Cap Quest - Stat Demand - Littlewoods

[olddebtscomeback]

Hi,

 

I have received what appears to be a Stat Demand from Cap Quest regarding a debt to Littlewoods Catalogue. The default amount is just under £2000 and the default date is Feb 2004.

 

The demand was sent via First Class Post (not recorded) and under part A no court has been listed. It does say that If I want to have this set aside I must apply within 18 days to do so although as there is no court listed I don't see how I can.

 

Should my next move be to request a CCA or is there something else I need to do first. Is there another way to determine if this is a genuine demand.

 

Many thanks

[the_shadow]

Hi,

 

I have received what appears to be a Stat Demand from Cap Quest regarding a debt to Littlewoods Catalogue. The default amount is just under £2000 and the default date is Feb 2004.

 

The demand was sent via First Class Post (not recorded) and under part A no court has been listed. It does say that If I want to have this set aside I must apply within 18 days to do so although as there is no court listed I don't see how I can.

 

Should my next move be to request a CCA or is there something else I need to do first. Is there another way to determine if this is a genuine demand.

 

Many thanks

 

errrrr Part A should list a contact name and telephone number for the person who is raising the stat demand, if nobody is listed then this is cause for the demand to be set aside easily as it clearly states on page 1 parts A and B must be completed:D.

 

If you want to have it set aside for peace of mind and a little money in your pocket.....You need to find out if your local court deals with insolvency cases and apply to have the stat demand set aside and claim for Costs... search for more threads on stat demands and you'll find people claim for Litigant in person costs.

 

Also please complain to the OFT about this, not only does this firm not deserve a credit licence if they cant even fill in a form properly but the stat demand is not meant as a debt recovery instrument.

 

S.

[olddebtscomeback]

I am going to apply to the court to have the SD set aside, in the meantime I have drafted a CCA letter to send to capquest as my defence will be to dispute the existence,enforcability of the debt. Could someone advise if the wording is suitable or if there is something I should add/delete based on this case.

Also I am stuggling with the wording for the form 6.5, is there a link to some examples for having a SD set aside in these circumstances.

Many thanks

 

Capquest Debt Recovery Limited

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

09th April 2009

Dear Sir/Madam

 

Re:− Account No: XXXXXXXX – Your Ref: XXXXXXXX

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

[olddebtscomeback]

2nd attempt to fix the formatting!!

Capquest Debt Recovery Limited

Fleet 27

Rye Close

Fleet

Hampshire

GU51 2QQ

09th April 2009

Dear Sir/Madam

Re:− Account No: XXXXXXXX – Your Ref: XXXXXX

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully

[Seminole]

That letter looks fine.

 

Did Crappyquest send a covering letter with the SD. Does anything in it suggest that this is a specimen rather than the real thing?

[the_shadow]

You didnt respond to my post... but did Part A contain anything at all?

 

They have to supply the name of a contact and a telephone number, its worth trying to contact that person as if they cant be contacted and you have DOCUMENTED evidence of you dialling and not being put through then thats another reason for the SD to be thrown out.

 

S.

[olddebtscomeback]

Sorry Shadow, According to the form Part A should contain the details for the Court and Part B should contain the person filing the claim (Capquest). They have completed the contact details in Part B but no court is listed in Part A. I will scan the set of paperwork and post them on the site.

 

Many thanks

[the_shadow]

Sorry Shadow, According to the form Part A should contain the details for the Court and Part B should contain the person filing the claim (Capquest). They have completed the contact details in Part B but no court is listed in Part A. I will scan the set of paperwork and post them on the site.

 

Many thanks

 

cool, thats a version of document I've not seen then? Does it still state that Parts A and B must be filled out?

[olddebtscomeback]

Letters Below

Edited April 8, 2009 by olddebtscomeback
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[olddebtscomeback]

Okay that didn't work, will have to try something else.....

[olddebtscomeback]

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Edited April 9, 2009 by olddebtscomeback
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[olddebtscomeback]

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Edited April 9, 2009 by olddebtscomeback
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[olddebtscomeback]

[olddebtscomeback]

[olddebtscomeback]

[olddebtscomeback]

[42man]

Have you had a read through here ODCB.... - DCA Legal Successes - The Consumer Forums

[42man]

If you need any help filling in the forms let me know.....

[42man]

Useful link here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/164223-capquest-stat-demand-bankruptcy.html#post1765321

[42man]

I will also urge you to report them to the OFT too....1st Credit have recently been issued with restraints from the OFT for issuing statutory demands.....it is only a matter of time before Capquest do as well...

[olddebtscomeback]

42 Man, I have completed the set aside forms using the various links I have found, the problem is that asI am only just sending the CCA request I am not sure I have enough of a defence. Could you read over the following and let me know what you think. Many thanks

 

Form 6.5

 

(1) Do not admit the debt because the existence/enforceability of the alleged debt is in dispute:

The respondent alleges that the applicant is indebted to it in the sum £1982.17, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”). It is further alleged that the debt was assigned to the respondent from Citifinancial Europe Plc on 06/11/2008. The applicant will say that the statutory demand should be set-aside upon the following grounds;

a) The applicant does not admit that the debt exists. The respondent is put to strict proof that that the alleged agreement was entered into between Littlewoods Finance CO Ltd and the applicant; and at what place and on what date and upon what terms.

b) In the event that the burden of proof is discharged as set out in paragraph 1) above and entirely without prejudice to the same, the applicant does not admit that the debt is legally enforceable. The applicant has requested a copy of the agreement under which it is alleged the debt to be owed under CCA s.77(4). The request was made on 09 April 2009 and a copy of the request has been attached and is exhibited hereto as 'B'.

c) The respondent is put to strict proof that the alleged debt has been properly assigned.

d) The respondent is put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.88(1). Further or alternatively, the alleged debt contains sums levied by way of penalty charges which the applicant will say are contrary to common law. Accordingly, any default notice which may have been served could not have contained accurate particulars of the outstanding debt and would therefore have been defective and invalid.

e) The applicant has potential grounds of action against the respondent for damages in respect of the applicant’s pain, suffering and loss of amenity caused by the respondents excessive harassment and that of Littlewoods Finance CO Ltd. Accordingly, any proceedings initiated by the respondent may be subject to a counterclaim.

Accordingly, the applicant respectfully requests that the statutory demand be struck out or set-aside. Further, the applicant invites the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

I make this statement with the sworn belief that all facts stated are true.

[olddebtscomeback]

Also should I make the SAR request tomorrow as well?

 

Thanks

[the_shadow]

Err the document clearly states that the issuer MUST COMPLETE THE WHOLE OF PAGES 1,2 PLUS PARTS A and B anc C(if applicable)...

 

As part A is not complete, the document is fit to chuck into a wastepaper basket surely?

 

I have no experience but surely the set aside needs to mention the lack of due process in the claimant filling this in?

 

S.

[olddebtscomeback]

Would this be a suitable paragraph to add regarding the incomplete SD.

 

"Page 2 of the Statuory Demand clearly states that;

"The person making this Demand must complete the whole of pages 1,2 and parts A, B and C (as applicable) on page 3."

As Part A has not been completed the document should be disregarded."

[42man]

Might be worth putting some case law in that too in support.....