Capquest issue bankruptcy notification *** WON + COSTS ***

[starling]

I have received a letter today threatening me with bankruptcy.

 

quote "we find ourselves preparing a statutary demand under section 268(1) (a) of the insolvency act 1986 which will be completed on or around the 22nd June 09 which will be served upon you."

 

It then goes on to say I can aply to the court to have it set aside, quoting sections from legal rules etc

 

At the bottom it says I can stop this if I come to an agreement to pay a reduced amount from the origional debt of £1413 to £847

 

The letter also states I could be made bankrupt and my property and goods taken from me. Can they do this if the propert is in my husbands name as well as mine?

 

Please help me understand all this as I am thinking it would be best to settle with them.

 

Thank you for reading this.

[trumpetmaest]

who is the letter from?

 

I am going through this at the moment.

 

Is the debt disputed? If so go for a set aside. BUT hurry you only have 18 days from the date of their letter.

 

How was it delivered?

 

Stick with it and dont let them get away with it.

[stuscfc]

Hi can we have a bit more info on the suposed debt.

[stuscfc]

Went through this with them last year also got them to pay for my kids wii in the end lol.Tryed it on but lost.

[nicklea]

This is just a scare tactic. In all likelihood they won't even bother sending you a SD. If they do you will be able to apply to have it set aside and when (note that I say "when" and not "if") you win you can also claim your expenses from them as well.

 

I would suggest that you wait and see what happens. They're just doing a very good job of trying to scare you.

[trumpetmaest]

post the letter up but remove your details

[spitfire650]

Sounds like a scare tactic - it doesn't take two weeks to a prepare a statutory demand. Its just a form which the creditor fills in and serves.

 

If you are bothered by the threat and can't dispute the claim, one option would be to agree the £847 and then send them £100 which would reduce the debt below the bankruptcy limit of £750.

[starling]

I have attached the document, hope it works.

 

 

Well it worked but you have to have super hero eyesight to read it. What did I do wrong?

Edited June 11, 2009 by starling

[starling]

OK failing to post the document itself I thought I would give you more info.

 

The debt was origionally with capital one. The letter was headed "capquest"

 

I have recieved a cca from them but it was judged to be dodgy by you guys. Unfortunately I can't find it at the moment but I do have it just can't lay my hands on it. After they sent the cca and I fielded calls for a while I then received a letter from a different company saying they had bought the debt but now it seems it has been returned to capquest who have telephoned non stop twice a day for afew weeks and even rang my daughters mobile and asked for me.

[pmhcfc]

I have received a letter today threatening me with bankruptcy.

 

quote "we find ourselves preparing a statutary demand under section 268(1) (a) of the insolvency act 1986 which will be completed on or around the 22nd June 09 which will be served upon you."

 

It then goes on to say I can aply to the court to have it set aside, quoting sections from legal rules etc

 

At the bottom it says I can stop this if I come to an agreement to pay a reduced amount from the origional debt of £1413 to £847

 

The letter also states I could be made bankrupt and my property and goods taken from me. Can they do this if the propert is in my husbands name as well as mine?

 

Please help me understand all this as I am thinking it would be best to settle with them.

 

Thank you for reading this.

 

Make you bankrupt for £1400? Hmm, I don't think so - cost them nearly that much to do it.

 

Sounds like a scare tactic and they are doing a good job.

 

Er BTW, are there any unlawful charges on this account?

[the_shadow]

I have recieved a cca from them but it was judged to be dodgy by you guys. Unfortunately I can't find it at the moment but I do have it just can't lay my hands on it. After they sent the cca and I fielded calls for a while I then received a letter from a different company saying they had bought the debt but now it seems it has been returned to capquest who have telephoned non stop twice a day for afew weeks and even rang my daughters mobile and asked for me.

 

Hmmm thats a no-no according to OFT debt collection guidelines... how did they get her number?

 

As to stat demand threat.......as already advised, it costs them to make you bankrupt and on a debt of 1400 they wouldnt make anything.

 

S.

[PGH7447]

and send crappyquest this to stop the phone calls

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

[42man]

Firstly you MUST report them to the OFT, 1st Credit were given specific orders to comply with by the OFT earlier this year. I'd always recommend setting it aside, but do have a read here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

[starling]

Thanks to everyone who has helped me.

 

Is the general concensus that this is an empty threat and I should ignore it?

[the_shadow]

Thanks to everyone who has helped me.

 

Is the general concensus that this is an empty threat and I should ignore it?

 

As its only a threat it could be either way tbh

 

The company have been warned about issuing SD's instead of the normal route for chasing debts by the OFT but who knows if they are stupid enough to continue....complaints to the OFT will help other people.

 

All I can advise is IF anything like a SD does come through the letterbox get on here straight away and you'll get good advice on how to set it aside and how to claim costs back from the vultures.

 

If you have them it would be worth getting together the Notice of assignment, the default notice, and the cca.. scanning them and posting them up minus personal info.

 

S.

[42man]

You will find a number of other set aside cases in here - DCA Legal Successes - The Consumer Forums

[starling]

So if I were to take the other route that someone sugested of accepting the offer of reduced payments and paying £100 to get the debt below the bankruptcy level, would that not be admitting the debt is mine and give them grounds to persue me further?

[PGH7447]

So if I were to take the other route that someone sugested of accepting the offer of reduced payments and paying £100 to get the debt below the bankruptcy level, would that not be admitting the debt is mine and give them grounds to persue me further?

 

Yes

[starling]

Could someone tell me how to post a scanned letter onto the forum please?

[42man]

Try using www.photobucket.com (free) and there is a tutorial here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[starling]

Just as a matter of interest I have been reading the top post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital.html

 

and the signature on the document in that post is eaxactly the same as the one on my "cca" is that normal or a coincidence or maybe they use a rubber stamp to add a sig when the cca is requested?

[starling]

Of course forgot about photo bucket

 

Ok the top one should be (if I've put them in the right order) the bankrutcy threat I got yesterday and the nexy is the CCA the sent me. I would just like you to confirm that it is unenforcable before I proceed to ignore the threat.

 

 

Sorry had to cut the second one as it had all my details still on it. I will have to wait until my daughter gets home from school to cut them out for me. I am very limited in my computer skills.

Edited June 12, 2009 by starling

[starling]

Ok I sorted it. Is this a load of rubish? Oh and note the sig is the same as the one in the link I posted before, coincidence????

 

[lickthewallfatboy]

nice application form there

 

pity for Capquest it's not a CCA

[the_shadow]

Ok I sorted it. Is this a load of rubish? Oh and note the sig is the same as the one in the link I posted before, coincidence????

 

 

Not a single prescribed term on that application form. Did they send anything that they say was on the back of the page?

 

Unenforceable in my humble opinion. I notice there is a mark on the YES box for PPI, and a tick in the no box, Is that your doing? Did they take money for PPI?

 

S.