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Capquest Stat Demand - Advice Needed!


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I have been paying off an old credit card debt (£2650) with the awful Capquest under a payment arrangement agreed with them (quite happy to do so - I owed the money and want to clear the debt, been through the CCA route etc). Unfortunately, I've been ill, ending in a trip to hospital, and missed a payment at the beginning of this month - admin not being top of the priority list! I contacted Capquest and made a payment by debit card when I realised. They then told me that the arrangement was now null and void, and that they had 'writen me a letter' about the matter. The letter, of course, when it arrived was a Stat Demand. They want me to phone thm today to discuss the 'letter'. Now clearly, I am not going to do that as it would acknowledge recepit of the SD. But equally, I want to write to them with an offer for a reduced settlement - which I can just about afford, and I really want this off my back. BUT: I do NOT want in any way to indicate receipt through the post of the SD. Any thoughts please?? Presumably, a straightforward letter of offer would not imply that I had received a SD from them? I'm really stuck with this one. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!!

 

Many thanks,

 

The Norfolkboy

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If you want to make them a full and final offer, then send it by recorded delivery, (if they are going to accept then you need everything in writing) what was the result of the CCA request ?, you could also use that as a bargaining chip if they have neither produced it or it is unenforceable. Also were there any excessive charges that have been added to the account ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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42man,

 

Thanks. The result of the CCA letter was a photocopy of my signature on the application form for the credit card, titled 'credit agreement regulated by the consumer credit act 1974', and dated 23 Feb 99. The rest of the document is not there. Capquest also provided statements for the account, which do show some late payment charges (£15 each time) and, of course, interest. Not sure if these count as excessive.

 

I wouldn't, of course, send anything to this lot without it being Recorded Delivery. My worry, as I say, is that I might imply receipt of the SD - and this I am not prepared to do. If Crapquest had the b*lls to do things properly, I might give them more time. But as things are, I just want to get the debt cleared. What I will do at a later date is SAR them, as they wrote to tell me they had carried out investigations into my financial affairs before threatening the SD. I want to know what, if anything, they did. And if they didn't carry out 'investigations', then I shall engage my solicitor!!

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Does the stat demand have an official court stamp on it ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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As for the investigations they probably looked at the land registry and saw you woned a property !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Does the stat demand have an official court stamp on it ?

 

 

Does an SD need an official court stamp then?

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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Some DCA's will type one up to see how you react.....no stat demand should be ignored, but if in doubt go to the local court and ask them...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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BUT: I do NOT want in any way to indicate receipt through the post of the SD. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!!

 

Presumably, though, if I go to my local court and set this aside, it indicates acknowledgement?

 

Hi,

 

Do you mind me asking why you don't want to acknowledge receipt of the SD?

 

You say that the SD hasn't been correctly served - is this because it was sent to the wrong address? As long as it was posted to the last known address that they have for you then it has been correctly served.

 

If you don't get the SD set aside they can apply to make you bankrupt. If you see on this thread, Connaught (who are similar to Capquest) are actually saying this to the poster:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145577-statutory-demand-connaught-collections-2.html#post1566759

 

Going through a bankruptcy petition is arguably a lot tougher than a set aside application.

 

The SD isn't a form issued by the Court so it doesn't need a court stamp. It is a form that needs to be sent to you before they can start court action.

 

I would suggest that, as 42man says, you offer them a full and final settlement.

 

I would also suggest that you do apply to have it set aside. From what you have said, the agreement is unenforceable. Also, I am sure that they will not have assigned the debt correctly so they will not be able to take you to court. But, regardless of this, if you do not have it set aside then they can apply to make you bankrupt

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