barclays/capquest

[blencathra]

I have been handling a problem with Capquest for almost three years now

I sent for the CCA in March 2006 and Barclay's sent me back an APPLICATION FORM, which didn't contain any of the information that it needs to have before it is a Credit Agreement. I have been writing to them for ages they never answer any of my questions and i get letters back from different departments from different titled workers but all carry the same signature. this person even signed a letter from Barclay's.

I question the validity of these letters

 

They just keep sending demanding letters and ignore the questions about the Consumer Credit Act, perhaps it dont apply to them.

 

Today 6th April i was sent a letter from JOHANNA O'KEEFFE HEAD OF LITIGATION and yes the same signature as all the rest.. this letter is about

 

A STATUTORY DEMAND UNDER SECTION 268(!) (A) of the INSOLVENCY ACT 1986 DEBT OF LIQUIDATION SUM PAYABLE IMMEDIATELY

 

THEY ARE DEMANDING THIS PERSON GOES BANKRUPT . they even say that they can produce any paperwork that may be required,. If thats the case why have they refused to send the cca after almost three years. They also say that because he agreed and made arrangements to settle the alleged debt it may seem by the courts as an acknowledgment of the debt. I think not. It may also seem that he was bullied and cohersed over the phone to make agreements on an alleged debt that was not legal in the first place they also say they will be able to play telephone recordings of the client I feel they need to prove the ownership of the alleged debt before they make anybody bankrupt and up to now they have failed. I have written to them today with a lengthy letter stating all the facts and a section 10 data protection notice.

 

just another point the Application form is almost unreadable due to the printing being so bad and Barclay's put this attached to a thank you slip

with the words written on it Here is your application form for MR X XXXXXX so THEY HAVE SAID ITS AN APPLICATION FORM. Maybe they wanted to stitch up Capquest. Any extra urgent info would be a help please Regards Blencathra

[slick132]

Hi BlenC,

 

Can you confirm what type of a/c this is please.

 

I assume this is nothing to do with your BC thread.

[noomill060]

This is a statuory demand and you cannot ignore it.

 

You must apply to have it set aside and you have 21 days to make the application.

 

The court must set it aside if you can show the debt is disputed.

 

As they are in default of your CCA request, this can be done as many other Caggers have done before.

 

You can download the forms form the court service website and you will get help as to the wording you will use.

 

I'll look in tomorrow. You must not ignore it but diont lose any sleep over it, its straight forward to sort.

[slick132]

Hi Blen,

 

Have they actually sent you a Stat'y Demand or was their letter threatening it.

 

Either way, read here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

and here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html