please help!!!!!!!!!!!!!!!!

[fedupofthisdebt]

Hi guys,my story started when i was a student 2002,i was offered a loan of £ 4000 by barclays,within two months they offerd me another £2000,i was a student that time,part time working,but they mangegd to convince me to get them unaffordable loans.anyway i started paying fine struggled for a bout a yaer and a half,no probs,but when they sent me a letter asking me to pay my interest as it was going high,make it short,apparently the stupid girl who set up the loan did not combine the two small loans together and i was having two loans separate interest... the amount of interest was £2000,bank manager offerd me to pay it as £50(plus the original debt monthly amount of 160) a month,that is another bill,paid for a couple of months then i couldn't anymore as they messed me up...financilly socially...etcc..stopped my account,stopped my payment....moved my addresss,kept chasing me with letters etc...court stuff,never been to court in my life to this day....one day court sent my place of work a form saying how much i earn,my bills etc,,,anyway i filled it...showed that i have no money to spare,never had an answer since then,recently i received this letter (white plain letter,franked),just let me know guys what shall i do as they are asking me to go bankrupt as they asked before...these people are driving mad.thanks

Edited June 22, 2009 by fedupofthisdebt

[PGH7447]

Attachmenst are too small

 

But I can read the DCA name crappyquest so I would not get too worked up yet, if you can re-attach the files so we can have a read i am sure we can help

[mr.ton]

The attatchment is too small to read sorry...but i can well imagine what type of garbage it contains anyway.

Simple fact is Capquest have no legal powers over you whatsoever, only a court does...so tell them to get lost & report them to the OFT/trading standards.

Just to clarify something here...has the matter already been sorted out via the court system? im under the impression from reading your post that it has - if so, what did the court decide upon exactly?

[fedupofthisdebt]

hope attachemnts are ok now.thanks

[the_shadow]

Hi fedupofthisdebt,

 

Are you currently paying nominal amounts on this CCJ at all? The problem you have is you need to set-aside this Stat demand or they will POSSIBLY make you bankrupt...

 

How did you receive the documents, was it in the post or personally served?

 

Not sure what everyone else feels but I believe this is a clear case of misuse of court process. They are looking to use the Insolvency court to enforce a County court judgment that they have obtained.

 

They should in my opinion be going back to the courts to enforce the CCJ not relying on a Stat Demand.

 

S.

[mr.ton]

If it went to court..then you need to find out what court was dealing with it & contact them specifically.

There is a chance that the "court document" you received may not have been 1 at all...its not unknown for the DCA rogues to send these things out pretending that they are from a court.

Thats why you need to find out officially if it has been dealt with by a court or not?

If it hasnt, then Capquest can simply be reported to the authorities etc..

[the_shadow]

If it went to court..then you need to find out what court was dealing with it & contact them specifically.

There is a chance that the "court document" you received may not have been 1 at all...its not unknown for the DCA rogues to send these things out pretending that they are from a court.

Thats why you need to find out officially if it has been dealt with by a court or not?

If it hasnt, then Capquest can simply be reported to the authorities etc..

 

Mr Ton this is a stat demand, the court has no knowledge of it until after the 21 days are up whereby the claimant can petition for the defendants bankruptcy.

 

S.

[spamheed]

Okay so they have hit you with a Statutory Demand, this is a little confusing, if this debt has already been through the courts why are they bothering with an SD? why not simply set the bailiffs onto you?

 

Declaring you bankrupt is simply not going to happen, if they do take you through BR it costs them money and after you are declared BR they would get how much exactly? based on any assets you may have? probably nothing.

 

If they are using the SD as a scare tactic then you should defend it and go for costs - you might as well earn from their stupidity

 

I think you need to clarify a couple of points just so that any advice offered is correct and appropriate:

 

1. Has this debt ever been subject to enforcement through the courts? ie CCJ, attachment of earnings or similar

 

2. Is there any aspect of this debt which you dispute? the amount owed etc?

 

Have you requested a copy of any court order or CCA?

[fedupofthisdebt]

Hi fedupofthisdebt,

 

Are you currently paying nominal amounts on this CCJ at all? The problem you have is you need to set-aside this Stat demand or they will POSSIBLY make you bankrupt...

 

How did you receive the documents, was it in the post or personally served?

 

Not sure what everyone else feels but I believe this is a clear case of misuse of court process. They are looking to use the Insolvency court to enforce a County court judgment that they have obtained.

 

They should in my opinion be going back to the courts to enforce the CCJ not relying on a Stat Demand.

 

S.

hi there,i'm not paying anything,never had anything from court or attended any(only once i had this letter at work,attachemnt of earnings,filled it showed i don't earm nuch and posted it,never had any answer after that)

[mr.ton]

Mr Ton this is a stat demand, the court has no knowledge of it until after the 21 days are up whereby the claimant can petition for the defendants bankruptcy.

 

S.

 

Yes but the OP has stated that their work place received a court document asking for financial details & then heard nothing afterwards.

The OP needs to find out if that actually was from a court or not in the 1st place

An SD is usually just used as scare tactic anyway - yes get it set aside etc...but these things are just issued out like sweets anyway & very rarely result in the DCA actually going the full way so to speak.

[the_shadow]

fedup

 

The following thread needs reading ->> stat demands and postage

 

If you wish to "set-aside" this demand which basically means getting it nullified before crapquest can get anything started then you will need to dispute the debt within 18 days.

 

I feel they have abused the process by

 

a) Not putting your local court on the form, the insolvency court they have mentioned is the high court in london.

B) Attempt to use the Insolvency court to push through an already given judgement in the county court

 

S.

[fedupofthisdebt]

Okay so they have hit you with a Statutory Demand, this is a little confusing, if this debt has already been through the courts why are they bothering with an SD? why not simply set the bailiffs onto you?

 

Declaring you bankrupt is simply not going to happen, if they do take you through BR it costs them money and after you are declared BR they would get how much exactly? based on any assets you may have? probably nothing.

 

If they are using the SD as a scare tactic then you should defend it and go for costs - you might as well earn from their stupidity

 

I think you need to clarify a couple of points just so that any advice offered is correct and appropriate:

 

1. Has this debt ever been subject to enforcement through the courts? ie CCJ, attachment of earnings or similar

 

2. Is there any aspect of this debt which you dispute? the amount owed etc?

 

Have you requested a copy of any court order or CCA?

hi there,i received a letter once at work,attachment of earning,fillet it posted it to court,then that's it never heard again.never attended court or anything like that,what i wanted to dispute with them is the mistake the bank made by not combining the two small loans together,when they incurred the extra payment i should make then i struggled and as a result stopped paying,so basically they are to blame...hope i'm right in this.

[the_shadow]

Yes but the OP has stated that their work place received a court document asking for financial details etc....& then heard nothing afterwards.

The OP needs to find out if that actually was from a court or not in the 1st place

An SD is usually just used as scare tactic anyway - yes get it set aside etc...but these things are just issued out like sweets anyway & very rarely result in the DCA actually going the full way so to speak.

 

IF you had read the stat demand you would see that the courts have already given a judgement, the OP neglected to defend and they got judgement in default. The application from court for the details of the OP's wages etc was an order for information which the claimant would have asked for.

 

S.

[mr.ton]

IF you had read the stat demand you would see that the courts have already given a judgement, the OP neglected to defend and they got judgement in default. The application from court for the details of the OP's wages etc was an order for information which the claimant would have asked for.

 

S.

 

Yet again .....it has not been proven officially that the document sent to the OP's workplace was from an actual court, thats why they need to find that out once & for all.

[fedupofthisdebt]

Hi guys,my story started when i was a student 2002,i was offered a loan of £ 4000 by barclays,within two months they offerd me another £2000,i was a student that time,part time working,but they mangegd to convince me to get them unaffordable loans.anyway i started paying fine struggled for a bout a yaer and a half,no probs,but when they sent me a letter asking me to pay my interest as it was going high,make it short,apparently the stupid girl who set up the loan did not combine the two small loans together and i was having two loans separate interest... the amount of interest was £2000,bank manager offerd me to pay it as £50(plus the original debt monthly amount of 160) a month,that is another bill,paid for a couple of months then i couldn't anymore as they messed me up...financilly socially...etcc..stopped my account,stopped my payment....moved my addresss,kept chasing me with letters etc...court stuff,never been to court in my life to this day....one day court sent my place of work a form saying how much i earn,my bills etc,,,anyway i filled it...showed that i have no money to spare,never had an answer since then,recently i received this letter (white plain letter,franked),just let me know guys what shall i do as they are asking me to go bankrupt as they asked before...these people are driving mad.thanks

following someones advice i have checked myself on the registry trust limited,exciting result:nothing registered against my name as a ccj or any other judgements.Guys tell me this is good news please,and how can i slow them down or even stop them from hassling me with their demands .thanks a lot

[Crapstone]

Did they give the date of the judgement and when was the last time you paid or acknowledged the debt?

 

Are you sure you have no judgements as these don't become statute barred but can fall of your credit record and the register after 6 years but are still enforceable. Although they would have to show a good reason to the court why they have not followed up it up within a reasonable period of time if you didn't keep to the terms of the CCJ.

 

Which is why you now have an SD, me thinks. They knew they left it too late and would have to explain, so they sold it on to some heavy handed numpty that hopes a scare tactic will do the trick rather than having to put a properly constructed arguement before a judge.

 

Don't acknowledge the debt, the CCJ or the SD. Write back and tell them you haven't the foggiest what they are talking about and they should provide you with proof of the debt. Don't ask for a CCA and don't sign it, just print your name. Politely inform them that you have never had a CCJ made against you and you do not recognise the account listed or it's assignment. There are a few useful paragraphs floating around on threads that refer to harrassment and debt collection guidance so look them up and use them in your letter. If you can't find any or need help then just me a shout and I'll draft something for you that should get them thinking twice about chasing you.

 

SD's are frowned upon at the very best of times and trying to do it when other enforcement options are available, after this length of time, is a no-no.

[mr.ton]

It just adds weight to my theory that the "court document" your work place received was simply nothing more than the DCA playing silly buggers.

If so, it is a serious offence to impersonate a court etc...therefore report them to the authorites asap.

[B3rty]

This was something that 1st Credit go slapped on the wrist for earlier this year by the OFT

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

[ODC]

Crapquest are well known for saying that a judgement has been granted against you yet are unable to prove same. It stinks to me that they would go along the SD route if there was a CCJ. In fact I cannot see how they could do it. The CCJ would IMHO take precedence over an SD. Surely if they had a CCJ then the best thing would be to go back to the Courts to seek to have it enforced rather than going to the expense of making you bankrupt and maybe getting nothing.

[the_shadow]

Personally I think the OP needs to find out if the CCJ does exist... and for that he needs to contact the court mentioned on the stat demand with the claim number also quoted and ask for the court clerk to send a copy of the judgement if it exists..

 

If it doesnt then Mr Ton is correct and the OP needs to inform the OFT not only about the improper use of the stat demand but also impersonating court docs.

 

If the OP has a copy of the attachment of earnings letter and the address he sent it to that will add weight if its not a correct court address.

 

S.

[Undercover-Elsa]

As I see it, as it stands at the moment the SD was incorrectly served, with no proof of receipt.

There's 2 ways to go with this..totally ignore, as any letter mentioning it will serve as acknowledgement, or deal with it and contest it/ get it set aside.

Over to the experts!

Elsa x

[fedupofthisdebt]

Personally I think the OP needs to find out if the CCJ does exist... and for that he needs to contact the court mentioned on the stat demand with the claim number also quoted and ask for the court clerk to send a copy of the judgement if it exists..

 

If it doesnt then Mr Ton is correct and the OP needs to inform the OFT not only about the improper use of the stat demand but also impersonating court docs.

 

If the OP has a copy of the attachment of earnings letter and the address he sent it to that will add weight if its not a correct court address.

 

S.

I have just called the county court and gave them the case number,apparently there was a judgemnt in june 2006(different from what the trust checked!!!!confusing,obviously the court has the right info) for me to pay back a loan to barclays.the clerck has updated the system with my actual address and is sending me an attachement of earning paper,it is getting really serious guys,i can't afford to pay much or nearly nothing as i'm only a part time(doing two days),my wife only does 12 hours shift..and with two kids the situation look very serious and bleak to me,please help me on this!!!!!!!!!!thank you very much

[harrassed senior]

OK - This is the situation as it stands:

 

You had a CCJ entered against you in 2006: At what address was this served? had you notified a change of address? You state you have never had papers, was this because you were served at the only address registered with the OC.

 

IF this was incorrectly served, you might be able to have this set aside? (experts will let you know more).

 

IF the I & E Form received by your employers was from the Court, this is a point you could argue in that if the OC had that information, so why was that address not used to serve the Court Summons?

 

You need to find out, if possible who sent that I & E Form, OC, Court or CrapQuest.

 

With regard to the SD you need to get this set aside within 18 days of service. Now, as already stated this was not served correctly so acknowledging receipt may not be a good thing. I have ignored an SD from CrapQuest with no comeback (they did not proceed).

 

IF in your case they did proceed your defence could consist of all of the above and the fact that the original CCJ was never followed up, despite them apparantly having an address (Employers) for you.

 

Hope the experts will be along to help further, and I hope the above sorts the wood from the trees!

[the_shadow]

I have just called the county court and gave them the case number,apparently there was a judgemnt in june 2006(different from what the trust checked!!!!confusing,obviously the court has the right info) for me to pay back a loan to barclays.the clerck has updated the system with my actual address and is sending me an attachement of earning paper,it is getting really serious guys,i can't afford to pay much or nearly nothing as i'm only a part time(doing two days),my wife only does 12 hours shift..and with two kids the situation look very serious and bleak to me,please help me on this!!!!!!!!!!thank you very much

 

Ok worst case scenario: The Attachment of earnings form comes with an income & expenditure form for you to fill out. Once this gets filled in it goes to the clerk to make a decision on the amount to pay, this you will get notification of. If you disagree with the amount you can put in a variation application when a judge will look at the outgoings before deciding.

 

Have you any idea of the judgment debt? i.e. how much it is for? Were you served all the court papers for this enforcement action?

 

S.

[ODC]

Fill in the I&E form and make sure you do not underestimate your nessecary expenditure. You will probably find that you have very little left for the Courts to take.. The Courts will work out a reasonable amount based on what you can afford. They know you have to live and will not leave you destitute. As I said earlier if you are paying a CCJ regularly through the Courts then I just dont know how Crapquest could hope to obtain an SD