please help threatened bankruptcy by capquest

[mojobluegirl]

hi

 

please can someone help me i have been threatened with bankruptcy by a company called capquest , who have taken on my skycard credit card debt.the original debt was for 750.00 but now with interest and cahrges the debt is now 1201.69. after being hounded by phone messages at all times of the day and night they finally sent me this petition for bankruptcy.

i called them and offered to pay 20 pound a month as a single mum of 4 on a part time salery it was more than o could really afford. the guy on the phone was extremely rude and demanded 100 pound up front and 50 per month thereafter. i felt i had no choice and agreed. i set up a direct debit account and the first payment did not leave my account then i had another nasty call demanding 50 pound . i explained that they had not taken the payment but the direct debit was set up. they said no direct debit had been set up. i authorised another 50 pound over the fone and they debited my account with 51 pound. i reset the direct debit which was due out on the 29th but they still havent taken it what should i do?

 

should i cancel the direct debit and not pay? can they enforce the bankruptcy or what should i do . please help i am at my wits end and getting very depressed.

[angel_1]

hello mojobluegirl

 

welcome to cag, i see this is your first post and i wanted to at least say hi

 

im not too sure on all this bankruptcy lark, but im sure other more experienced people will come along soon to help

 

in the meantime have a look at other threads and learn as much as you can about capquest,

 

i have in the past been helped by nationaldebtline and their site has a lot of useful info and you can also call them freephone

 

take a deep breath, slow down and take today to learn around this forum and pretty soon you will learn stuff and i will look in later to make sure someone experienced has come to give you some good advice

 

must dash off now but i wanted to make you feel welcome i understand the terror you must be feeling but pls wait for some replies okay

 

take care for now MAZ

[silverfox1961]

Hi there,

welcome

First of all DON'T phone them. It's a complete waste of your time.

Do everything in writing

Cancel the direct debit. these companies have a nasty habit of increasing the amount taken without your permission.

You might think about changing banks too.

Next, CCA them to see if the have a valid agreement. If they do (unlikely) then you can tell them how much you will pay them, not the other way round.

As i said do everything in writing, do not hand sign any letter and always send letters by recorded delivery at the very least.

The CCA request will cost the princely sum of £1. get a postal order for that. don't send a cheque.

hope that helps

 

fox

 

ps If possible can you post up the "petition"

Edited December 3, 2008 by silverfox1961
missed abit

[42man]

Is it a statutory demand ? or a bankruptcy petition ?

 

In the first instance send out letter 'N' from here ASAP - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it by recorded delivery and enclose a £1 postal order...

[blue4ever]

Hi MOJOBLUEGIRL WELCOME to CAG, You have come to the right place,there are lots of people on this site that will point you in the right direction.

Read the links below,this will help you navigate the forum and help you how to start your own Threads.

 

Cheers B4E:-)

 

NEVER TALK TO A ---D.C.A ON THE TELE[PHONE

GET EVERYTHING IN WRITING

 

IF YOUR NEW **PLEASE READ**

DUMMIES GUIDE TO THE FORUMS

CAN`T FIND WHAT YOU WANT?-FULL- A-Z INDEX

TEMPLATES

PLEASE DONATE TO CAG ,EVERY LITTLE HELPS

--------------------------------

Any Advice given by me is based on solely on my experiance or opnion. I have no Legal background.

If i have helped in any way please feel free to click my scales

{{{{{{{{{{{{{{{{{{{{{

Thank You blue4ever:grin:

[42man]

Also how old is this ? is there a gap of 6 years (5 in Scotland) anywhere along the life of the account where you have not made a payment or acknowledged the debt ?

[joneseyblod]

Hi

 

Definately call nationaldebtline and also take a look at their website. A creditor cannot demand what you dont have.

 

Take a look at their templates and find the one relating to payment arrangements, send that along with income & expenditure details.

 

Cancel the current direct debit as they have used unfair harassment to try and get you to pay unaffordable amounts.

 

If they refuse and do try to take you to court, the judge will only get you to pay what you can afford, and usually freeze interest.

 

If you are getting a lot of harassment there is a section about debt collectors and templates to send to them to stop phone calls and advise of harassment to the OFT.

 

Have you thought of doing an administration order? Not sure of the full details of this but nationaldebtadviceline and CAB should be able to give more information on these.

 

I wish you the all the best with this.

[42man]

It is important to know if this is a statutory demand or a bankruptcy petition....

[mojobluegirl]

hi thank u all for ur advice . i am confused at the moment as u can imagine but am sure i wil get there with ur help. i have receiced a statutory demand under section268(1)(a) of the insovency act 1986 debt for liquidated sum payable immediatly.

[42man]

OK...try not to worry too much at this stage....is there a chance the debt may be statute barred ? is there a gap of at least 6 years (5 in Scotland) where you haven't made a payment or acknowledged the debt ?

[mojobluegirl]

the debt is about 3 yrs old

[42man]

I would also have a look here - you may find this enlighening...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

and these...

 

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

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/169354-1st-credit.html?highlight=rooferboy

[mojobluegirl]

i tried to make arangements with skycard but they wudnt listen n passed the debt to caoquest

[42man]

OK....in the first instance send out the CCA request as mentioned in post number 4 above....

[mojobluegirl]

ok ty i will thanks so much

[mojobluegirl]

shud i cancel the direct debit first or continue to pay 50 pound per month

[42man]

It would also seem that the account is full of excessive charges too....

 

and it is likely that they owe you not an insignificant amount back...

[42man]

If it was me I would stop the DD immediately.....despite yo umaking an offer, they have the cheek to send out a stat demand....

[42man]

You basically have 18 days from the date you received it to set this aside. Have a good read through the links I gave you....send off the CCA and you'll need to fill out forms 6.4 (set aside form) and the affadavit (6.5)....

 

You can find these here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

Once you have filled out the forms (help here with form 6.4 - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/163766-statutory-demand-1st-credit.html?highlight=registrar

 

If you need help with the affadavit please ask....

 

You need to take these to your local county court (ring them first to check they handle bankruptcies - if they don't they should be able to tell you the nearest court that does) At the court you should ask for the affadavit to be sworn in (this is usually free at a county court, £5 at a local solicitors office or £12 at central London courts).....

 

This will go in front of a judge who will probably set a date for a hearing.....once you have done your research (read as many threads as possible !!!) we can submit your costs 24 hours before the hearing....

 

First thing to do is get the CCA request off ASAP...

 

If you aren't sure of anything please shout...

[42man]

Making an offer of payment is not enough to set the demand aside.....but once you have read through the threads and links I gave you it will start becoming clearer and you will feel a lot better....!! as I said if you need help please shout...

[mojobluegirl]

ok. i have written out the CCA letter will get that sent out this aft.

i have a problem with the 18 day rule tho i received th SD in september and dealt with it straight away by ringing them . thats when they made the outrageuos repayment offer. i have so far paid 151 pound to them.as in my original post it has been fraught with probs and i am just so worried if the probs continue i willend up bankrupt and as i work for my local council i cud lose my job .as someone told me if u r bankrupt u cant work for the council.also worried re bailiffs coming and taking all my stuff.

[42man]

OK....well you are out of time to get the stat demand set aside unless you pay £30 to do this.....get the CCA request sent out, keep paying them until they slip into default of your request (they have to supply the agreement within 14 working days, if they fail to provide this within 14 days then you are within your rights to stop paying)...it might also be wise to start reclaiming the excessive charges + 8% compounded interest from Skycard...

[mojobluegirl]

ok will do. so sorry to be a pain but how do i go about reclaiming charges etc

[42man]

Start a new thread here MJBG -http://www.consumeractiongroup.co.uk/forum/general/

 

Explain that you want to start the reclaim process and you should get some good advice and help...

[mojobluegirl]

thank u so much u are an angel an absolute godsend i feel much beta already