CapQuest Statutory Demand

[ekne]

Hi all,

 

I got a statutory demand from capquest two days ago for an old debt of about 1400 pound plus 500 capquest interest. The debt dates back to 2001. I've never acknowledged to capquest that I owed them anything or that I even existed at this address but I think I did make a one off payment of about £50 to some other collection company about 4 years ago. How should I proceed?

 

Many thanks for any help you can give me!

[babybear39]

Ah, because you made the payment you restarted the limitations clock.

 

Your best option now is to go for an SD set aside.

 

You can download the forms from here, you need 6.4 and 6.5:

 

Forms

 

You need to find your nearest county court dealing with BR, fill in the forms and get the affi sworn at the court usually for no charge.

[ekne]

Thanks for the reply, are these the applicable forms even for Northern Ireland?

 

Thanks again

[babybear39]

Thanks for the reply, are these the applicable forms even for Northern Ireland?

 

Thanks again

 

Oops, no, they're for England and Wales...

[ekne]

I wonder what the best course of action is for me then? I don't even live at the address any more its my parents place and I've moved out of the country

[harrassed senior]

A little more info would help-

 

The debt was taken out in NI?

 

You lived - where?

 

You live now?

[ODC]

Check what legislation they are quoting for the SD. See if in fact they mention Northern Ireland on the SD.

 

The law in NI is quite clear that SDs must be personally served unlike Crapquests usual method which is by post and merely designed as a scare tactic to get you to ring their threat monkeys

[ekne]

Yes the debt was taken out in Northern Ireland, I lived in Northern Ireland.

 

The address they sent the letter to (First Class) is in Northern Ireland

 

The letter quotes "The Insolvency (Northern Ireland) Order 1989" on the 6.01 form.

 

I now live outside the UK but in the EU

 

Thanks for the help!

[ODC]

My advise would be to ignore these Cretins. The SD was not properly served in any case. They sent a stack of these out to NI addresses last Christmas and never followed them up. Do not let them know of your new address. It would cost them as much as the SD was for if they decided to follow it up. In any case they wouldnt get away with it because they have NO proof of Service.

[ekne]

Thanks for the advice!

 

Even if they did decide to follow it up I presume I could pay the amount then anyways to prevent any court action?

[babybear39]

You could bring it back under the £750 threshold for BR.

[ekne]

You could bring it back under the £750 threshold for BR.

 

you mean now or if they actually move forward on this SD?

[babybear39]

What is at now?

[ekne]

about 1400 plus another 500 or so of interest they've added

[babybear39]

An SD would be struck out if you brought the account down below the £750 but this is all based on E & W law

 

It depends what juristriction the account falls under

[ODC]

They have no hope of pushing a bankruptcy through a NI court without having properly served it.

[ekne]

So basically the idea would be to wait and see what happens. If they want to do something about it they'll have to serve me in person and sure if they do that I can pay enough of the balance to bring it below £750?

[ODC]

Yes. To proceed with a bankruptcy they will have to prove to a NI court that they have properly served an SD on you. Then they would have to employ a REAL NI solicitor and pusue you through the NI Courts system. This would cost them far more than they allege you owe them. The SD and the manner they sent it to you shows they are not serious about carrying out their threat.

 

You no longer live in NI. A simple electoral roll check would have established this.

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.co.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF0004F6EA

 

I will be sending this post to every Cagger I have on my list so you may receive it again.