Capquest SD letter threat today!

[ODC]

Looks like they have a desire to pay you a huge amount of money when you get it set aside if indeed SNOTCALL actually call.

 

What exactly is a Statutory Demand for Bankruptcy.???

 

I think their legal department have difficulty distinguishing their arias from their elbows

[datcat]

I know this may seem a very personal question, but are you in any other debt? If so I would be inclined to write them a letter saying do it. Make me B/R. Yes I know that being B/R is a huge thing and if at all possble should be avoided, but sometimes it is for the best. And not only that, but letting them do the deed is going to cost them more than it would cost you.

[splosher]

Looks like they have a desire to pay you a huge amount of money when you get it set aside if indeed SNOTCALL actually call.

 

What exactly is a Statutory Demand for Bankruptcy.???

 

I think their legal department have difficulty distinguishing their arias from their elbows

 

Why would they have to pay me a huge amount of money?

So, is this Capquest bankruptcy going to go ahead in your opinion?

 

I know this may seem a very personal question, but are you in any other debt? If so I would be inclined to write them a letter saying do it. Make me B/R. Yes I know that being B/R is a huge thing and if at all possble should be avoided, but sometimes it is for the best. And not only that, but letting them do the deed is going to cost them more than it would cost you.

 

I'm now pretty debt free apart from this outstanding debt and haven't got a car, don't own my own house and only work part-time, which is supplimented by partial housing benefit and council tax benefit, so being made bankrupt won't affect me really.

[tiglet]

I wouldn't panic too much, this IS a standard letter - I received it even though I had my SD set-aside.

 

I would wait to see what they do, if you are fairly sure it is Statute Barred or nearly so - if they do serve this in person, then go back to the court and ask for it to be set-aside.

[splosher]

I wouldn't panic too much, this IS a standard letter - I received it even though I had my SD set-aside.

 

I would wait to see what they do, if you are fairly sure it is Statute Barred or nearly so - if they do serve this in person, then go back to the court and ask for it to be set-aside.

 

But should I deal with them if they turn up at my door or avoid them?

[gezwee]

Why would they have to pay me a huge amount of money?

So, is this Capquest bankruptcy going to go ahead in your opinion?

 

 

A stat demand is ermmmm a stat demand, if they had indeed made application 18 months ago they would have been at the petition stage by now (although me thinks they've left it a little late )

 

Looks like they've reverted to their original threat of Sept '08, at least they are making an attempt to serve this time

 

A little technical guidance here:

 

The Statutory demand

 

If they do serve you'll get plenty of help on here with set-aside.

 

Gez

[ODC]

Splosher

 

They only have six months to petition for bankruptcy after a Stat Demand is PROPERLY served so the one they sent you 18 months ago is irrellevant

 

You will get money from them if they issue another SD because you can easily get it Set Aside due to the fact that the alleged debt is Statute Barred. You can hit them for costs

[splosher]

Appreciate the answers - and it may be I'm a little stupid when it comes to thing like this - but sorry I'm still confused regarding the 18 month delay, where I now stand and what's my next move?!

Is it legal for them to forcibly attempt to make me bankrupt?

Do I send any of the letters which are floating around on this forum?

If they do turn up at my door, what do I do?

[datcat]

The one they sent 18 months ago has you could say, lapsed so what they are claiming/planning to do is serve you again in person by a firm called scotcall ( Another rubbish DCA ). Although they may well just send it through the post again.

 

If it's legal well you may as well ask how long is a piece of string. I guess they look at it as you had the money and have not paid them back and this is one of the ways they are going to recover the amount owed.

Which is a pretty simple way of putting it.

 

 

You cannot do or send anything until they do. In person or in letter

 

If they turn up with a stat demand in person then take it from the person and shut the door. Then come here and put a new thread up.

 

If they turn up without anything tell them to jog on and shut the door.

[ODC]

Appreciate the answers - and it may be I'm a little stupid when it comes to thing like this - but sorry I'm still confused regarding the 18 month delay, where I now stand and what's my next move?!

Is it legal for them to forcibly attempt to make me bankrupt?

Do I send any of the letters which are floating around on this forum?

If they do turn up at my door, what do I do?

 

Splosher

Quit worrying.

 

The previous SD was 18 months ago. It was not even legally served so it was a scary tactic which failed miserably. Its now well and truly out of the equation so forget about it.

 

If they are foolish enough to go down the same road then it will be an easy matter to get it set aside and claim costs against them.

 

Have you told them the alleged debt is Statute Barred

[splosher]

Splosher

Quit worrying.

 

The previous SD was 18 months ago. It was not even legally served so it was a scary tactic which failed miserably. Its now well and truly out of the equation so forget about it.

 

If they are foolish enough to go down the same road then it will be an easy matter to get it set aside and claim costs against them.

 

Have you told them the alleged debt is Statute Barred

 

No, as i've only just reached the fabled 6 year mark this month. Is there a link to the letter stating this fact?

[42man]

Please do report them to the Office Of Fair Trading.....

[ODC]

No, as i've only just reached the fabled 6 year mark this month. Is there a link to the letter stating this fact?

 

 

Send them this

 

Dear Cretins

 

Acc/Ref No

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could lead to a prosecution under the Consumer Protection from Unfair Trading Regulations 2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

I M Wise To-You

 

 

The burden of proof that the debt is NOT Statute Barred rests with them. You do not have to prove it is Statute Barred