What Should I do Now?

[RoyalIrish]

Firstly!

 

Brilliant forum!

 

What you guys do for people is outstanding!

 

I have been lurking here and taking some advice from you all recently!

 

I have a LOT of debts from when I got made redundant in 2003 from a £40,000 a year job.

 

Most of them I admit I have dodged because there is no way I could pay!

 

I lived in Scotland and now I am in N. Ireland, (Debts accrued in Scotland).

 

Right!

 

A few of them have caught up with me, CapQuest and Cabot (2 of the nicer ones!).

 

CapQuest were phoning me non stop for the last 6 weeks but I wouldn't confirm my name and address for them and it really annoyed them.

 

I got a letter from them saying that they were Bankrupting me, 18 days blah blah etc.

 

Anyhow, I sent them letter "N" and another one I found here and it has been 4 weeks since I got a letter saying they were putting my account on hold for 28 days while they get my CCA.

 

Then, I got a letter last week asking for me to confirm my address in Scotland to help them locate my CCA, should I ignore them?

 

What should I do now?

 

Do I have to tell them my previous address to help them?

 

They obviously cannot find a CCA, what letter do I send?

 

It has been nearly a month since I sent a letter to them recorded asking for a CCA with a £1 postal order!

 

Any advice is thankfully recieved!

 

Gary

[ScabHunter]

Whoa, just one item of concern here – you mention a letter from Capquest saying they were going to bankrupt you, then you mention 18 days.

 

That sounds suspiciously like a statutory demand, as most threat letters will use seven day “deadlines”. I've never seen a standard threat which used 18 days before. Maybe it was just a letter threatening a statutory demand, and mentioning 18 days as the set aside time? Anyway, it is important to make sure exactly what that letter is, because if it was a statutory demand and you have ignored it, there may be consequences.

 

Other than that, no you don't need to give them any old address to have them comply with the CCA request. If they are in default, as they clearly are, ignore them and don't pay them. When they come threatening you and demanding money, you can send them the account in dispute letter.

 

SH

[RoyalIrish]

I do not think it was an "official" Statutory Demand as there was no court mentioned and the document just didn't look official.

 

It was sent 2nd class post as well, which made me think it was a trick rather than an official letter.

 

I will check, I am now concerned!

 

Where can I find a template for an "Account In Dispute" letter?

 

Thanks!

 

Gary

[ScabHunter]

Account in Dispute letter -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

xxxxxxxxxxxxx(type, don't sign)

 

 

Don't worry too much about the Statutory Demand possibility - it may just be a letter threatening the issue of a statutory demand. I was only concerned because of the mention of 18 days and bankruptcy, and also because Capquest are one of the worst at issuing frivolous statutory demands.

 

If it didn't look like one, it probably wasn't. You just need to be sure. The second class post is no proof - Capquest and their pals at Worst Crudit often send SDs through the post.

 

SH

[RoyalIrish]

Right!

 

I have just checked it and by all accounts it "is" a Statutory Demand.

 

See scans!

 

Bugger, I thought it was a trick letter because it looked so pathetic, 3 pages and all photocopies.

 

What do I do now?

 

Does the letter "N" I sent them not stop them in their tracks because they have put my account on hold for 28 days?

 

Thanks!

 

Gary

 

P.S. They can bankrupt me if they want, I have nothing of value at all!

 

Heres the scans!

 

 

 

 

Edited January 16, 2009 by RoyalIrish

[RoyalIrish]

According to this:-

 

 

I am ok!

 

I sent the letter "N" after I recieved this!

 

It says clearly (see HIGHLIGHTED text).

 

Any thoughts on this?

 

Gary

[Goldlady]

I can't believe they have issued a stat demand for under £800. The limit for bankrupting someone is £750 and I am sure once you remove all the charges the debt is way less than that.

 

Not sure of the dates involved here but you have 18 days from the deemed date of service to apply to have it set aside. The fact that the debt is in dispute should be enough.

[ScarletPimpernel]

Note that in NI you need to see a solicitor to swear the affidavit that you take to the Court. It's a straightforward procedure. Make sure you get a receipt from the solicitor.

 

If you dispute the amount of the alleged debt, that will be enough for the Court to set it aside. You will need to give the reason for the dispute, e.g. Crapquest have failed to respond to a request made pursuant to s.78(1) of the CCA 1974, and s.78(6) applies. Further, the amount claimed is inaccurate because it contains unlawful charges, without which the alleged debt is beneath the limit for bankruptcy. Make sure you make clear that Crapquest are already aware of the dispute.

 

When the set-aside is granted, ask for your costs. Make a note of them before you go in to the Judge's chambers.

 

Faugh A Ballagh!

[RoyalIrish]

So, are you saying that I should go and get it set aside asap?

 

Will I also send the "Account In Dispute" letter?

 

I am confused and need someone to advise me what to do!

 

Thanks!

 

Gary

 

Faugh A Ballagh!

 

G/E/A Coy.

3 Royal Irish

Edited January 15, 2009 by RoyalIrish

[Goldlady]

Well, as you have disputed the debt with the CCA letter then hopefully you will be OK. I suspect the SD is a scare tactic but it would be a safeguard to go and get a set aside just in case they do decide to go for BR. It doesn't cost anything (maybe a fiver to get an affidavit). I am trying to sort one out for a friend which has to be in tomorrow and I have never done one before:confused:.

[ScarletPimpernel]

I've asked a couple of other experienced NI CAGgers to look in on the thread.

 

The priority is to get the SD set aside. You can download the forms from the NI Court Service website - Noomill will hopefully be along with a link soon. It's a straightforward process.

[ODC]

Hi

Welcome to CAG

 

Capquest seemed to have done a mass Norn Iron mailshot of these SDs. You only had 18 days to apply to have it Set Aside. I would be 99% certain it was sent to you as a scare tactic in order to get you to phone their threat centre. N.I. Law is quite clear on how the SD should be served. They should have at least attempted Personal service and will in the event of trying for Bankruptcy to prove they attempted this. However in view of the amount of the alleged debt its highly unlikely that they will go down this road as it would cost them too much. Besides which if there are any illegal charges on this debt it would probably bring it below the Bankruptcy threshold of £ 750.

 

As regards their request for information you are not obliged to tell them anything. They are the people who say you are the debtor. If this is the case then they should have all their facts together before playing silly buggers. What proof have they that you actually received a Stat Demand anyway,

[ODC]

I've asked a couple of other experienced NI CAGgers to look in on the thread.

 

The priority is to get the SD set aside. You can download the forms from the NI Court Service website - Noomill will hopefully be along with a link soon. It's a straightforward process.

here are the forms

 

http://www.detini.gov.uk/cgi-bin/downutildoc?id=1821

 

http://www.detini.gov.uk/cgi-bin/downutildoc?id=1822

[ScarletPimpernel]

Cheers ODC! I couldn't find the link...

[RoyalIrish]

Thank you very much!

 

I am deeply grateful to you all!

 

I will, of course, keep this post updated!

 

Thanks again!

 

Gary

[RoyalIrish]

OK Guys!

 

Just an update on this one!

 

NO Court, NO Statutory Demand!

 

It was all a bluff!

 

Capquest still have not sent me a copy of the CCA.

 

All they do is keep sending me letters asking for confirmation of previous address.

 

I, in return, send them a "times up" letter and guess what?

 

They send me another letter asking for confirmation of previous address, round and round it goes!

 

I have told them now to "get stuffed" and I want no further communication from them!

 

They "obviously" DO NOT have the CCA and are stalling!

 

Gary

[ODC]

Time to make a formal complaint to these Cretins, the Office of Fair Trading, Trading Standards and your local MP. Thesy seem to have issued a number of threats to people in Norn Iron of late but when asked for proof have singularly failed to do so. Of course this is the company who up to a few months ago thought that Northern Ireland was subject to Scottish Law.

 

You are under no Legal obligation to give them any details of previous addresses. They are happy to send their threats to you so must be sure of your identity. If they are not sure then they are in breach of the Data Protection regulations.

[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.co.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...1D83BF0004F6EA

 

I will be sending this post to every Cagger I have on my list so you may receive it again.