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Capquest statutory demand -urgent.Please help!


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Firstly you must report this to the OFT, 1st Credit and Connaught have had restrictions imposed on them by the OFT for doing this and it will only be a matter of time before Capquest fall foul of this..... What is even worse is that you received it outside the 18 days (did you keep the envelope ?).....and it is unserved....I know if it was me I would go to court stand in front of a judge and show him just how flipping angry I would be at this type of approach in general the judiciary do not like the Insolvency service used as a tool for debt collection.....

 

I would initially send of for a copy of your agreement....

 

Is there a chance this debt may be statute barred ? (i.e. you haven't made a payment towards this debt in 6 years (5 in Scotland)

 

If you want to get it set aside, then you normally have to pay something like £30 (when you file outside the 18 days) to file a set-aside and affadavit in answer to a stat demand.....

 

Let's face it, they haven't served the demand properly, and they NEVER turn up in court and 99% of the time a judge sets aside.......

 

You will find a lot of Capquest demand threads here - DCA Legal Successes - The Consumer Forums

 

If you want some help in setting aside please shout, you basically need to dispute the debt substantially, which could be possibly through a combination of penalty charges, non production of a correct default notice, non production of an agreement (or it not having the prescribed terms) non production of a notice of assignment.....

 

If everybody who Capquest sent a demand to defended and won their costs, Capquest would soon be out of business......what they are hoping and praying you do is that you cave in and pay up !!! they really hope you don't defend !!!!

Edited by 42man
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I cannot dispute the debt but because of all my other commitments, I could not pay for the last 2 months.

 

Would a CCa help in this case to stay the action. Also what is the process for making someone bancrupt-I presume there will be a hearing by the court- if this amount is settled or brought down to below the 750 level- can they still continue with bancruptsy.

 

Also is this published publicly somewhere?

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WELL.

 

GET CCA OFF THE CAPQUEST

 

SAR ORIGINAL CREDITOR.

 

IF IT WAS WAS ME I WOULD I FOLLOW 42MAN ADVISE.

 

Amount of debt disputed in terms of right to enforce.

In just about all regulated consumer credit agreements and debt, situations which will give rise to the possibility of a SD where there is default will involve the creditor or original creditor in having [a] served a default notice (DN), terminated the agreement and [c] demanded payment. The requirement to serve a valid DN, owing to section 87(1) of The Consumer Credit Act 1974 (CCA 74), is a pre-requisite of the power to terminate and claim payment. Check the DN to ensure it complies with the requirements of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. If the DN does not comply, the power to terminate and make demand for payment will also dis-apply.

A second situation would exist where during the currency of the agreement the creditor failed to comply with a request delivered to him pursuant to sections 77-79 of CCA 74. The Act restrains a creditor from enforcing the agreement for so long as he shall neglect to comply with the request (more on which below under ‘Gathering the evidence’)

 

SO IF THEY DO NOT RETURN YOU AGREEMENT IN 12 DAYS ACCOUNT IN DEFAULT,

 

IN REGARDS TO BANKRUPTCY PLEASE RELAX THEY DO NOT WANT YOU TO GO TO COURT

 

HOWEVER I WOULD TAKE THEM THERE 1ST

 

 

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Avanna,

 

If you can get the debt below £750 then they can't make you bankrupt. Your insolvency would be listed in your local newspaper, if it ever got that far.

 

If they were truly serious in following this through they would have at least named the court, or better still secured a CCJ first.

 

I can only speak for what I would do and that would be to ignore it and keep a file of all their letters for future reference. I can't see the point in setting aside something that hasn't been served and should be rejected by the courts if it were to be presented before them. It has no court name on it which is the biggest indicator that they aren't going to follow this up.

 

If you own your home then you should take it seriously as, although they are sending out rubbish now they could seek a CCJ followed by a charging order or send out an amended SD. For them to follow up the SD it's going to cost them at least £1000 and they are paving the way for other more senior creditors when they may not get anything back.

 

Send a CCA but don't acknowledge the debt or the SD in your letter. Don't sign it in your usual way, just print your name and don't give them the reference number/account number on their letter or SD. Just put your name and C/O in front of your address or the address you want it sent to. Don't send a cheque, use a postal order.

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Send off the CCA request and you MUST report them to the OFT....did you keep the envelope the demand was sent in ? The fact that it wasn't served properly and the dates they issued/posted means they aren't serious. ......I can't make your mind up whether or not to set aside, that has to be your decision.....but I will help if you do want to set it aside....send off that CCA request as well as the SAR....SAR to the original creditor, CCA to Capquest....

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  • 1 month later...

Hi All!

 

After sending the CCa and SAR to Capquest, I have received a letter from them dated 25 June that the account is on hold for 28 days. I have not received anything from them or the original creditor.

 

I have received a letter today from Moorcroft dated 16/7/09. A letter of intended litigation before legal proceedings in the County Court. They are asking for the full amount i.e. £4700.

 

Is Moorcroft a different debt collection agency or part of capquest?

Any ideas how to proceed?

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Hi Lily White

 

All I received is the letter from capquest saying the account is on hold and next the letter from Moorcroft - no other notification. The moorcroft letter states thet they are acting on behalf of the bank( original creditor).

I will try to scan the letters in.

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Well It Seems That Capquest Issue A Sd When They Where Acting On Behalf. Not A Good Move.

 

As Moor Croft Are Acting On Behalf Of Oc It Has Been Passed To Them.

 

Ok Have Cca Oc, And Have Sar Them

 

If So Send Moorcroft The Bemused Letter.

 

Deal Only With Oc From Now On.

 

 

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EDIT TO SUIT

 

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print name do not sign

 

 

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Hi

 

Thank you so much for all your help on this site- not only to me but so many others. Debt problems is psychological torture and trying to balance normal day activity and all the pressures is difficult but made bearable by this site!

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