CapQuest Statutory Demand for Bankruptcy/2000 Amex debt

[Paulo1889]

Hi,

 

First post today and in need of some advice!

 

I am looking for some help and advice as I have received a Statutory Demand for Bankruptcy from CapQuest with regards to an AMEX account I closed in 2000. To my knowledge the accountwas closed with £0 balance in 2000 and this has got me slightly worried as they are requesting around £1200 or will make me bankrupt.

 

I have received a few letters from them previously but binned them as about three years ago another debt collection company wrote to me asking for a similar amount. I rang them and informed them that I beleived there was no balance and to show me the AMEX statements with the balance showing. I never heard anything ever again until a few months ago when CapQuest starting sending me letters.

 

I am wondering if this is a put the "frightners" on letter and they can do nothing?

 

My Experian credit report shows nothing of this, and I own my own property and now have another AMEX card. Surely I would have not been allowed these if this was the case and I owed £1200... Also what implications will this have on me with regards to my moratge and how can they make me bankrupt when I am clearly not!

 

What should I do...Any help would be much appreciated!

 

Paulo.

[Tonka99]

Hello Paulo 1889

 

Welcome to CAG, someone will be along shortly to help

you , I too am having problems with CapQuest ,and am

getting lots of help from the people on this site , you

have come to the right place.

 

Good luck

Cheers

Tonka 99

[rekovni]

Hiya,

 

Looks like they have sent a huge batch out as I also got the same today. Mines a hodge podge of information that makes no sense and doesnt seem to add up.

Sorry i cant help more, Ive posted about it myself, but atleast you know there are other people in the same boat!

[Paulo1889]

Anyone able to help me or give any advice?

 

Im going to write a letter but want to make sure that this will stop any alleged action, or at least place it on hold!

 

Anyone out there able to help?

[datasafe]

29th July 2008.

 

I too received a Statutory Demand for Bankruptcy from Capquest.

 

It refers to a debt (unsecured overdraft) with National Westminster Bank in or near about 1990 - so long ago I simply can't recall. Capquest refer to an agreement dated 1995.

 

It was my understanding, recalling a meeting with the regional manager of Nat West, that the debt was to be 'written off' as they had no realistic chance of collecting.

 

I believe the debt is now 'statute barred' BUT, I'm not sure if my wife (seperated) has made any payments since ...... hmmmm. I certainly haven't.

 

I guess I have to request the court to set aside the demand?

 

Any advice?

 

Regards

 

John

[MARTIN3030]

Hi Paulo welcome to the site.

First of all you need to let Capquest aware that you dispute this debt and it needs to be done in writing.

Send Capquest a request under the Consumer credit act for a true signed copy of the original agreement.It costs 1,00 and the temp letter for this can be found in the debt forums.Secondly since you are disputing the debt they are obliged to suspend any recovery attempts,or will be breaching oft debt collection guidelines.

There may also be breaches of other things like default serving process.

Capquest will request the info from Amex if they dont have it.(and the likelyhood of them having it are practically zero)Dont deal by phone keep copies of everything.Keep us posted will move your thread.

 

Worth checking Equifax and mycall credit reports too -to see if theres anything there.

[Paulo1889]

Thanks for the reply...

 

I sent his by Royal Mail "signed for" this afternoon...

 

I am writing to you with regards to a letter I have received from you called a “Statutory Demand for Bankruptcy”.

 

It states that this is because of a debt which remains unpaid from April 2000. To my knowledge the XXXX account which it relates to was closed without any outstanding balance. Since receiving the letter I have contacted XXXX and they say they have no record of a balance being owed. I am still currently an XXXX card holder and find it hard to believe that if such an amount had been outstanding that I would not have been contacted directly by them.

 

Due to the nature of your letter I have sought legal advice on this matter. I have been informed that I must be able to see proof in the form of an xxxx bill that this balance is outstanding. This proof must also contain a list of each transaction totalling the amount of £xxxx which I “allegedly” owe.

 

I would therefore kindly ask that within 7 days all the above information is supplied to me as requested or a letter is sent stating that the matter is now closed and no further action will be taken. Otherwise I may be forced to take further legal advice.

 

 

Do you think this will do the trick????

 

Paulo:idea:

[Paulo1889]

 

Worth checking Equifax and mycall credit reports too -to see if theres anything there.

 

Nothing shows up on my Experian report... Is Equifax better?

[palomino]

It should be but probably won't.

A better bet is to use Letter N in the templates library here.

 

You still have to deal with the Statutory Demand. You should apply to have it set aside using forms 6.4 and 6.5 here England and Wales Forms. When completed these forms have to go back to the court given in Part A on page 3 of the SD. Make sure you get them back well on time (send recorded delivery).

 

If you need further assistance then come straight back here.

Edited July 30, 2008 by palomino
missed word

[Paulo1889]

It should be but probably won't.

A better bet is to use Letter N in the templates library here.

 

You still have to deal with the Statutory Demand. You should apply to have it set aside using forms 6.4 and 6.5 here . When completed these forms have to go back to the court given in Part A on page 3 of the SD. Make sure you get them back well on time (send recorded delivery).

 

If you need further assistance then come straight back here.

 

Why do I need to do this? And what does setting aside the demand do?

 

To me they are not liable to anything as if there were any money oweing it would now be "Statue Barred" as I have not made contact in the past 6 years.

 

It also states in Pat A that my appropriate court is High Court of Justice, Strand, London... Surely this can not be the court???

 

Thanks for your help...

[palomino]

Why do I need to do this? And what does setting aside the demand do?

 

 

Because if the SD goes through you will be immediately bankrupt! Setting the SD aside means it doesn't come to court.

 

 

To me they are not liable to anything as if there were any money oweing it would now be "Statue Barred" as I have not made contact in the past 6 years.

 

 

These are excellent reasons for applying for the SD to be set aside. You will need to have all the details ready in order to complete the set aside forms. Everything must be in there.

 

 

 

It also states in Pat A that my appropriate court is High Court of Justice, Strand, London... Surely this can not be the court???

 

 

I've no idea why that was selected - you'll have to ask Capquest about that. Is it near where you live? Or nearer than any other court?

 

I should mention that I'm not an expert in SDs. Hopefully one of the legal eagles on CAG will pop in here at some point and expand on things for you.

[rekovni]

They seem to take random courts in the hope, I guess, that you wont be bothered going there. Mine was Liverpool and I live in London, but turns out you only have togo to your local county court.

 

I've been reading through the guidelines and procedures and this in itself, in my opinion, would be a breech as they are required to put down the local court to which you have resided or conducted the majority of your business in the last 6 months.

By the looks of it its automated. They take where the debt was made / defaulted, look up that court (even as in my case it doesnt even exist anymore) and churn out the notice to send.

 

If someone more experience could give their opinion on this tho it would be great as Its just my interpretation of the rules.

[Guest forgottenone]

It also states in Pat A that my appropriate court is High Court of Justice, Strand, London... Surely this can not be the court???

 

Erm, well ... isn't that where the big cases get heard? Or have I got that part wrong? Seems to be a lot of this on CAG lately ... people getting these things, having to attend a court which is obviously not local ... hundreds of miles in some cases away. So, is this court local to you?

[palomino]

I've been reading through the guidelines and procedures and this in itself, in my opinion, would be a breech as they are required to put down the local court to which you have resided or conducted the majority of your business in the last 6 months.

By the looks of it its automated. They take where the debt was made / defaulted, look up that court (even as in my case it doesnt even exist anymore) and churn out the notice to send.

 

 

That seems to make sense.

 

I recall your thread a few days back - which court did you eventually go to and how did it all go when you got there? Perhaps you could update your thread.

[rekovni]

I updated it earlier Dont want to hijack this one, but in short im waiting for the CCA to go 12 days then I will goto my local court with the forms (will still be in the 18 days)

[Paulo1889]

Erm, well ... isn't that where the big cases get heard? Or have I got that part wrong? Seems to be a lot of this on CAG lately ... people getting these things, having to attend a court which is obviously not local ... hundreds of miles in some cases away. So, is this court local to you?

 

I live in West London so its not that far away but there are numerous courts near to me!

 

And yes I cant see the High Court dealing with this... Makes it all seem very strange to me...

[Paulo1889]

Because if the SD goes through you will be immediately bankrupt! Setting the SD aside means it doesn't come to court.

 

 

 

These are excellent reasons for applying for the SD to be set aside. You will need to have all the details ready in order to complete the set aside forms. Everything must be in there.

 

 

 

 

I've no idea why that was selected - you'll have to ask Capquest about that. Is it near where you live? Or nearer than any other court?

 

I should mention that I'm not an expert in SDs. Hopefully one of the legal eagles on CAG will pop in here at some point and expand on things for you.

 

Sorry to sound stupid but how can they make me bankrupt when I dont even owe them any money?

 

I closed the account with £0 balance and AMEX have no record of me oweing them any money!

 

And if its statue barred then how can they even try and claim it?

 

Setting aside a demand for something I dont owe seems very strange to me along with sending a letter to the High Court of Justice!

 

I've read on some other forums that these letters are just to scare you... This is doing my head in now!

 

Thanks for all your help...

[rekovni]

DCA's have a tendancy to ignore the small things like if you actually owe the money or the law...

Best thing todo is send off a CCA and SAR request and make them prove the debt, and of course make sure you get the SD put aside

[Paulo1889]

Thanks for the help... Have decided to set it aside anyway but am having trouble with some if the fields!! Basically I dont understand what half of it means!

 

Any one able to help me with how to complete forms 6.4 and 6.5?

 

Form 6.4

 

(a) Name & address of person to attend hearing --> Is this me?

 

Attend before registrar as follows (Date, time, Place) --> What do I put here? The court details?

 

(d) State the names and address's of the persons to be served --> What do I put here?

 

(e) State the applicants address for service --> Is this my address?

 

It says "Signed (Solicitor for the) Applicant" --> Do I need it signed by a solicitor?

 

Form 6.5

 

Sworn at --> What do I put here?

 

Lastly am I able to complete these forms on the actual word documents provided or should i copy them (i.e removing Crown Copyright etc) from the footers of the letter?

 

Sorry if I sound stupid but I want to make sure this correct and dont understand legal jargon!

 

Thanks!

[Paulo1889]

Also am I able to post these forms or do I actually have to go to the court shown on the lettter?

[rekovni]

Im still figuring out the form myself so cant help there, but as far as I know you have tgo to the court in person as you will have todo an affidavit on it.

Still not sure of you have togo again after to the hearing either but will find out when I go I guess.

[Paulo1889]

Im still figuring out the form myself so cant help there, but as far as I know you have tgo to the court in person as you will have todo an affidavit on it.

Still not sure of you have togo again after to the hearing either but will find out when I go I guess.

 

I have phoned the National Debt Line and they informed me that if I send letters to CapQuest via recored delivery asking for a "Copy of a signed Credit agreement & statement of account" with a £1 postal order enclosed and letter quoting "the limitations act 1980 section 5" as the account is statue barred I do not need to set aside the demand. This is because they can not proceed with the bankruptcy if the account is statue barred...

 

Copies of the letters I used are here National Debtline England & Wales | Debt Advice

 

Hopefully this should see the end of this sham.

 

But if im wrong let me know!

 

Cheers

 

Paulo

[rekovni]

I would get it put aside anyways if possible. The main reason being if it turns out not to be statute barred for some reason it will be too late and secondly you can put in a claim for expenses including things such as time getting advice on what todo and have a pizza to de-stress courtesy of the DCA

 

You only have to do it at your LOCAL court, just ignore the courty court, off the dirt track, outer Syberia address they have put.

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[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.c o.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...1D83BF00 04F6EA