Cap Quest Statutory Demand

[Little Red]

Hi

 

I've just registered on the forum and also spent some time reading other threads about SD's as I have just received one.

If I can outline what I've had so far, can anyone give me advice as to what I should do next ? Thanks in advance Little Red.

 

Received SD from Capquest re old credit card debt of £8k ( plus their interest since date of assignment to capquest on May 06)+ £2.5k = £10.5k total.

 

SD was received first class post, but was sent to an address I lived in 2 years ago. I have a redirection on that address to my previous house, and then another redirection to where I currently live. ( in total, the letter has gone through 2 redirections !!). The SD is addressed to me at a property I occupied 2 years ago, not my current address.

 

For info, I also received an SD last year from another company ( Lowell Portfolio) and I ignored it as they had basically copied a form off the internet and not even completed it correctly . It looked amatuerish so I ignored it and nothing ever came of it.

 

However, the capquest form seems more plausible and is well laid out. I don't think they will take this any further, but I'd appreciate anyones views as to whether or not I should ignore the SD ( as it went to an old / old address) and was not delivered directly to me. The court name which was detailed on the old address is different from the court nearest me now. Also, I have never acknowledged any correspondence from capquest and there has been no communication between us, so i'd rather not start now unless it is really necessary.

 

Thanks

[maroondevo52]

Hello and Welcome, Little Red.

 

I'll move this thread to the Debt Collectors Industry Forum.

 

 

Regards.

 

Scott.

[palomino]

It's very tempting to just ignore it all, however that could make things very awkward for the people currently living at your old address. Do they know you have a redirection order? When does redirection order expire?

 

If you want to go through the procedure for having the SD set aside then let us know. This has been happening a lot lately so there are quite a few threads around which will give you a good idea of what happens and what to do about it.

Unfortunately in some ways applying for a set aside will mean revealing your current address.

 

Do you own you own property? If you do you might end up (much later on) with a charging order. Not especially relevant now but worth bearing in mind.

[42man]

This is usually a precursor to bankruptcy, but the stat demand hasn't been served properly, if they can't hand deliver it, then it would have to be by substituted service.....which basically will be a document/affadavit sworn by a process server to say that they had tried to deliver it but had failed....the bankruptcy would probably fail because of this....especially as you don't live there any more....

 

If it was me I would cancel the postal redirection !!!

[Little Red]

No, I don't own the house, just rent it.

 

Re the posting by 42 man,

if I "ignore this" and the redirection is cancelled and there is proof I have not liverd there for 2 years, could they still go ahead with a bankruptcy petition without me knowing ?

[42man]

They could still go ahead, but it wouldn't be successful as you don't live there !!!

[UK26]

Ive the same problem

 

I moved out of an address on 6th June 2008 - received a letter to that address on 10th June 2008 (went back to pick up any mail)

 

letter advised, they would issue SD on 19th June 2008 (at this time, i would no longer be living there)

 

So, i hope they cant proceed, they would have to track me then issue?

[Little Red]

Palomino

 

Thanks for the info. How should I proceed with this. If I apply to set it aside, it will acknowledge I've received the SD. As the redirection is from 2 years ago, ( which ended the day I received the SD in any event) would this stand up as there is no way they can claim I actually received the SD at my current address.

[Little Red]

Help please !

 

Does nayone have knowledge as to whether I should apply to have this set aside or not, as by doing so, I will have to reveal my current address,

[palomino]

This is a decision that you have to make I'm afraid. There will be opinions here for both courses of action.

 

Someone above has expressed the view that any bankruptcy petition will fail because you are not at the address known to the creditor. That might be your answer.

An uncontested SD will almost certainly go through although what the claimant will do with it is uncertain.

 

What do others think??

[MARTIN3030]

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