capquest stat demand for old SkyCard Debt? *** WON + COSTS ***

[lickthewallfatboy]

This is spooky!

 

 

 

"as a gesture of goodwill I am prepared to refund £XX.XX, which represents the difference between £12.00 and £25.00, in relation to the charges in question. I hope you will agree this is a fair and reasonable offer. If you would like to accept this offer, I would request confirmation in writing and upon receipt I will arrange for the appropriate credit to be applied to this account. Should you no longer be prepared to acept and wish to be subject to the account terms and conditions and close your account please advise me. Please note you would be liable for the outstanding balance on your account."

 

Question. If capquest now own this debt how can the CC give me a credit on my account? Also how can I close the account if the account/debt has been sold?

 

 

 

Is this useful:confused:

 

 

not that old chestnut again.....if a charge is unlawful it is unlawful in its entirety-so nice try but no prizes there

 

the OC would have to refund the charges as they levied them in the first place

[trumpetmaest]

What confuses me is that the letter seems to imply that they still own/ are operating the account.

[lickthewallfatboy]

it could be the case.....Crapquest may just be trying to collect for them

[trumpetmaest]

I have letter stating cc company 2....have sold your account to Capquest Investments Ltd. This means that the effective owners of the above account are now Capquest Investments Ltd"

 

It then goes on to tell me capquest debt recovery will collect.

[trumpetmaest]

What should my next letter to the original cc be? Should I use the LBA template?

 

Will this affect the stat demand? This is one of my disputes.

 

Throughout Capquests many letters they have altered the alleged amount up and down.

Edited May 15, 2009 by trumpetmaest

[trumpetmaest]

Update.

 

I have just had a letter from the court.

 

IT IS ORDERED THAT the application to set aside a statutory demand be listed for a hearing before a district judge at xxx county court on 9th July.

 

 

Can someone on please tell me what I now need to do?

 

Do I write to C Quest?

[trumpetmaest]

bump

[ODC]

You need do nothing. The court will inform Crapquest who wont even bother to turn up. Make sure you sting them for your costs

[trumpetmaest]

Do I just take all their threat letters with me for the judge?

 

They have promised a charging order, bailiffs taking my goods and now bankruptcy.

 

All since my account in dispute letter was sent.

 

How do I go about asking for costs? Is their a court form I complete/submit?

 

Sorry to sound stupid but I have never done this type of thing before. It all seems so daunting.

[ODC]

What reason did you use to apply for the set aside

[trumpetmaest]

I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT Debt Collection Guidelines.

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues. My request under s78 of the Consumer Credit Act 1974 was sent to Capquest, the debt collection agency who claims to be dealing with the alleged agreement and have raised the statutory demand. This request was received and signed for on the 2nd November 2007.

 

Further, I believe that the amount of £8445.63 referred to in the statutory demand includes a substantial sum of unlawful penalty charges that I am also disputing.

[postggj]

how was the stat demand served

 

1st

2nd class post

recorded etc

 

uk mail

 

tnt

[trumpetmaest]

It was sent by UK mail 1st class. However it took 7 days to get to me from the date of their letter!!

I have kept the envelope

[42man]

I think you should add in more into this....e.g. excessive charges, non production of statements, default notice etc...

[ODC]

Bring along a copy of your CCA request along with the proof they received it. In all probability Crapquest will not even bother to appear and you will be in and out in five minutes

[trumpetmaest]

i have copies of my cca request and also all their letters with my replies stating acc in dispute.

 

Do I need a form to claim my costs. I am self employed on contract and I have had to take a half day off to apply for the action and now another half day to attend court again. /i also have had to visit 2 courts because c quest put the wrong one down!

[trumpetmaest]

I have just got in from work and opened an envelope delivered by TNT mail.

">

 

Points.

I have applied for set aside and have a date for the hearing.

I have not paid capquest anything because I am disputing the enforcability and amounts.

 

Should I write to them? Can I/should I use this letter in my set aside hearing with the judge.

It is again, another attempt to pressure me.

 

Thoughts/advice apreciated.

Edited June 8, 2009 by trumpetmaest
removed personal data

[postggj]

Hl Legal No The Score

 

Its Just A Threaogram From Crappyquest Paramillitary Wing

 

By All Means Show It To The Judge

 

Prob Award You Extra Costs

 

When Will They Ever Learn

[trumpetmaest]

Thanks.

 

Should I write back to Capquest or wait until the hearing?

 

what is the procedure for requesting costs?

[ODC]

I would advise you to remove the barcode from the posting as they can identify you from it

[postggj]

odc

 

not going off topic

 

whats this hl legal in association with sampson and co

 

have they moved out of the one room office

is hl legal now legit

[trumpetmaest]

done thanks

[ODC]

HL Legal are a Solicitor for rent. You pay them a fee and this gives you access to their database of scary letters. All a DCA has to do is fill in the blanks.

 

A decent solicitor would check that a Statutory Demand had been legally served before issuing dire warnings about Bankruptcy,

 

In order to proceed with a Bankruptcy Petition the Courts would need to be satisfied that the SD had been properly served ie in person or by registered post. Service by first class mail is only acceptable if they can prove that they at least attempted personal service

[trumpetmaest]

In order to proceed with a Bankruptcy Petition the Courts would need to be satisfied that the SD had been properly served ie in person or by registered post. Service by first class mail is only acceptable if they can prove that they at least attempted personal service

 

 

IMHO capquest have never provided anything other than threats and threatograms.

 

They have never responded to my letters and have tried to pressure me all the way.

[trumpetmaest]

Can someone please tell me if i should contact c quest or wait until after set aside.