Capquest- Statutory Demand/ Urgent

[losingwilltolive]

these guys certainly seem to be on a mission- This mornings post, letter arrived with a demand ,supposedly from Natwest bank--

the last contact i had with Natwest was approx 2001-prior to moving--

this letters implies some sort of small loan--( didn't have any loans-only a current account!!)

The reference numbers are not familiar at all and they claim the debt was re-assigned to capquest in 2007

With this one i am 100% sure about defending this but will it cost any monies to do so??? it is totally unfair for these compnaies to all of a sudden after 6/7 years of no contact to then issue a Statutory Demand,especially as it may cost me monies to defend their pointless actions-- plesae could someonehelp as i'm again in despair--

[Newborn]

You need to get this set aside and you only have 18 days to do it in. There are threads on this. If they are claiming a loan then you should also do a CCA request. It sounds to me like it's statute barred, but with a stat demand you can't be too careful.

 

Someone with a bit more know how will be along shortly.

 

Newborn

[losingwilltolive]

many thanks- i hope some other advice will be offered later-

just to add that the address on capquest letters is somewhere in Fleet,Hampshire.

The envelope that all of this came in from Capquest is from'

CDR, PO BOX 2768,BRISTOL,BS4 9DD

 

are they mass mailing unsuspecting people with these demands?? is there anything that anyone cn do to stop companies like this operating?

[kiei212]

hi - can't offer much advice to youbut i had a letter from these horrid people yesterday too. threatoning to serve a bancruptcystat demand on me on the 2nd dec personally. has yours come in the post???? i'm not sure if they are allowed to do this ? i will be following your thread at least i know i am not the only one in this position. good luck

[42man]

A great chance for you to get this set aside and claim your costs LTWTL....

 

Please have a good look through here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

And also have a read of this thread as this is VERY similar to your own case...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html?highlight=chezza

 

Do have a read through...and if you aren't sure what to do or need more info, please send me a PM, and I will answer on this thread....

[losingwilltolive]

Thanks again 42Man- i'll keep you posted but i now have 3 diift. actions against Capquest- they seem to be a law amongst themselves-

i'll certainly read the posts you have highlighted but i take it that as an initial step i would CCA them??

Also- is there anyone i can now complain to about their actions

Thanks

[pt2537]

using the Insolvency process for debt collection on a disputed debt is an abuse of the process

 

Mr Justice Warren in Hammond v pro fit

[ScabHunter]

Hi losingwilltolive,

 

These "people" really do seem to have it in for you, don't they?

 

Well, this time you may just be able to make them pay you for your trouble.

 

If you can apply to get this set aside, there is every possibility that you will be awarded costs. There is no fee charged to you to apply for the set aside.

 

To apply for a set aside, you need to be able to satisfy certain conditions. From the Insolvency Helpline site -

 

Legal Issues Explained - Statutory Demand

 

Clearly, if an alleged debt is statute barred, then the whole of the amount on the statutory demand is disputed.

 

If there is a contact given on the demand itself, it will be worth trying to contact them. If you do not get put through, then the demand is invalid.

 

If the alleged debt relates to a loan when you only ever had a current account then that will simply bolster your defence. You could also CCA Capquest, so that they are in default of that request as well before the time of any hearing. They cannot produce an agreement on a loan which never existed - not without doing something extremely naughty, anyway.

 

The odds are that Capquest will not even show up. These frivolous statutory demands are issued wholesale because they know many people will just cave in and pay up.

 

In this case, your defence seems as watertight as it is possible to get, so there is no reason not to launch an offensive. If this alleged debt is statute barred, then Capquest are blatantly breaching OFT guidance -

 

2.14 (b) continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

A complaint to the OFT is clearly in order.

 

I know you have had problems with these idiots before. I remember you had a CCJ awarded against you when they sent the court papers to the wrong address. Now, they are abusing court process by using the insolvency procedure to harass you for an alleged debt which is not only statute barred, it is almost certainly not even your debt in the first place. You have every reason to initiate a complaint through their internal procedure, and then escalate it to the Financial Ombudsman Service if (should I say when?) they fail to satisfy it.

 

You can also try to bring in Trading Standards through Consumer Direct. You are clearly being victimized by these "people".

 

Make sure you apply to get this set aside. You clearly have a cast iron case here, and every one of these frivolous demands which ends up costing these cretins money just increases the chances of them having to cease this totally unethical "business practice".

 

SH

[losingwilltolive]

once again thank you all for the great advice- I will follow instructions and keep you posted on all my recent postings.

[losingwilltolive]

Ps/ SH - you are corrct in that a CCJ issued at wrong address for me-- I have applied to have this set aside and my forms were receibved by Northampton county court but it did cost me £75!!

It's ridiculous what these guys are getting away with

[slick132]

Hi LWTL,

 

Defending the SD will cost nothing.

 

Don't worry about who to complain to at the mo - get a CCA request off pronto.

 

Another good SD example is here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

Make the complaints after you get the SD set aside - these people are abusing the system by using SD's on Statute Barred debts, and they should be held accountable.

[losingwilltolive]

Hi,

tonight i' working on filling out the forms 6.4 & 6.5 to set aside the statutory demand that arrived form capquest by first class post last week- for a debt/reference that i have no idea about..

I have to admit that the forms have confused me and i am not sure how to answer many of the questions:

e.g. on form 6.5 - Q2- is it asking for only 1 of the 8 reasons on form or can i choose a few?

do i also claim any costs on this form?

 

sworn at ??? is this my court?? do i need to make an appointment?

form 6.4 a to e?

sorry to be so thick here but any help is appreciated

thanks

[slick132]

Hi LWTL,

 

Have you had a read of the examples in the threads that have been linked for you in posts 5, 8 and 11 above.

 

[losingwilltolive]

Hi,

Yes- just been going through the related threads and doing some copying & pasting-- thanks

[losingwilltolive]

Just to say --that one of the threads is indeed great as it is similar to my case---infact the only thing i'm not really sure about is for the affidavit on form 6.5-do i need an appointment in court , not sure who can witness this etc

any help much appreciated

[stuscfc]

Basicaly you fill in the set a side form take it to the court.The resceptionist will call a clerk of the court and will either do it at the front desk or a side room (swear an oath that is) with a bible or what every religion you are and read out a small paragraph and thats it tbh.5 minutes and its done.Then wait for a hearing date from the court or give them a few days and give them a ring.

[slick132]

Hi Losing,

 

I'm not sure abou the Affidavit - ring your court and I'm sure they'll help.

 

Out of interest' which is the similar case you are using as an example. GayH's example which I linked in post #11 above is very eloquent and you don't have to go that far.

Edited November 28, 2008 by slick132
revised re affidavit

[losingwilltolive]

Hi Slick- Yes it was Gary's post-- as it also clearly explains many of the stages- thanks for the prompt otherwise i'd have asked a thousand questions by now!!!

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA