Received a statutory demand from Capquest

[fifimed]

Hi all, please could you someone help with the above. I received it in the post today with regards to a credit card debt owed to Halifax which i took out July 02 and was passed to Capquest April 06. The Halifax were originally taking money from my account randomly without any notice and then passed it on to Capquest who have pestered the life out of me for the last 2 years phoning 3 x a day and numerous letters all of which i have ignored, as i had originally tried to get Halifax to agree to pay off the debt at 25.00 a month, which they refused. I have read all the literature on here and don't know whether to gamble and ignore it or reply. I do not have any assets and rent a council house, which incidentally is how I obtained the credit card when i went to the Halifax to see about a mortgage to buy the flat but then thought better of it. When I was there they practically gave me a card, well got me to sign an agreement and sent the card. The debt is for 5402.15 although nearly half is interest acrued and charges for late or non payment. Can anyone please advise me on the best course of action. Many thanks. I also have 3 CCJ's from First National of which i am paying 4.00, 4.00 and 10.00 respectively and have received no correspondence since the CCJ which i think was about 4-5yrs ago. I dont even know how much I owed originally or how much i owe now.

 

Thank you all and what a find this site was.

[maroondevo52]

Hello and Welcome, fifimed.

 

I'll move this thread to the Debt Collectors Industry Forum, you'll get all the help you require in there.

 

 

Regards.

 

Scott.

[SusanSusan]

Hi Fifimed. I got a Statutory Demand from CapQuest as well, re: a very old Egg CC. I'm a total newbe here - but for what it's worth, here's my view. Other, more experienced hands will hopefully post and correct/elaborate.

 

1. The DCAs - esp folks like CapQuest - are just issuing SDs like confetti to see if they can chance their luck. This is not what they were designed for, and the courts take a someone dim view of it.

 

2. Most of the time, they don't follow them through - ie: if you don't reply they may well just let it drop. BUT the received wisdom here is that you don't want to risk it - you should fight it. It's far, far easier to have a SD withdrawn, then it is to fight a bankruptcy order.

 

3. You may feel that fighting the SD means you are raising you head above the parapet - but you seem to have been in contact with them to one degree or another. But remember - they are issuing THOUSANDS of these - just in the hope that some folks will panic and rob a bank or something to pay-up!

 

4. If they really did want to make your bankrupt, it would cost them at least £2,000-£3,000 in court fees and solicitor charges. So it's very unlikely they would pursue you if you have no assets - house etc. And the fact that you DON'T own a house, makes it all the more likely they have just issued the SD as a fishing trip. They are a commercial organizations, making commercial decisions. They are not going spend 3K + to get zero back.

 

5. So I think if you fight the SD, then you are showing them you are not to be messed around, and they will learn you have no assets. You might even find that the debt is unenforceable due to the Consumer Credit Act etc and/or their failure to produce the CCA etc. BUT as you have CCJ that may not be the case - other here will know much more than me.

 

6. I am fighting my SD at present - I've put all the documents into the court.

 

Bit's I've learnt so far:

 

The 18 days you have is from the date you swear that the document "came into you hands". But the sooner you get your application to set-aside in the better.

 

The courts can be very helpful - many of the bigger ones have special divisions to help folks free of charge and give them advice. BUT they won't know all the great tricks and knowledge on this site, and they won't "act" for your interests like folks here.

 

It will not cost you anything to file the application, if you turn the statement into a "witness" statement. When you file they will show you what to do.

 

You must take 3 copies of all the forms etc - you must even copy the SD 3 times.

 

When you go to file - be nice and pleasant to the folks at the counter. They get hassle all day, and will do anything for a smile!

 

Good luck - they most likely won't even turn up - you should file your expenses claim before the day, you might even make a few hundred quid out of it!!

[citizenB]

I dont know very much about Statutory Demands, apart from the fact that you are specifically advised by all on here not to ignore it.

 

If you pop "statutory demand" into the search box at the top where all the headers are you will fetch up lots of threads, have a read through some of them for some advice.

[maroondevo52]

Here's some info about Stat Demands.

 

Legal Issues Explained - Statutory Demand

 

Regards.

 

Scott.

[fifimed]

Hi All

 

Many thanks for the advice. I have decided to ride the storm and see what happens. To be honest going bankrupt would not be such a bad thing for me anyway. Will stop people hassling me at work, constant letters and phonecalls at home and work are making me really depressed. The way I see it I have nothing to take, other than my credit rating which must be in minus now anyway. Fed up robbing Paul to pay Peter so to speak. I just don't have the energy anymore to fight these people. What's the worst that could happen, they take everything, they have done that already, my credibility at work is zero as they have sent letter which my boss opened so I think my whole workplace knows what a loser I am. Anyway, thank so much for all your kind words and advice it is the first time in a long time that I felt that someone cared and wasn't judging me for getting in to this mess.

 

Thanks

[SusanSusan]

Fifimed - you're NOT a loser - millions of people are in the same position as you are; including many of the major banks around the world!

 

If you follow the advice here, you may well be able to stop the harassment, and maybe even get the debts put aside. But it may be best to go bankrupt if you really want to wipe the slate - but not if you own your own house etc.

 

I would think it VERY unlikely that you current creditors as mentioned would make you bankrupt; and you could stop them from hassling you.

 

At least post your total situation here, with all you debts and let folks give you advice.

[fifimed]

Hi Susan

 

Sorry I havent replied in a while but have been ill. I still havent heard anything re stat demand and it is now 28 days. When would I expect to hear something if I was going to be made bankrupt. Once again thanks for your kind words.

[maroondevo52]

Hi, fifimed.

 

There are stacks of people like yourself on cag, including me

I'm still in a mess, but with the help and support of people on this site I can now see a light at the end of the tunnel knowing my luck, It'll be a train coming my way

 

Try not to let them get you down, as Susan has said, you will get all the help you need on this site.

 

Hopefully the stat demand is a bluff.

 

Regards.

 

Scott.

[fifimed]

Hi Scott

 

Thanks for your reply. Hopefully it is a bluff but to be honest there is nothing I can do if it isnt. Do you know what is likely to happen next, if it is not a bluff.

Kind regards

Fiona

[MARTIN3030]

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