Capquest sd received today. What now?

[sparky001]

Can anyone help please?

I have just received a statutory demand from capquest for a debt with littlewoods that is dated (edited) for the sum of £1xxxxx

I have been reading loads of posts on hear but this seems a nightmare, can anyone help please?

I think i need to get this set aside but am unsure of the correct procedure and i dont want to mess up at the beginning.

 

Am i right thinking i have to issue template letter N, a cca request? but then what? i think this debt is statutes barred, its 11 years old. How long do i have it says 18 days but letter date is XXXX.

 

the particulars of debt are as follows

 

The debt relates to the unpaid balance of sums due under Credit Agreement dated 22 oct 1998 made between Mr ****** and littlewoods finance company in respect of a littlewoons mail order finance no D*******. The agreement terminated upon the failure of MR ******* to comply with the terms of the agreement and/or a statutorynotice of default served by littlewoods.

 

The rights and duties of littlewoods finance co passed to the Creditor pursuant to an assingnment dated 26 sep 06.

 

The total amount due as at the date of this demand is £1XXXXX which includes interset of £0.00 which has accrued since the assingnment of the debt.

[sparky001]

Can anyone help please?

I have just received a statutory demand from capquest for a debt with littlewoods that is dated 29 oct 1998 for the sum of £1221.57

I have been reading loads of posts on hear but this seems a nightmare, can anyone help please?

I think i need to get this set aside but am unsure of the correct procedure and i dont want to mess up at the beginning.

 

Am i right thinking i have to issue template letter N, a cca request? but then what? i think this debt is statutes barred, its 11 years old. How long do i have it says 18 days but letter date is 9 jan 2009.

 

the particulars of debt are as follows

 

The debt relates to the unpaid balance of sums due under Credit Agreement dated 22 oct 1998 made between Mr ****** and littlewoods finance company in respect of a littlewoons mail order finance no D*******. The agreement terminated upon the failure of MR ******* to comply with the terms of the agreement and/or a statutorynotice of default served by littlewoods.

 

The rights and duties of littlewoods finance co passed to the Creditor pursuant to an assingnment dated 26 sep 06.

 

The total amount due as at the date of this demand is £1221.57 which includes interset of £0.00 which has accrued since the assingnment of the debt.

 

Can anyone help?

[davefirewalker]

Not too sure on statutary demands...but the debt is statute barred if you havent paid anything or acknowledged the debt in 6 years

 

someone will be along very shortly I'm sure

 

dave

[westendwendy]

If you have not made a payment or had any contact in six years you could send them letter 'M' in this thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

Read through the letter and adapt it to suit.

[42man]

You need to get this set aside. You have 18 days from the receipt of the demand to do this....once again I URGE you to report them to the OFT also...

 

Please have a read here - you can find the forms to use in this thread -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

And DO read here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

If you need some help please SHOUT....

[basfordlad]

Get on to it straight, also make sure you reclaim your costs etc. Capquest wont defend it either nor will they turn up.

Its just thier standard tactic now to get people scared and try and make them pay up

[sparky001]

Thanks guys, i have sent letters m and n today by recorded delivery.

Do i have to wait for a reply before i proceed to getting it set aside by court?

I havent had any contact over this debt for at least 9 years so it is definately statutes barred.

[42man]

No...you've got 18 days from when you receive it to set it aside....

[sparky001]

Cheers 42man will keep you posted.

[wilberforce25]

HI

 

I think this site is truly amazing with so many helpful and knowledgeable people helping others who have fallen on difficult times.

 

I too have received a Capquest sd today. Relating to Halifax cc debt.

 

 

It was originally sent out on 09/01/09 to my previous address.

They still have me at that address after 2 1/2 years.

 

In the particulars of debt They quote "debt relates to the unpaid balance of sums due under credit agreement dated " no date inserted.

 

Should i take this seriously and set aside.

 

I have been working on my debt situation since registering and was planning to send them cca letters. but this has taken me slightly unawares.

 

Would appreciate any help at all now in state of panic.

Thanks

[westendwendy]

Hi, welcome to CAG.

Someone more experienced will be along to explain the set aside procedure but in the meanwhile do send them a CCA request,letter 'N',you'll find a letter in the templates thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send a postal order for £1.00,recorded delivery and do not sign the request.

Keep the receipt and when they reply if you could scan what they send and someone will take a look and advise you of your next step.

 

Most important,don't panic - read a few of the threads on here about Capquest and you will realise just how few powers they have.

 

It would be best if you started a new thread so that you don't get lost in this one.

[wilberforce25]

Hi

Thanks for your reply.

 

I will start a new thread and send the letter tomorrow.

 

Many thanks

[sparky001]

hi guys

I have just received a letter from Capquest this morning, it says:

 

We thank you for your correspondence.

Please find attached your £1 fee for a copy of yous agreement.

We would advise you that Littlewoods Finance have been unable to provide us with a copy of the agreement and we are in the process of referring this account back to our client.

from Martin Best

 

Does this mean it is all over or do i expect more correspondence?

[42man]

Did you apply to set aside ? It could come back especially if they sell the debt on.....

[sparky001]

Hi 42man i havent set it aside do i have to now or can i do it fi it comes back?

i just dont fancy the hassle of going to court if i can help it.

[basfordlad]

No send it back immediately, if you dont it come bk and haunt you!

you have more to loose then gain if you dont

[42man]

If you go to court with a letter that says they have been unable to provide an agreement, the judge will not be happy with them, it shows there is a MAJOR dispute, and judges in general do NOT like the Insolvency service used as a tool for collecting disputed debts....and there is every chance you would get your costs back. If it then gets sold to another DCA who try and take it to court, you will have a judgment that this 'debt' was set aside.....I urge you to get your papers in to set aside....once you do get this set aside, complain to the FOS and the OFT, and your local MP....this is an unlawful action on their part !!!

[sparky001]

Ok guys so do i just go off to court and show them my correspondence with capquest and ask to have it set aside?

[basfordlad]

no u need to make a formal application to set it aside, you will then get a court date

Have you not got the paper work sorted?

[basfordlad]

From my reckoning you have to get it in today. sent to you on 9th , todays 27th , 18 days later...

[sparky001]

I thought it was 18 days from the date you received the sd. i received it on 13th