Capquest SD - help please - ** WON + COSTS **

[700633744]

Hi all,

 

I have received the standard threat letter that others have posted on here from this company but havent found a thread to match my circumstances and need your advise please????

 

Firstly I have a mortgage so cant afford to be banktupted etc, and I cant pay the debt off unless it over a year or so. The actual debt is from a halifax bank account which was subject to fraud and then leathered with bank charges: I had a cheque book stolen from my car and the halifax never cancelled the cheques when asked, then they where cashed. Obviously I had charges added to this account but halifax has always refused to consider it to be their fault - 3/4 years ago, I spent hours in branch and over the phone then gave up. Now these tossers are on my case and I owe £1554 (offered payment of £932 if paid up). This is the first letter I have had off them saying an SD will be issued in ten days. It looks to me as though their whole customer base has been issued with these and some have been given SD's. What do I do please? Im new to this and need advise..... I begrudge paying Halifax as its their fault, yet alone these idiots. Can you give me a step by step guide of how to proceed please?

Edited December 16, 2008 by 700633744

[KER]

Well I'd write to capquest and the Halifax saying that you dispute the debt because of the stolen cheque book and give the crime number you got from the Police when you reported it as a start! Send it recorded delivery, then, when the stat demand arrives, you can say it's disputed and give the reasons why.

[Michael Browne]

Do you know how much the penalty charges are? If not send Halifax a DPA SAR. See here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If they issue an SD it should show any charges separately, not just £1554 You can apply to have it set aside on the basis that the total includes unlawful charges

[tiglet]

Deary, deary me - good old crapquest with their SD's.

 

I was in the same situation with the credit card that capquest issued my demand on - same thing with halifax, cancelled ex-husband's additional credit card and they didn't cancel it. Amount racked up equals about the sum CQ are chasing me for - guess who's on her high horse!

 

Make CQ aware of the dispute, but if they go ahead and issue the SD, you will need to get it set aside (even if they say they are going to cancel it) in order to protect yourself.

 

I would certainly send the SAR and make sure they provide all information, not just the statements - you may have to start legal proceedings to achieve this, but it will strengthen your case to prove you reported this matter.

[MARTIN3030]

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

[700633744]

Help please - what do I do now? I have sent the SAR to Capquest plus a letter to Halifax but CapQuest have still issued me with an SD..... what do I do next?

[tiglet]

You need to go to your local court and ask for it to be set aside.

[MONX]

You need to apply to your local county court to have it set aside, you can find your local court on here The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available ring them and make sure that they deal with SD's it usually comes under the Family and Bancruptcy section.

 

When you have established which court you are using, you need to complete an affidavit on these forms 6.4 and 6.5 http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf and

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

When you have done this you take it to the court and get it sworn in.

 

Have a read of this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

 

Hope this helps

[42man]

You need to state on the form and affadavit that you

 

Dispute the debt totally due to this alleged debt being the subject of fraud and a criminal enquiry (quote the police case number)

 

There is nothing else you need to write.

 

And add your costs too....for LITIGANT IN PERSON - COSTS @ £9.25 per hour

[700633744]

Thanks - in relation to providing the crime ref number: it was 3.5 years ago and I made the mistake of giving the crime ref sheet off the police to Halifax as evidence without taking a copy. I have sent a cca request to try and get it back.

 

At the time Halifax where asked to and agreed to cancel 2 cheque books but only cancelled 10 cheques and admitted they should have cancelled all cheques. I have requested the detail off the Police but they need the actual crime date which I dont have until my Halifax CCA is returned.

 

Should I just fill the referral forms in claiming it contains illegal charges and the acct is in dispute as I dont have the time to wait to get my crime ref number?

 

All advice is appreciated - thanks

[MrCollio]

I have been in exactly the same position.

The advice from 42 man is 1st rate. It is exactly what I did.

The problem you have is that Halifax are a real pain. They will then pass it to someone else probably 1st Credit who will do exactly the same thing. I speak from bitter experience.

All you need is the crime reference number you should not need the form. When I reported my fraud I did it over the phone and only got a reference number no forms. I have never been asked for anything else.

To reiterate you must get the SD set aside.

[KER]

So go back to the police station, give them the details and tell them you need the crime reference number for a matter going through the courts currently.

 

Write to them, and enclose a copy of the letter with your application to set the SD aside.

[42man]

Write what I have written, you need not write anything else, if Capquest are foolish enough to pursue this, then you will have time to get the relevant paperwork. And claim your costs too !!

 

If they do pursue this then it will be plain harrassment and I recommend speaking to a few of the National newspapers...

 

Also have you tried asking the police for a copy of the file ?

[700633744]

I have spent 30 minutes on the phone to the Police and as I dont have the date they cant find the crime ref. Halifax had previously admitted that they should have cancelled the cheques but never, I hope that the CCA will prove this as I will also be asking for call transcripts when they repsond - is there a reason I can use without giving the crime ref number as I just cant get it until Halifax return my statements!

 

Would: contains unlawful charges and is in dispute with the original creditors be sufficient?

 

I will be approaching the OFT once resolved and writing to Halifax and CapQuest to complain. Any other bodies I can raise this harrassment with?

[700633744]

Also apologies for being nieve but what happens if I get this set aside? does the time to pay get extended etc? how does it work please?

[MrCollio]

When you get it set aside it means that they can not file for bankruptcy.

 

However the debt is still owing. You then need to see if its enfoceable via the CCA route.

 

I would also send a letter to Halifax explaining the fraud on the account.

 

The problem you will have is that Halifax do not give up easy. They will simply pass the debt on to another DCA.

 

I would do the following.

 

Complain to Halifax.

Then to Financial Ombudsman Service. Once you have your complaint in here when Halifax try to pass it on again you just phone them up and the new DCA will stop chasing.

[700633744]

Hi - I have now been to the court and done my avidavit etc. I have been advised that I will get an appt with a judge to argue the point why it should be set aside. What should I expect in the appt - will I just basically say here's my letters to Halifax disputing etc., I am waiting for all my data off them still, plus it contains unlawful charges????

 

what are the chaces of the appeal being dismissed?

 

i am worried that I will go to the appeal then have to find £1500 in a short amount of time....

[42man]

What did you write in your defence / affadavit ?

[700633744]

I am appealing upon the grounds that the amount contains unlawful charges, the account is in dispute with Halifax whom I am awaiting an SAR request from as they had previosuly admitted liability for this amount.

[42man]

Didn't you mention the crime ?

[700633744]

Not directly as I havent and cant get the crime ref number, I empahsised the unlawful charges which where Halifax's admitted responsibility: to be proven by the SAR hopefully

[42man]

Have a read here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160672-1st-credit-lloydstsb-help-3.html

[42man]

If it gets to a hearing then you need to mention it.....I'm not sure if you can add to an affadavit at this stage...might be worth ringing the courts and asking if you can....

[700633744]

I have noticed that capquest have my postcode wrong - is it feasable to assume that there may be letters sent to me which i have received due to theyre mistake: make this point to the judge....

[42man]

No...getting the postcode wrong will not matter....