Think Capquest are trying to pull a fast one

[SickofA&L]

Hope somebody can help me with this. Back in the summer last year capquest started hastling my partner for a debt with Barclays Bank. We sent a CCA and got back some blurry photocopies of what we think are bank statements but can't make them out. Along with this came a letter supposedly from Barclays saying Capquest were now in charge of the debt but having a degree in Graphic Design I'm pretty sure it's a fake because it's obviously printed on an Inkjet printer and the Barclays logo is low res.

Towards the end of Capquest letter it said she is in breach of a court order but as far as we know, no order exists.

Today she has been sent a letter which I'll type out below...

Barclays Bank plc v Miss xxxxxxxx

MANSFIELD County court. Claim No.: xxxxxxxx

Balance: xxxx

 

We regret that you have not responded positively to our previous correspondence and that the judgement against you entered on 15 MAR 07 remains unpaid. Enclosed with this letter is a statutory demand under the insolvency act 1986, which you should read and review carefully

 

All relevant information about the debt and as to how to deal and respond is set out in the statutory demand. It is important that you act by the deadlines stipulated. If you need help or clarification we would suggest that you seek the advice of a solicitor or reputable debt advisor.

 

If you fail to respond to the statutory demand we will be entitled to present a petition to the court seeking an order that you be declared bankrupt. Abankruptcy petition is a serious matter. Once it is issued we will not be permitted to withdraw it without the courts permission and any other creditors you have will be entitled to be heard. Significant costs will be incurred which you will be ordered to pay. Before considering this step, we are willing to give you one last opportunity to avoid possible bankruptcy. If you wish to take this opportunity you must contact us on 0870 084 3533

 

We trust that this can be resolved without the need to proceed to the bankruptcy stage

 

This is the exact wording of the letter. My question is, is this a load of bull**** as she has no knowledge of a judgement against her and they didn't supply a proper, signed credit agreement just some blurry photocopies of a couple of statements and what I believe to be a fake letter from Barclays (the dates do not add up)

 

Any help would be appreciated

[cerberusalert]

A check to see whether a judgement exists can be made online; CCJs, court orders & fines - Search yourself and others - Trust Online

[ODC]

Crapquest have sent similar letters out in recent days claiming a judgement has been granted http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205113-capquest-ccj-letter-northern.html

[harrassed senior]

You need to get the Statutory Demand set aside. You have 18 days from the date of receipt.

 

You say this is a debt with Barclays Bank - is this a current account, overdraft, loan or credit card as they are all treated differently.

 

You will get more information if you serve a Subject Access Request on Barclays.

[sillygirl1]

The can only file for bankruptcy if the debt is more than £750... is it more than that (and that should not include 'collection charges', it should be the 'true figure' of the debt.

[SickofA&L]

It's from a bank account that she had with an overdraft. Capquest want over 3 grand but she's adamant that the original debt was nowhere near that. How do you get it set aside?

I've told her to ring Barclays 2moro to find out if Capquest are supposed to be collecting on their behalf or whether they have bought the debt. Also told her to find out if they did get a court ruling

[ODC]

A couple of points dont ring true.

 

1. Why are they issuing a Stat Demand if there is already a CCJ issued on the alleged debt or so they say

 

How was the so called Stat Demand served on you

[SickofA&L]

A couple of points dont ring true.

 

1. Why are they issuing a Stat Demand if there is already a CCJ issued on the alleged debt or so they say

 

How was the so called Stat Demand served on you

 

I don't really understand all this stat demand?bankruptcy petition lark. My missus got the letter yesterday from Capquest which read as I have posted above

 

Any help would be much appreciated

[ODC]

Did your wife ever receive a Stat Demand from these people.

 

Is there a CCJ on the debt

[sillygirl1]

There is a clue here - they cannot make you pay costs to a bankruptcy as they won't get priviledge over other creditors, however do the following

 

1. Check with Registry Trust that the CCJ stated is registered with tem - it should cost £8 to do online.

2. If it doesn't game is over and it is a scare tactic and should be reported to the OFT and Financial Ombudsman Service.

3. If the CCJ is registered then apply to the court to have it set aside on the grounds that a) you didn't get original paperwork, b) the amount includes inflated 'collection charges' - it will cost £75 to do this but will again get them off your back.

4. In the meantime send a CCA request to Capquest asking for all details of any court action taken on their behalf by third parties as well as themselves - this will again put the wind in THEIR sails.

 

If the stat demand was sent second class post (which I suspect is the case then it is invalid anyway.

 

When you are made bankrupt none of your creditors can claim precedence over each other - which Capquest may try, they are really out of order with this.

 

Do the above as soon as possible and they won't know what hit them... nothing is fair in war against the DCAs and their muppet solicitors.

[SickofA&L]

OK, I've just looked at her credit history and found out that a ccj was made against her back in 2007. The problem is that it was made against her at an address she hasnt lived at since 2005. Any ideas where we should turn next?

[sillygirl1]

Follow what I have written above and apply to the court to get the CCJ set asise on the grounds she wasn't living at the addresws at the time it was granted.. If logic follows the Stat Demand should also be for the same address (which of course it won't be). It is a clear cut case of abuse of process.

 

 

Do what I stated above in no 3 and the whole matter will be resolved.