CapQuest - Any advice greatly appreciated

[Dempsey40]

I had a debt with Halifax credit card which was listed as settled on my experian credit report on 31-12-03. This is then due to become statute barred on 31-12-09, a couple of months time.

 

I have made no payments or any acknowledgement to this debt at all and now the debt has been sold onto CapQuest. Along with their 3 or 4 phone calls a day that my mother gets, they began by offering me substantial discounts to come to an agreement of monthly payments. I ignored this as I have done all other contact from them.

 

They then sent me a letter saying that because I have not contacted them they are going to send me a statutory demand unless I contact them, again offering me a substantial discount, the discount being no interest that they have put on so instead of £6271 its now £3762.

 

I ignored this letter also and have received the statutory demand on the 23rd July which gives you the 18 days to set aside and 21 days before they start to bankrupt you. The SD all looks correct with court details etc but was not sent recorded so they have no proof that I actually received it.

 

Because it is so close to being statute barred I do not really want to get involved and would rather try to wait it out if possible.

 

The last phone call came today when they asked if I was ok. my mum thanked them for their concern before hanging up on them.

 

Does anyone have any suggestions?

 

Many thanks in advance.

[PGH7447]

this for the phonecalls

 

Harassment by telephone - Consumer Wiki

 

can you post the sd up, and you are right it needs to be recorded or hand delivered

[Dempsey40]

Thanks for the phone call link and the very quick response.

 

The SD is attached

scan0001.pdf

 

Sorry, abit of a novice.

Edited August 8, 2009 by Dempsey40

[lilly white]

HAVE A READ

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

[PGH7447]

well thats a proper stat demand

 

first thing is to call the number shown and ask to speak to the person mentioned, i they refuse to speak or they are not contactable that is a good enough reason for a set aside.

 

also send crapquest a cca request for the alledged agreement straight away, by special delivery they then have to produce the agreement within 12+2 days no agreement helps the set aside

[Dempsey40]

Thanks PGH7447 for looking at the stat demand. As they have no proof that I received it would it be best to wait until I get one that they have delivered properly, i.e. one that I have signed for myself, which I will clearly avoid doing or that it is put in my hands.

 

As it is only a short period of time before it becomes statute barred it would be preferable to try any delaying tactics possible to reach this deadline in which case there is nothing they can do.

 

I read on this site to not let them know I had received the SD so by entering into a dialogue with them through requesting a CCA would this just open all this up again.

[bigegg]

If you don't apply for a set-aside, they CAN make you bankrupt.

They're not likely to - it costs too much, and there's no guarantee they'll get anything back on the debt.

On the other hand, a set-aside is worth a couple of hundred quid in costs to you (ie, THEY pay YOU!), and will waste a couple of months - because it will probably take that long to get a set-aside hearing.

[Dempsey40]

Thanks Bigegg, but by trying to get it set aside at the moment would that mean I admit to receiving the SD as this is the only way I could know to do this.

[bigegg]

I don't know enough about the SD process to comment BUT I have read a lot of threads on them - I've not read ONE where anyone has recommended ignoring them.

The accpted procedure is to apply for set-aside + claim costs - if you ignore it, there is a definite possibility they will apply to make you bankrupt, and you will have a MUCH more difficult fight.

 

I can only advise from personal experience, but if it was me, I would apply for a set aside (using whatever grounds I can find), rather than ignoring it.

 

Especially if (effectively) I can get a CCJ against the debt collector for a couple of hundred quid - I like the bit where if they don't pay, YOU can send the bailliffs in to sieze their computers, chairs and telephones.

 

[Dempsey40]

Your right biggegg, do you have to attend the court in person to apply to have it set aside or can you post it? There is no way I can get there in the given time I have left.

[bigegg]

I THINK you can post the application - you need a signed affadavit thingy which you can do at a solicitors - I think they'll charge, whereas it's free at court.

You apply at your local court BTW, not the DCAs - best idea is to give them a ring, or have a look at some of the SD threads on here.

 

You basically just have to go, have it signed, and accepted - then you get a hearing date later - it's only 10 or 15 minutes at your local county court, whenever you can get there - you don't need a formal appointment, just turn up and give them the paperwork.

 

Don't forget you can claim for time off work as part of your costs (as well as taxi fares, research time, postage etc) - both for initial application and hearing.

[Dempsey40]

It's taken me so long to discover this site i'm afraid that my 18 days are up tomorrow. I think that the only option now is to wait for the next step from CapQuest and deny ever receiving the SD in the first place. Unless anyone has any other suggestions?

 

One other thing is that my credit file says that it was defaulted (settled) on 31-12-03 but payments were stopped before that date and no acknowledgement of the debt has been made since. I have been reading on this site that a debt is statute barred from the last payment made or acknowledgement of debt not from when it was listed as defaulted (settled). Is this the case as it could well be SB now.

Edited August 9, 2009 by Dempsey40

[lilly white]

Hello please do not worry to much about the 18 days if you go over it Cost £30.

 

WELL yOU NEED TO MAKE YOUR MIND UP SOON DO NOT LEAVE TO LONG.

[lilly white]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand.html

 

have a read the defence is there, it is a good one ,well it would be

[Dempsey40]

Thanks for your comments everyone. I ended up sending the telephone harrassment letter, a cca request and the letter stating that the debt is statute barred. I received a letter back today saying that the account is on hold for 28 days whilst they obtain the information required and that if I have any proof of payments or correspondence that would assist them to forward them on. Yeah right!

[debt4get]

HAVE A READ

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

just read this in that post would it apply in this case?

Absent an order for substituted service, if the SD comes by ordinary post, service can not be said to have corresponded with the obligation imposed by IR 6.3.

Where purported service is effected in this way, the debtor should avoid writing to the creditor in a way which demonstrates receipt of the SD. He may if he cares, send a request for production of the agreement upon which the debt is based and/or a statement of account, but he would be very ill-advised to acknowledge receipt of a SD delivered in the ordinary course of post.

[Dempsey40]

I avoided any reference to an SD. This is what I said:

 

Dear Sir/Madam

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the account which you constantly call me about, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

[Dempsey40]

The statute barred letter:

 

You have been trying to contact me regarding an account with the Halifax, which you claim is owed by myself.

 

I would 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 would 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

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 section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

[debt4get]

yeah great cos it looks like from the sd bumph that just sending it through the post aint good enough.. you should be able to tie em up long enough to get to statute barred

[Dempsey40]

I hope that it is already SB debt4get. I have been looking through my credit report at addresses that i lived at and do feel that it is statute barred already. But knowing my luck ........

[Dempsey40]

Finally heard back from capquest. They have sent me a lasered document that says it is a Credit Card Agreement although the accompanying letter says the it is the terms and conditions for the account, which is what it looks like. There are no signatures and the address listed for me is not the one that the credit card was taken out at.

 

Also the very last line on the last page says "TEASER 01 12/02", seems abit odd!

 

They also state that the other documents requested will be forwarded as soon as they have them, although the 12+2 days is up tomorrow.

 

What do I do next??

Edited September 1, 2009 by Dempsey40

[Dempsey40]

Is there anybody there!! My thread has gone cold.

[Dempsey40]

Waited and waited for the correct paperwork to come through but it still has not come. I eventually sent them the account is in dispute letter and stated that they had not conformed with my requests.

 

I received another letter today in response to this that simply states that they have requested the credit agreement from Halifax. I though this is what I requested in the CCA request initially.

 

Any ideas anyone?

[debt4get]

yep ignore them... you have legally requested the documents, they have failed to comply..the account is now in default. you do not have to offer any payment nor may they ask....typical dca, wait for the 2nd letter then tell you that they have requested the documents...chances are the next thing you will get is account closed returned to oc

[Dempsey40]

thankyou for replying debt4get, i am sure you are right. They do not appear to have anything.