Capquest - Statutory Demand Threat

[Norfolkboy]

Capquest have written to me telling me that 'on or about' 24 Mar 08 they intend to serve a Statutory Demand on me for a very old credit card debt. Has anyone else been threatened by Capquest in this way? Has anyone had a Stat Demand served on them by Capquest? I can't not take the threat seriously, obviously, but of course Capquest are saying that the 'only way to stop this' is to phone to discuss repayment options. Part of me feels this simply a strategy to get me to contact them (which I refuse to do on the phone), but equally the threat of a Stat Demand should not be ignored. Any thoughts? Many thanks - Norfolkboy

[42man]

ok first things first....if you have neither made a payment or acknowledged the debt, then the debt is statute barred.....if the debt is not statute barred then send them a request for a copy of your Consumer Credit Agreement......Send with a £1 postal order, do not hand sign the letter, and send it by recorded delivery.

 

You can find the request here....

 

It is letter 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

And yes do NOT call them.

 

Before I add any further can you tell us a little more about the situation ?

[Curlyben]

When you say an OLD debt how old are we talking.

Also when was the last time you acknowledged this debt in writing or by payment ??

[Norfolkboy]

The debt is from 1999. I CCA'd Capquest, not acknolwedging the debt, in Jun 07, and had a photocopy of the signature I had put on the Credit Agreement, with some statements sent. I was then away for a period and did nothing further. The Stat Demand letter arrived yesterday. This is the second time since 1999 that Capquest, by their own written acknowledgement, have had a go at this one. On that basis, it clearly isn't statute barred, although one might question the tactic of trying again having failed to reocver the debt in the first place. The only point of defence I have got, I guess, is that it took Capquest well in excess of 12 days to provide the documentations. Suspect I will need to get in touch with them quick sharp and arrange a repayment plan - albeit in writing. Grateful for any further thoughts/advice.

[Curlyben]

Sorry, that doesn't make sense.

When was the last time YOU acknowledged this debt in writing or by payment.

[Belaflat]

First off, how much is the debt for and when did you last make a payment or acknowledge the debt.

Their attempt at a Stat demand does not mean the clock starts again from then.

It is 6 years since YOU last acknowledged the debt either in writing or by making a payment.

 

Oops, Curlyben has faster fingers than me.

[Norfolkboy]

Sorry, that doesn't make sense.

When was the last time YOU acknowledged this debt in writing or by payment.

Looking at the record, unfortunately, I allowed myself to be bullied into an agreement on the phone in Jan 2006. I think I made one payment at that stage after which the tactics hacked me off so much - having got advice about the CCA position - that I stopped the payments. I had not CCA'd Capquest at that point, and didn't until this re-emerged last year. Prior to that, I had a letter in Oct 06 from Capquest telling me that they had returned the debt to Capital One.

[Curlyben]

So hang on.

1999 - 2006 = MORE than SIX years, so this is indeed statute barred.

Get the Stat barred letter to them NOW and make them prove otherwise !!!

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

While your about it get down to your local court and get the SD set aside on the grounds of it being a barred debt.

[Norfolkboy]

So hang on.

1999 - 2006 = MORE than SIX years, so this is indeed statute barred.

Get the Stat barred letter to them NOW and make them prove otherwise !!!

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

While your about it get down to your local court and get the SD set aside on the grounds of it being a barred debt.

 

Curlyben, cheers indeed. But if I made a payment in 06 does that not restart the debt?

[Curlyben]

Once Barred NOTHING can unBar it

[Belaflat]

Curlyben, I got this off an advice site,

What to do if a creditor contacts you after 6 years or over.

 

Don't admit to owing the debt. Once you acknowledge the debt (in writing) you are required to pay the debt back. If part payment is made, even after a 6-year gap, the Limitations Act 1980 won't be enforceable and the debt will have to be paid back.

 

(EDIT)

Hope its wrong.

[Curlyben]

Sorry, while that maybe a view, they cannot take any enforcement action.

Once a debt is Statute Barred then NOTHING can change that.

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

[silverfox1961]

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.co.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...1D83BF0004F6EA

 

I will be sending this post to every Cagger I have on my list so you may receive it again.