Capquest/Egg/HL - Letter Received and help mucho appreciated.

[the_shadow]

Complain to the OFT for duff stat demands being issued.. one is a mistake, but multiple instances of capquest not putting the court details and therefore invalidating the stat demand are on these forums.

 

Stat demand FORM clearly states they **must** fill in pages 1&2 + sections A B C, Section A is the court details.

 

You could also complain as HL state they can issue bankruptcy proceedings when in fact they cant as the stat demand wasnt filled out properly. Therefore this is a breach of the OFT guidelines as they are claiming a legal action that they cannot undertake.

 

S.

Edited June 8, 2009 by the_shadow
added the word "FORM" for clarification

[the_shadow]

Whether or not the SD is correct (for the purposes of this question) should that really be the first communication from them? Seems very heavy handed to me.

 

I would think the court would take a dim view on the first communication being such a heavy handed threat...

 

I would imagine the insolvency courts have a pre-action protocol or practice that is relative to the courts, i.e. a warning first before issuing a stat demand.. normally companies send a letter advising they are preparing stat demand documents and they will serve them on the person in a set timescale.

 

S.

[the_shadow]

Thanks for that, need to dig out the 'SD' again and double check it before I go that route.

 

Is it worth me writing a letter in the meantime stating that they have not fulfilled their obligation to comply with the CCA/DOA request and that it is an offence?

 

Whether or not the SD is correct (for the purposes of this question) should that really be the first communication from them? Seems very heavy handed to me.

 

If they havent complied with the s78 (did they send anything back at all?) then your defense against a bankruptcy petition is

a) Invalid SD issued, no chance to set aside so complete abuse of due process

b) No CCA sent back, no enforcement action is allowed whilst the s78 isnt responded to.

 

Two showstoppers for them as far as I'm concered.. I suspect they know about a) and its a tactic to scare you whilst ensuring that you cant set-aside and get costs from them.. this is why a complaint needs to be made as whilst you have found CAG others might not and be forced to pay these brutes.

 

S.

[the_shadow]

Great stuff. Thanks SO much.

 

So, I'll write a letter informing CQ that they have failed to respond to the CCA request today. When I dig out the paperwork (I'm in the office at the moment) then I can double check and consider whether to follow that with a letter about the SD.

 

It's the OFT I complain to, is it? Is there an accepted protocol for this?

 

Sorry for all the questions!

 

Yep you need to send the account in dispute if not already sent to capquest. I would ignore HL. If the stat demand has nothing in C then its invalid as it doesnt give you the chance to set aside as per your rights under the insolvency act.

 

You could alter the letter to add no agreement to pay has been made and the previous erroneous payment has been reclaimed.

 

The OFT need to receive a letter/email about both HL and Capquest, unfortunately they will only file it against the companies, they dont take on personal complaints but the more complaints they get the better for the next guy or next time so to speak.

 

S.

Edited June 8, 2009 by the_shadow
Added another bit save writing another post :-D

[the_shadow]

Obviously the account was put in dispute when I sent the s78/DOA request back in January. They seem to think they have fulfilled their obligation by providing some T+Cs and statements - no DOA, no CCA - so I need to 'strongly' remind them that they cannot enforce while in dispute.

 

 

Yep will do as much as any other, add in the bit about the incorrect payment reclaimed so no acknowledgment.

 

Just one thing... this debt from Egg, when was the last payment made... if there were 6 clear years when no payment was made AND you have not admitted the debt in writing at all then it could be stat barred.

 

S.

[the_shadow]

There is 6 clear years. Just (6 years, three months). Only problem is that if it is deemed that the reclaimed payment was an acceptance. How would that sit?

 

I clearly stated, as you can see from my initial post, that the payment was made under duress and it has been successfully reclaimed so would SB still be an option?

 

Was it 6 years before that payment was made? If not then I think you have restarted the clock and despite you getting the money back I think it would be difficult to prove you havent acknowledged the account/debt in some way.

 

S.

[the_shadow]

Will do... keep us updated.

 

S.

[the_shadow]

Quick update for you all...

 

Received a letter yesterday from CQ stating that they sent the CCA already, along with T+Cs, DOA and statements. I received the statements and a current set of Egg T+Cs but not the rest.

 

Interestingly enough, however, they state that "Regarding statute barred, we have referred to our client and waiting for their response" (their poor English, not mine).

 

It looks like CQ have actually accepted that the reclaimed payment of £200 is considered as never being made int he first place. If this is the case then I'm 99% sure that they will have to find it as SB.

 

Keep those fingers crossed!

 

fingers and toes mate :-D

 

S.

[the_shadow]

Hi folks,

 

Quick question - it has now been almost 7 weeks since I had the 'on hold for 4 weeks while we investigate the SB' letter and I have heard nothing.

 

Are they likely to write and say whether or not they accept it is SB or just leave me alone? Is it too soon to chalk this up as a win?

 

Thanks!

 

I'd be surprised if they waste a stamp if they cant claim on it

 

S.

[the_shadow]

That's what I'm hoping but I hate the not knowing.

 

If they do accept it is SB what happens then? Nothing? Do they fly it back to Egg who then go 'WTF are we supposed to do with this?'?

 

Sorry for all the questions - just wondering if I can finally say they have buggered off.

 

If its stat barred, then the debt exists but they cant enforce it through the courts.

 

S.