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STAT DEMAND from CAPQUEST


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have today recieved a stat demand from a debt recovery company called capquest, having read through some threads to try to understand i STILL DONT.

 

in order to get to the bottom of this debt, it is a credit card debt from 2002 allocated to capquest in 2006, do i send a DPA, CCA, or SAR? im confused???

 

also the SD is just like a letter telling me its a SD, no court seal or anything infact i had to read it a number of times to actually even find a court mentioned in the text.

 

 

 

 

hope someone can help

 

adi

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in all seriousness i cant remember!! i dont even remeber the amount they are claiming, although i know its bumped up by over a £1000 in interest since the allocation of debt, according to the SD.

 

adi

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I have a feeling it maybe stat barred....send them this, print your name - do not sign.

 

Dear Sir/Madam

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I wish to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made otherwise i will report your company to the OFT & any other such authority at my discretion.

 

I look forward to your reply.

 

Yours faithfully

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thanks for that but i have a feeling that it may not be barred as i am unsure if i was still paying and using this card in 2003/2004 when i was a student, but im not sure hence the reason i was going to ask for details which they hold regarding the account.

 

If it was statute barred they would know that wouldnt they and simply not bother trying to collect or am i being ridiculous? lol

 

adi

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Many DCAs try and collect SBd accounts ;)

 

 

crazy!!!!

 

well im still thinking its inside the time scale so can anyone help me deal with this stat demand please?

 

adi

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cheers all, sorry to be going on BUT i assume that the SAR will require card details etc? well i dont have them its so long ago will they be able to just use my personal details?

 

also is there a template for a cca request?

 

thanks for the link i have now found my local court!

 

adi

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thank you, im going to appear very stupid now but i assume the bit about changing the paragraph refers to me making

 

This letter is a formal request pursuant to s.77(1)..... into s.78(1) and making

.......comply with my request, the provisions of s.77(6) will apply.... into into s.78(6) as my request is relevant to a credit card?

 

thanks

 

adi

 

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thank you, im going to appear very stupid now but i assume the bit about changing the paragraph refers to me making

 

This letter is a formal request pursuant to s.77(1)..... into s.78(1) and making

.......comply with my request, the provisions of s.77(6) will apply.... into into s.78(6) as my request is relevant to a credit card?

 

thanks

 

adi

 

 

Correct, change to s.78

 

CCA goes to Capquest, SAR to Halifax.

 

S.

Edited by the_shadow
Removed incorrect info, s77(6) is valid after CCA2006 amendments
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and even if it isnt stat barred yet... the s78 request template I believe has the "I do not acknowledge any dept to your company" in it doesnt it?

 

S.

 

 

if you mean the CCA request then no it doesnt have it in it! should it?

 

adi

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if you mean the CCA request then no it doesnt have it in it! should it?

 

adi

 

Hmm the old version did have it I believe.

 

Again shouldnt be a big issue, they are claiming you owe a debt, you are asking for the agreement of that debt if it exists.

 

S.

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All the above is good advice, however, with regards to the Statutory Demand, you have 18 days to apply to have this set aside. Notwithstanding the fact that it was incorrectly serviced.

 

I had one of those from CapQuest just prior to last Christmas and at that time I did nothing. After Christmas I found this site and started down the CCA route. Luckily for me, they never followed through on the SD, but I believe the general opinon on his is to apply to have it set aside. Hopefully others will be along to offer more help on this subject.

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