CapQuest and SD threat over OH's JDW Debt

[nicolee2931]

Hi there guys,

 

Can anyone help me please, My partner today received a letter from cap quest debt recovery for a debt he has, it`s the only debt he really has, the letter states that they have investigated his financial position and that they are preparing a statutory demand under section 268(1) (a) of the insolvency act 1986.

We cannot afford to pay the debt at this current time, but we have a mortgage and car on HP. how will this affect us, is there anything we can do.

I think it is a scare tactic or can they actually do this to him. Does he have to send off a CCA request to see if the debt is enforceable

Any help or suggestions please will be gratefully accepted.

[Curlyben]

Statutory Demands are often used as a threat and in this case a serious one.

DON'T ignore them but put them to proof.

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

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 N.

Is it important to start the letter:

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

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[nicolee2931]

Okay I have sent letter N to CapQuest, I will wait and see what happens now. The Debt in question was with JD Williams & Co. I spoke to my other half and he said it was an online application and can't ever remember signing anything when the account was opened about 3 and a half years ago, do special rules apply to internet accounts or does the agreement still have to be correctly executed.

[nicolee2931]

Just to update my other half got a letter in the post today from CapQuest stating that in reponse to the CCA request the account has now been put on hold for 28 days, it also states they will furnish him with the required agreement within the timescale allowed. This sounds interesting as he has never signed any agreement which relates to the account in question, what is most likely to happen now?

[nicolee2931]

This Stat Demand clearly was just a threat and nothing more, my partner phoned CapQuest today and told them that their allowed time on the CCA request was now up. He was told that a CCA request could not be supplied as there was not any agreement and therefore they would be returning the account back to JD Williams. My other half had a rant to them that Stat Demands should not be issued like candy when they don't have the correct paperwork to enforce one. CapQuest didn't know what to say while my hubby was having his rant

[Laydee Danielle]

Well done, I am pleased you got a good "result". I don't know how Capquest are still here, I have yet to EVER find a debt that they are collecting on to be enforceable through the courts.

 

The people who I have spoken to have no idea about CCA requests, when I called up after waiting for the copy of the agreement to be sent, which they kept insisting was on its way, they said that there was no time limit for providing this, I happily corrected the lady I spoke to who also denied cashing the cheque that we sent, she backed down immedietly and closed the account, a great result for our client!

[nicolee2931]

It just annoys me that they can get away with issuing a Stat Demand like it is nothing, its a big worry if you are a homeowner like we are. I wish someone would come down on these people with a 10 ton weight, and take action against at least one of these DCA's maybe and just maybe the rest will play by the rules.

[ODC]

Advice to all CAGGERS. If you get an SD from a DCA muppet get it set aside. It costs nothing but it calls their bluff plus you can get the barstewards for costs

[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.