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Help with Me Vs Capquest


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PGH- i have written a quick letter to capquest stating in dispute, SAR sent to Egg, unlawful to persue when in dispute and that i shall write to them when Egg respond to me. Is that all it needs?

 

to x

 

Thats fine

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  • 10 months later...

hello again all!

 

i have now recieved a stat demand from crapquest for this debt which is now WAY over the 6 years. last paymnt march 04 and no ackowledgement or payment made.

 

it states the court is Leicester which is a bit of pain in a backside as im no where near leicester?

 

what do i now need to do to get them to naff off once and for all?

 

i dont own my own house and my car is in my name however its on finance in my mums name not mine.

 

its really to be honest a bit inconvenient for me to have to keep dealing with this bunch of morons now. Its statute barred for crying out loud, and the original agreement was unenforcable anyway, which they know as a couple of months ago they sent me a full and final offer which was about 10% of the debt.

 

any help is much appreciated

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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the only issue is that i work full time, i just dont have time to get to a bloody court and im a manager so i cant just swan off on a long lunch.

 

im beginning to get racked off with them tbh, isnt it against the law to persue any debt that is statute barred?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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isnt it against the law to persue any debt that is statute barred?

 

Hi,

 

Quote from the OFT..............a DCA should not...........

 

* pursue a debt where it has been notified in writing that there is reasonable cause to believe that the debt is in dispute, and

 

* pursue a debt where it has been notified in writing that the debt is statute barred.

 

Regards.

 

Scott.

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With regards to the correct county court, not all county courts handle bankruptcies / insolvencies but check here if need be - Her Majesty's Courts Service - Court Information and Addresses If Leicester isn't the closest to you that handle bankruptcies, then this is a potential abuse of process, If it was me in your position, I would firstly email the OFT and tell them about them presenting a frivolous stat demand which is titled under a court that isn't your closest..then I would set about getting it set aside and going to the court...showing the judge just how angry you are at them issuing a frivolous stat demand in an attempt to make you pay up against a statute barred debt..show the judge the warning sent last year to another company who did this - OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading Then get the judge to dissmiss this and claim back your costs...some great threads here to help you - DCA Legal Successes - The Consumer Forums If you want some help please do shout...

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  • 2 weeks later...

right then im going to go to court on wednesday morning, and send a statute barred letter to crapquest tomorrow, can someone help me with these forms and explain what im gonna have to do?

If i have helped you please click the scales :)

I am here on my own quest for help, although i work for T-Mobile and will gladly assist where i can i am not here as a company representative.

I am not legally qualified, if in doubt seek professional assistance :)

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They should have put your nearest court on the demand....if they haven't then it is a potential abuse of the process, however your nearest court may not handle insolvencies / bankruptcies but you can check here - Her Majesty's Courts Service - Court Information and Addresses As for the defence then have a look at this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html

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