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Stat Demands And Capquest - Request For Advice Again


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Grateful for a bit of advice if poss. In June 08, Capquest posted me a Stat Demand in respect of an old credit card debt. The residual debt, which I am paying off with them, is now around £1800. Recently, I completely forgot to send a payment in and received a computer generated letter from the revolting H H Legal (albeit from the Capquest address), pointing out that Capquest had served a Stat Demand on me in June last year and that given that I had acknowledged said Stat Demand (I didn't, but never mind that) they were considering taking me for bankruptcy. H H Legal had also got a much higher monthly instalment figure as well, but I wrote and complained that they were trying to extort money etc and the lower figure was resumed.

I then wrote to them with a payment, apologised for the delay (through gritted teeth) and the debt continues to reduce. However, I have 2 questions for you learned ones:

 

1. I thought a Stat Demand expired after 4 months and would need to be renewed after that? Right or wrong??

 

2. How mugh does it cost to take someone through the process of making them bankrupt (I know issue of a SD is no cost)? I thought it was a fairly costly exercise and well in excess of the £1800 that I actually owe?

 

Many thanks,

 

Norfolkboy

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Grateful for a bit of advice if poss. In June 08, Capquest posted me a Stat Demand in respect of an old credit card debt. The residual debt, which I am paying off with them, is now around £1800. Recently, I completely forgot to send a payment in and received a computer generated letter from the revolting H H Legal (albeit from the Capquest address), pointing out that Capquest had served a Stat Demand on me in June last year and that given that I had acknowledged said Stat Demand (I didn't, but never mind that) they were considering taking me for bankruptcy. H H Legal had also got a much higher monthly instalment figure as well, but I wrote and complained that they were trying to extort money etc and the lower figure was resumed.

I then wrote to them with a payment, apologised for the delay (through gritted teeth) and the debt continues to reduce. However, I have 2 questions for you learned ones:

 

1. I thought a Stat Demand expired after 4 months and would need to be renewed after that? Right or wrong??

 

2. How mugh does it cost to take someone through the process of making them bankrupt (I know issue of a SD is no cost)? I thought it was a fairly costly exercise and well in excess of the £1800 that I actually owe?

 

Many thanks,

 

Norfolkboy

user_online.gifreputation.gif report.gif

 

 

Hi, I have had a quick root around and I have come across this:

 

10. Does a statutory demand expire?

There is no expiry period for a statutory demand. However, under the Limitation Act 1980, a debt must not be more than 6 years old or based on a default judgement more than 6 years old.

 

 

This is from www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf so I think unfortunately, there is no time limit on it! :(

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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