Cap quest Forcing bankrupcy !? can i stop it? - Set Aside

[loudebt]

Hi i really hope someone can help me,

 

Cap quest have send me a letter and form stating they are forcing bankrupcy for (4 figure sum) quid. I have read through lots of posts and an a little confused, I'll explian

 

I understand i need to request a CCA and a postal order of £1.00 then contact the court and ask then to set this aside. But this debt was originally from a fire place 0% finance for £400 about 8 years ago so yes i am disputing the charges etc, but I thought that debts over 6 years where dealt with differently?

 

I do owe the money but capquest demanded hundreds off me each time and refused a smaller payment..

 

They also know i am a homeowner !! could i Loose my house?

 

any advise would be welcome

 

thanks

 

Lou

Edited March 12, 2009 by 42man
Amount removed as it could identify the cagger...

[Jaspiro]

Hi loudebt, firstly, you need to apply to set the SD aside within 18 days of it coming into your hands. the appropriate forms to set aside are forms 6.4 and 6.5. I or someone will point you in the right direction for the forms shortly.

 

secondly, you need to start thinking about grounds you wish to use to set aside e.g. you dispute the balance because of unlawful charges applied to the account, if you haven't paid or acknowledged the debt in the last 6 years then it could be statute barred (although you mention that you'd offered lower payments to capquest, this could be deemed as acknowledging the debt).

 

there are several other grounds you can use to set aside... you may have to peruse the site a bit more to get more info. goodluck

[B3rty]

Is this a threat or have they actually issued and served a SD?

[loudebt]

it is a statutory demand , form 6.1says i have 18 days to set aside or 21 days to pay in full...

 

also i have made payments in the past...

 

also what really confuses me is that is says from clysdale/ Barkleys originally but this was a finance agreement made with Northen electrics for a silly fireplace for buy now pay next year in 2002 the fireplace only cost £400 quid... I'm not sure why barkleys are mentioned??

[B3rty]

Have a read through this http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

And I think 42man may be the mod to help

[loudebt]

thanks for this, well this is very good information but slightly worried as it was just posted to me normal post i didn't have to sign for it or anything, but if i ignore this (if i am write in what i have read) then can nothing happen? and they will just try and settle the amount anyway?

 

as you can tell i have no idea on legalities but thankyou very much for your replies..

[loudebt]

also

 

I am just reading through the letter and it says that if i dispute this demand in whole or part i should firstly contact capquest?? if i then dont get a response i should apply to have it set aside to the court ( but there are no details of what court to apply to?? ) is this the CCA form i am requesting?

 

do i just go to my local court and fill out the forms on the grounds the amount is in dispute??

[42man]

Lou....have a read here - (and at the links in here) http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186154-capquest-sd.html

 

I have to ask is there a gap anywhere in the life of the debt where you have not paid anything for at least 6 years ?

[42man]

And have a read here too - DCA Legal Successes - The Consumer Forums

[42man]

I would URGE you srongly to report this to the Office Of Fair Trading.

[loudebt]

i will report this, as i can't believe they are doing this, the last conversation i had with them ended in them demanding 200 at least from me i was on maternity leave at the time and couldn't afford, next i hear from them is this letter..

 

i have my CCA letter ready and my postal order and will send it to them, as soon as i have done this i will do the set aside form, but do i just take to my local court? god this is scarey will i have to go to court??

 

i will also use the post from you with reasons as to why this should be set aside..

 

and i dont think there has been a specific period of 6 years without payments, I have asked on numerous occasions for a statment to be sent which shows the payments i have made etc which i have never had..

[42man]

OK Lou...please do try and relax....

 

You need to submit the set aside forms within 18 days of you receiving the demand....

[42man]

And yes fill out the forms, take them to your local court (but call them first to check they do handle bankruptcies) get the court staff to swear in your documents (including a copy of your CCA request and rec delivery slip) and hand them over to the court staff.....if you're not sure of anything please do shout...

[loudebt]

After looking at the other posts what would i put in the dispute as i guess i have to write it in?

[42man]

This will help you.... - AND this person won thier set aside today too !!!

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178880-marlin-financial-services-issued.html

[loudebt]

i have just sent of my request for the CCA and will sort the set aside out tomorrow as i need to word it right etc, and i can't put they haven't sent me know as i have only just requested it...

 

thanks v much for your help on this 42 man, it seems CQ are issuing these to alot of people and if they actually just accepted payments which people can afford then this would probably have been settled a while back, i also can't see how it is justified to an amount of over 1500 when the fire only cos less than 500.. 7 years ago !

[loudebt]

hi all update

 

I went to the courts who were very very helpful and i requested for the sd to be set aside, i got my date back but then i also got a letter from capquest saying they had wrote to the courts and me saying they wouldn't take the sd any further and they would just issue a CCJ as they still felt the charges should stay they still have not sent me my CCA, should i not attend court and just take the ccj, or attend court for the ccj and fight for this too...??

 

ps. your help was very helpful thanks xxx

[nicklea]

hi all update

 

and they would just issue a CCJ as they still felt the charges should stay they still have not sent me my CCA, should i not attend court and just take the ccj, or attend court for the ccj and fight for this too...??

 

Hi Lou,

 

They cannot just "issue" you a ccj. What they mean is that they will make a claim in the court that you pay this money. You then have a chance to defend yourself (and given what this shower are like that won't be too difficult!). This is an entirely seperate process to the statutory demand and they have to issue a claim in the court - they haven't done this yet.

 

If they do issue a claim, the court will write to you and ask if you admit it or wish to defend it. If you defend it will then go to court in front of a judge. If you win the case (and you probably will) then the judge will tell them to get lost, if they win the case (only likely if you don't defend it) then you will get a CCJ. As i said, they can't just "issue" a CCJ (they wish though)

 

But don't worry, that's a long way down the line at the moment.

 

If you have had a letter from them saying that they withdraw the Statutory Demand then keep that letter safe.

 

Others may have a different view on this but I would write to the court and send a copy of Capquest's letter and tell the court that the creditor has withdrawn it's statutory demand so there is no longer any need to request that it be set aside.

 

By the way, if they do issue a claim against you then come back and ask for help. It's always nice to help people against the likes of Capquest

[loudebt]

thanks for this, as the court lady was so nice i didn't want to just leave it and then be seen as just not attending so i will contact them and see what they say, I will then wait for the CCJ thing to arrive and i will go to court, i've still not seen any statement of account ot CCA i have asked for so i will defo be going to court if they do as it's ridiculous the amount of charges they have added..

 

thanks again for your help not sure what i would have done without this site.. and i'll come back once i get the request for CCJ..

 

thanks again

[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.c o.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/consumer_leaflets/credit/OFT664Rev.pdf

 

[/url]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...1D83BF00 04F6EA