an unpaid overdraft. The SD signature is computer generated, and some details are missing, so I think it is a scare tactic. However, should I start the route of getting it set aside, as well as contacting Cap Quest by mail with a CCA request. Also, should I now contact Halifax with a SAR? A couple of points to note, the address from Cap Quest is incorrect (they missed part of my house name off, the postman obviously knows my name though so I have received it!) and the SD was sent by standard 1st class mail. The SD is dated 12th April, but I only received it yesterday (17th) does the 18/21 days start from date of issue or receipt? Any thoughts/advice would be much appreciated. g40_boy
  11. Hi I received a letter on the 3rd of February stating that I owe £187.52 I don't event know of this debt and they haven't even told me what the debt is exactly for They're threatening me with a 'county court judgement' and 'further legal action' .. can anyone help me out??? Thanks sonny.pdf
  12. I had an overdraft with the NatWest when I was at uni. The account was taken out in 2002. Last year, after advice found here, I sent a couple of letters in reply to one sent from Bryan Carter asking them to stop harassing me & for copies of the original agreement & notice of assignment. I just found the copy of these and they were sent in April 2007. Still waiting for any kind of reply at all. Today I got a letter from Capquest regarding the same debt. I was told that they have bought the debt from NatWest, but they don't appear to have the paperwork & would have to request the paperwork from Natwest. Now, are my thoughts on this correct; 1. there are no words to describe the people working at Capquest. 2. They really buy debts without any kind of paperwork (my imagining tells me that they buy a figure and a name). 3. I can contest this debt as Bryan Carter acting on behalf of NatWest have acted illegally in failing to supply these documents requested well over a year ago. I have been told to request the documents in writing from Capquest, who bought the debt from NatWest but have nothing to do with Natwest but have to contact Natwest for information they should actually have. If I request them again, how long do I give them to reply and what do I do after the time has elapsed? I'm absolutely confused and sick & tired of the whole thing. I'm sick of the 'you owe this but we're not going to accept your payments because they're not enough' letters. Can anyone advise me on what to do?!!
  13. DRO dates 22nd July 2009 - 22nd July 2010 I've had debts passed on during my DRO but in November 2010 Halifax/Marbles/BoS/whoever they are sold my account to Capquest. Due to me moving around I've only just received this. I have a letter dated 11th November, from halifax, stating that my default is now satisfied. This was after I contacted them after my DRO ended trying to clean up my credit file. It appears on 27th November BoS/Marbles wrote to me at an old address saying my debt was past to Capquest. Capquest come up on my call credit & equifax files as an open defaulted account (this is via checkmyfile), I also have Marble/Halifax on experian as closed, defaulted and settled. Capquest have requested my DRO info so I've sending copies of everything including the letter from Halifax. This should close the account but can I do anything about them being on my file in the first place?
  14. Hi, I was wondering if anyone could help me. I have had a look at the posts but i am quite confused about what to do. I recieved a letter from Capquest stating that is was a demand to start bankrcuptcy proceeding and I have 18 days to appear at court. The amount is for approx. £1600 from Orange. I havent been in touch with these people at all, (I am in quite a lot of debt and to be honest have only just started opening my mail!) The problem is that whilst I am currently employed i have had council tax arrears that i am paying off and i have very little disposable income to pay off any unsecured debts. I have no idea what to do and i really dont want to go bankcrupt can anybody give me some advice on how to proceed?
  15. First of all, sorry if this is in the wrong section. It seems the right place but I couldn't be sure. Right, we got behind with our payments to Thames Water. We organised a payment plan with them but fell behind again. They got Capquest involved who we called after receiving multiple missed calls from them. I tend not to answer unknown numbers on my mobile and that is what they were calling. At the time of the calls we did not know what they were calling about. We called them to ask who they were and what they wanted. They explained about the Thames Water debt. They demanded we pay the full amount there and then. We couldn't do that so we said we'd call them back when we were in a position to make a payment. I said to my wife that maybe we should give TW a call to see if we could set up another payment plan. We called them and they were more than happy to set up another plan. we set up a DD and 3 payments went out. We make a payment every month. A week or so ago we go a letter from Capquest saying they may start litigation proceedings regarding the debt. Obviously we were shocked as we had arranged the plan with TW. After we explained and they demanded we pay them as well we called TW to see what they had to say. They told us that as far as they were aware Capquest had no reason to, and I quote, "harass us" as the debt was not with them because we had an agreement between us and TW. As far as we were concerned that was that. Obviously not because now Capquest call every morning and night. They still want us to pay them as well as TW despite us explaining what TW said. They are having none of it and will not stop calling. I have now diverted their calls straight to voicemail to avoid having to answer it. I suppose I'd like to know what I can do to stop these people calling me? One thing I will be doing tomorrow is to call Thames Water to ask if they can contact Capquest to tell them the debt is nothing to do with them. I'm not sure if they can or will do that though. Sorry for the long winded post. Any advice would be appreciated. Thanks. M
  16. Hi I had a near time limitation act letter back in 2007 from these people and sent off a CCA which they never sent back to me, I did receive a letter back from the original credit Sainsbury Bank who said they could not provide me with a credit agreement. Crapquest never did make me bankrupt and now the debt is statute barred since 2008. Today (31st October) they have sent me an statutory demand for bankruptcy letter dated the 5th October stating the debt was assigned to them in Mar 2005 and that they intend to make me bankrupt etc. 1) firstly they have not allowed me the 18 days to request to have it set aside as the letter was sent with the 18 days already gone past. 2) should I send them another cca request or a statute barred letter? Any advice would be great thanks.
  17. Hi I have been issued with a Statutory Demand, posted no attempt at personal service, from CQ and intend to try to get it set aside using the following No Statutory Notice of Default from OC No letter of assignment or deed of assignment No date of assignment on SD Agreement is an Egg credit card from 2000 (missing prescribed terms?) No Statutory Notice of Default from DCA Also, SD says that interest has been accrued and added from date of assignment. Are they entitled to add interest and if not then the interest amount deducted from the full amount is less than 750. Are the above valid reasons? I was paying back the debt until they suddenly out of the blue issued a solicitor's letter saying I had broken my agreement and had not made payments for 2 years. I had and could prove it. Any advice much appreciated.
  18. Making my own thread on this subject. Received over the weekend and SD signed by Barry Davies. £1300 Aqua credit card from around 3 years ago. Now taking the steps to set aside, it's a little confusing so taking my morning to digest the tons of information here on the forums! Any additional advice will be welcome 8)
  19. Hello everyone. glad to have joined the site for all the useful advice....Phew! Well, i have not been in the financial position to pay my phone bill for the past 2 months (vodafone). I got a letter from vodafone saying that i need to pay them what i owe them (£53) that is understandable of course. Anyway, i received a text this morning from CapQuest asking me to contact them. Having looked on google and on here it seems they are far from reputable. I am in no debt atall, apart frommy phone bill and i'm sick already knowing that some dodgy company has my details. I don't know what to do, i deleted the text before i had a chance to search about them but i don't want any hassle and especially because what i owe vodafone is such a reletively small amount to already be getting a message from a debt company. Any advice would be grateful, at least just to make me feel better regards Lee
  20. hey guys i owe capquest abt £520.06 from an old barclaycard student visa from 2005 but defaulted 2008 on 10/9/10 i phoned to arranged payment with them of £26 a month even tho they wanted more i wanst' budging from it , i even annoyed them when they asked for contact number,employers details,income&outgoings i said no comment then they said we need these to have acceptab;le arrang,ment i said you dont need them as i am telling you how much i will be paying not you telling me what i can afford.so they went in a wee huff then they asked for a payment to setup it up i said no i want it in letter the terms we guranteed they said just £5 will save you going to court in meantime i said do you have a hearing problem i said no till i get written agreement so he said ok why wont you do i replyed cos i dnt trust you he said but we can say the same but you i said yeh but you just have to take my word for it he said ok you get the letter in 3 days then will you pay i said yes today guess what no letter so i phoned them up using 141 before their number i got from saynoto0870 website as i not paying a premium number. spoke someone to say i hadnt recieved my letter, he turns around says oh we didnt send one out i said well i was told you were,he said we dont send out written payment agreements and you owes us this amount what the chance you pay today,i said i not paying till i hVE WRITTEN AGREEMENT nope we still dont do it . i said well you wont get paid till i do ,he said we just take you to court ,i said i have tryed to payment arrragment but you won accept the judge will look favour to me, he said perphaps they will but we dont know ,so i ask few questions to him to see wot they say first question was --do you have my orginal cca he turns arounds says no we dont barclaycard still does and we can ask them if we want to then i said but you bought the debt from barclaycard so you should have it he said we dont have to have it as we are debt recovery company we dont need it -------- is this right? second question : can u pass me to h l legal dept to sort this out he sorry we cant you have to 0870 sumthing i said why he said they are different company i said thats weird i pretty sure the guy next to you is h l legal?????? they guy kinda laughed and sayed perhap he is and perhaps he not i turn around and sayed but capquest owns h l legal monkey's plus few other names he said thats correct but he might not be next to me ???? sorrys guys for the long story but please help as i do want to get rid of this debt
  21. Hi, I have just had my old landlord forward a letter from Vodafone to me that states that the have assigned a debt of £30.62 to Capquest. I did not hear from Vodafone prior to this and have just checked my Credit file and see a default registered by Capquest. I contacted Capquest and explained that I settled the account and also enquired why a default was registered. A gentleman called "Martin" explained that whenever an account is not paid and received from Vodafone, it is automatically marked as Default to the Credit Reference Agencies. My understanding is that issuing a Default was a legal process that required a formal demand and then a legal default notice. Martin from Capquest was unaware of this process and could not even tell me why or when a default was entered. He advised me to put it in writing. Although, I do not agree that I owe anything to Vodafone, without prejudice, I offered Martin at Capquest to pay the full amount if they agreed to correct their records and remove the default as it was never issued. However this was not something he could help with. And I was just in the process of considering a move back to Vodafone!!! Reading some success stories about the VF Webteam, I am hopeful that this can be resolved as I have been wronged and my CLEAN credit file ruined for a mere £30! I spend more on lunch sometimes!! Please help!
  22. A little bit of help / information would be welcome if any. Thanks in advance Briefly: Company – Vodafone – 18 Month Contract After 4 months, split with partner, left in serious debt (about £60k) Phone returned to Vodafone + explanation and minimal offer Vodafone keep phone and no response Passed to CrapQuest – Letter DEMANDING payment Letter + copy of Vodafone letter to CrapQuest Rejected by CrapQuest Letter to Crapquest requesting Statement, Letter of Assignment, T & C’s Letter from CrapQuest stating they did not require a Letter of Assignment, statement just a total on a pice of paper In meantime CrapQuest pass Debt to Scotballs Email to Scotballs telling them account in query. Get apology and a/c returned to CrapQuest Letter from CrapQuest offering 50% discount if paid immediately – Have they purchased debt As no Letter Of Assigment arrive requested CrapQuest to desease processing my data No response – Letter to CrapQuest indicating I would take legal action under the DPA Debt passed to Fredprickson Demanding payment or they will go to court As Fredprickson are not the account holder I know that any action will need Vodafone on it. My question is as this has been passed all over the place between mugs and thugs and with no letter of assignment and therefore breaching the Data Protection Act, not forgetting the offer of a 50% discount from CrapQuest, when / if this goes legal where do I stand as I no longer have the phone (can I request this back) as I would not have had the full benefit fromthe phone. I am not trying to dodge the debt but get a fair result
  23. Hi there, this is my first post as only just joined. My husband received a phone call from Capquest this morning asking him to confirm his postcode and d.o.b, which he refused as he didn't know who they were, and they told him they had sent him a letter, but wouldn't tell him any details! The letter arrived in the post about an hour later! The letter stated that NatWest wish him to pay a debt owed to them of over £60,000 and that he should contact Capquest to avoid litigation. There is an ancient debt with NatWest as a result of a partnership, dissolved in 1991, which the remaining 2 partners carried on the business, and then it collapsed leaving an overdraft of around £20k. My husband ended up carrying the can for the whole debt (being severally and jointly liable apparently) and it was agreed in court that he would pay £50 a month. This was in 1996. There was 1 attempt in 1997 to increase payments and he has heard nothing more in the intervening years. The ironic thing is they wouldn't give him any more information on the phone because his date of birth didn't match their records (but his name, current address and previous address did!) He was then accused of failing to co-operate when he refused to send proof of his date of birth! (how that would help when they obviously have it wrong is anyone's guess!) Any thoughts on how best to proceed with this one? Do business overdrafts come under the CCA? Would this come under data protection if they are sending letters to people without confirming their identity first?? Thanks Sarah
  24. Hi, I'm trying to help my partner and would like some advice as this forum has helped me massively with a previous problem. My partner got in to debt quite sometime ago with Natwest Bank and fell behind on payments. Having moved a few times and not in the position to pay, contact was lost. About 3 years ago Capquest approached her and threated court action if she didn't make an payment, so she has been paying monthly ever since. My question is she didn't ask for a CCA from Capquest, so is it to late to get one from them, and what happens if they cant provide it? Thanks
  25. Hi there everyone, I wonder if anybody has come across a letter sent by "Capquest" threatening to take me into bankrupcy cause of a credit card... During mid march 2011, they sent me a letter threatening me to take me to court (CCJ, basically) and I replied that I had not received the "notice of asignement" that they are suppossed to provide me with. Therefore they do not have the right to collect the debt in the first place. Moving on, I received - then- a letter (I can't attach sorry as I only got 4 posts) without any mention of my previous letter (which I know they received as I had it recorded delivery). Is this letter just Bluff or do they seem to be serious about it in general? My perception in general is that DCA - being a third party- have no rights whatsoever to deal with me... (perhaps that's another thread all together... anyway their latest letter goes like this.. "Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid. Our investigations into your current financial position are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the insolvency act 1986. It is our intention to issue the statutory demand (form 6.1) on or around xx April 11 where it will be personally served upon you. Once served, the agent will swear an affidavit to the effect that service of the demand has been successful. This is necessary as when a Bankruptcy petition is to be presented based on a statutory demand, then an affidavit verifying service must be filed with the petition for Bankruptcy. If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand as set out in the appropriate notes that will be appended to the demand, you could be made Bankrupt and your property and goods taken away from you. Any application to set aside the demand (Form 6.4 in schedule 4 to the insolvency rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application. Remember: from the date of service of the statutory demand a) You have only 18 days to apply to the court to have the demand set aside and b) You have only 21 days before we may present a bankruptcy petition You can stop this by contacting us now on 0870 084 2565 As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of xxx. This is subject to you acceptin gthe offer by xx Apr 11. This settlement can be over a period of that can be negotiated around your current circumstances. Alternative proposals will also be considered." Any ideas? Much appreciated!
×
×
  • Create New...