Capquest SD letter threat today!

[splosher]

Hi everyone

 

Well it's taken 5 months but i've had a Capquest delivery this morning telling me i'm going to be made bankrupt!!!

 

 

Can anyone explain what i'm supposed to do now, apart from leaving my house and disappearing? And i WILL NOT be paying this debt or agreeing to pay a certain amount a week as i'm employed part-time with £80.00 take home and £36.00 of that is on rent and Council Tax.

 

Hope you can give some good advice to someone who's at the end of their tether with this debt - 6 years and counting, although the second page of this Insolvency paper today states they've only been chasing me since October 2007.

 

Many thanks

[berrylover]

Is it ok if I make these images larger as they are hard to see?

[tiglet]

Panic ye not - Capquest are sending these out like they are confetti.

 

Firstly, you do need to get this set aside so it will be a trip to the court for you, I'm afraid. Your defence is that the debt is statute barred and that capquest are aware of this (if they aren't, you need to also send them the statute barred letter).

 

The court staff are really helpful and it doesn't cost anything. If the judge agrees you have grounds for a set-aside, you will then be given a hearing date.

[splosher]

Is it ok if I make these images larger as they are hard to see?

 

Hi

Yeah, no problems at all as i've deleted name and other stuff.

Just checked other Capquest stuff in this forum and lots of people are saying to go forward to the court in order to beat the SD. The problem is though, i do owe the debt and although i got the loan in May 2002 - hence 6 years - i'm sure i extended it in beginning of 2003, so i may not be in the clear, so to speak.

[berrylover]

Sorry, its not working for me.

[splosher]

Oh, and i should add the debt is for £5101.

[tiglet]

Sorry, so this isn't for the same debt? if not, I think you need to start a new thread so people don't get confused.

[berrylover]

Is it for the 12 year old debt or another one?

[MARTIN3030]

New thread started for this and moved here.

[splosher]

Hi all

 

Started this thread as i wrongfully posted this in an old thread of mine.

I have had a Capquest Statutory Demand come through my door this morning in relation to a Bank of Scotland loan for £5101 which i took out in March 2002. The original amount was for £1200 but i extended it a couple of times, defaulted due to moving 100's of miles and suffering a series of bereavements, so i had forgotten about it 'til this has arrived today.

 

Can anyone explain what i'm supposed to do now, apart from leaving my house and disappearing? And i WILL NOT be paying this debt or agreeing to pay a certain amount a week as i'm employed part-time with £80.00 take home and £36.00 of that is on rent and Council Tax.

 

Hope you can give some good advice to someone who's at the end of their tether with this debt - 6 years and counting, although the second page of this Insolvency paper today states they've only been chasing me since October 2007.

 

Many thanks

[IdaInFife]

It's too small to read. Upload the letter to Photobucket and copy the link in here.

 

Theres plenty of threads around about SD's at the moment that may be able to help.

 

 

Idax

[tiglet]

Can you give us a bit more info about what has gone on before?

[MARTIN3030]

2 threads merged

[ODC]

Sorry cannot read this but no doubt its just another Standard Crapquest Threatomatic

[splosher]

 

This is a bit better but yes, it appears to be just a standard letter.

[tiglet]

Ok, if we're to help with getting it set aside, we would need some more of the story.

 

Have a look here for something which may help:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158317-statutory-demands.html

 

Basically, i assume Johanna O'Keefe has signed it - you need to keep ringing and see whether you can get through to her personally.

[ODC]

Have you sent a CCA to Crapquest or is this the first letter you have had from them??

 

If you have not sent a CCA then get this off to them ASAP

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

[splosher]

ODC the thing is i know it's my debt, so if i send off the letter stating it isn't my debt, what'll happen?

[tiglet]

They basically have to prove it is by producing a compliant CCA.

 

Have you seen a notice of assignment? If not, what proof do you have that Capquest own this debt and, if they do, and you haven't seen your CCA, what proof do you have that they have the right to legally enforce it?

[UK26]

i had a meeting yesterday with a solicitor and they said, its abuse of process.

 

they sent me a SD for £1200 which £650 of that is illegal fees.

 

Now taken legal action Against Capquest for this

[splosher]

Okay, i send the letter to Capquest with the £1.00 postal order but what about this SD, which states i have 18 days from date of letter to set aside? Do i set it aside at County Court or do i let it run and go bankrupt?

I know i sound naive - and i am regarding financial matters as i'm sat here writing this now! - but if i go bankrupt, won't that get not only this but other debts off my back?

[KER]

go to court and get it set aside, bankruptcy is really a last resort to be honest.

[KER]

This link will take you to a post where SD's are explained and what to do.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158395-statutory-demand-bankruptcy-disputed.html#post1694186

[splosher]

Right, can someone please just sum up for me what i'm supposed to do regarding this SD? Do i send a letter to Capquest with the £1.00 postal order and then print off 2 separate forms and take them to court? When dod i take them to court - is this between the 18 days or something before the SD starts?

Very sorry but extremely naive with anything to do with debt, courts, etc.

[KER]

if you read the post I've linked above, it's really explained very clearly, there's not really a clearer way of stating it I don't think...