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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
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    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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lottieapple

Capquest Statutory Demand - Littlewoods

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Hello

 

First of all please let me apologise for asking for help when there are already so many threads relating to the same thing but my head is ready to explode and I really need someone to 'hold my hand'.

 

I have received a SD from Capquest this morning - very similar to the ones already scanned and posted in different threads. It relates to a debt from Littlewoods of £1100, apparently Capquest were assigned this debt in Sept 2006. It does go on to list my nearest Court. However, I am pretty sure I have never received any other correspondance from Capquest, and I really think this debt it Statute Barred or very nearly there as I can not remember paying anything since 2003 and I do (and did) dispute the debt with littlewoods back in 2003. The original credit agreement was from 1999. I have never received a default on this account and searching through my credit file (with all 3 agencies) it seems that there is no record of this at all. I would issue a

 

The Statutory Demand is date 5th August, I received it today and there is no post mark on the envelope it was just sent regular 1st class post.

 

What should I do?

 

Do I need to apply to the court to have it set aside? or should I just hold on tight? X20 has put things very well but I am afraid I just need someone to clarify my position.

 

I am going through a really rough time personally at the moment and this is the last thing I need to be dealing with right now.... all my instincts are telling me to ignore this but recently my instincts have been way off the mark and I don't want it to turn into more of a nightmare. I nearly rang them up to offer a small payment each month - but I know that's wrong because I don't agree with the debt in the first place.

 

Please help me.

 

Thanks, lottieapple

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GOOD MORNING.

 

OK.

 

i see you have read x20 post what part of it are you not happy with.

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Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi Lilly

 

Thank you! I think this is more about me questionning my own judgement than not being happy with x20's explaination, I would just really apprecaite someone confirming my gut feelings that I should just sit tight and wait.

 

Has anyone actually been made bankrupt by this bunch of cowboys?

 

And I can not believe that they think its ok to send this Statutory Demand without actually contacting me before, I would have soon told them to s*d off and provide me with proof that the debt exists. However, much as I want to do that now (and like I said before I am pretty sure it's SB) I don't want to acknowledge that I have received this Statutory Demand now because knowing my luck I will completely mess things up.

 

Sorry for rambling, am I worrying about nothing? especially as I can see there is no evidence that it has been 'served' correctly and therefore probably invalid?

 

Thanks, Lottieapple

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Unfortunately you must take the SD seriously as capquest could get a judgement by default and then petition for BR. I know many would say this scenario is highly unlikely given the amount you allegedly owe and the cost to CQ of a petition but you have to expect the worst case scenario just in case.

 

You have 18 days from the date that service is deemed to apply for a set aside.

 

Applying to have it set aside is a lot easier than you may think. Download forms 6.4 and 6.5 from here:

 

Forms

 

You can get the affi sworn at your local court free unless you live in London. There are numerous threads on here dealing with CQ SD set asides, just do a search.

 

Just shout if you need a hand...

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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We all share your concerns however the nature of the beast is this.

 

We the consumer, DO NOT HAVE TO PROVE ANYTHING it is down to them.

 

So given as explain in x20 post this would fail if they had the temerity to go for bankruptcy because of the nature how the SD was serve.

 

So you could take the view that this is to scare you into making a payment.

 

DO NOT.

 

KIND REGARDS LILLY

Edited by lilly white

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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At present the OFT are monitoring 1st crud and connartists issuing of SDs. CQ will be aware of this and might just follow through with their threat. This is why it's so important to get it set aside. Don't forget you can apply for a wasted costs order if you successfully get this set aside and this would csot CQ a few hundred at least ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Read this- its not as difficult as you might think to get this setaside and probably even take some money of them for their trouble.

 

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

 

Sorted and £260 richer in less than 10 days.

 

But one thing is for sure-you cant ignore it lottie.

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Ok when was your last payment for this account and your last acknoledgement for this as dates are important if you think it SB.Have you checked your credit file to see when a DN was added for this.Been to court with this lot and my debt and defence was SB and won havent hered anything from them since last year also was a bit richer after it to and got to threaten them with a warrent myself after them not paying up on time.

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OK thanks for the advice everyone.

 

So if I don't ignore this I need to get down to the local court and start the process to have it set aside? forgive me for being dim on what grounds?

 

stuscfc (you don't happen to be in stoke do u?) in answer to your question there is NOTHING on my credit file regarding this debt. I only have one Defaul on my credit file and that drops off in Oct 2009 and that was for something completely different. I am pretty sure I haven't paid anything since early 2003 and I certainly have acknowledged this debt since that time either. I have been searching through all my paperwork and can not find anything in the last 5 years that indicates anything different.

 

I have never received any correspondance from Capquest until today, not even telling me they now hold the debt.

 

In 2003 I sent Littlewoods a letter to request the details of the account and a breakdown of the charges but they never responded.

 

Should I also request the details from Capquest once I have been to start the procedure for having the SD set aside?

 

Thank you everyone..... I means a lot to know I am not alone.

 

Lottie x

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They bank on your ignorance of the law and your naivity thinking it is just another empty threat- IT ISNT AN EMPTY THREAT

 

YOU MUST GO FOR A SETASIDE IN COURT

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OK READ THE LINK POSTED BY

 

noomill060

 

when you have down load the forms make a start need any help shout.

 

once you have filled in the forms take to the court and they have to be sworn in.


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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OK thanks, I have downloaded the forms and will go down to the court when I can (probably Friday but thats still within the time scale). What is the best defence to state on the forms?

 

Looking at all the paperwork I have from the various debt collectors it seems that a £30 payment was made between July 2004 and Oct 2004 but I can not find anything on my bank statements that corresponds to this, so I guess I can not go down the SB route. I still dispute the debt though as I believe the balance is made up of ficticious charges etc...

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If you are sure you havent payed or acknoledged the debt in since early 2003 then it may well be SB and that is a major part of your defence also how was it served by hand or first/second class mail. Try phoning the named person on the SD and ONLY talk to them and refuse to talk to anyone else but them.If you are luck to be put through say thank you and put the phone down.You have to beable to speak to the person named on there.Also contact TS and the OFT as you havent had anything else from them untill now i know the OFT would like to here about it and they WILL contact you about it in due course as i was.Remember when trying to contact the person named on the SD and other times LOG all the calls names and times for future if needed.PHEW lol i cant think of anything else now lol:D

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It may be worth sending CQ the statute barred letter ;)

 

Your other avenue of defence is that the alleged account is made up of unfair charges etc...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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OK, right I have completed the court forms for my defence I have put:

 

 

1. Do not admit the debt because the debt is in dispute.

 

My request under s77/8 of the Consumer Credit Act 1974 was sent to CapQuest Debt Recovery, the debt collection agency who claim to be dealing with the alleged agreement and have raised the statutory demand. This request was sent on xx/xx/xx and until such time that I receive and can verify that the debt exists the debt remains in dispute.

 

 

2. Further, I believe that the amount of £1100 referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Again I have written to CapQuest, the issuer of the Statutory Demand and requested that they provide further information regarding the charges in the statutory demand includes a substantial sum of unlawful penalty charges.

 

3. I have made a subject access request to Capquest Debt Recovery, this request was sent on xx/xx/xx I am hoping this will supply me with the relevant details to confirm that

a. The alleged debt exists

b. The balance, including any details of items added to the total amount contained on the Statutory Demand.

c. Any other information they may hold that is relevant to the alleged debt.

 

I have draft letters to Capquest for a CCA, including any charges that may have been added to the account and a SB letter and now SAR - let them prove to me that there was a payment by me in 2004 and I genuinely believe there isn't any records of payments by me since March 2003.

 

I can only get down to the court on Friday as I am moving next week (why oh why couldn't I have received the letter next week when I no longer live here!) what do you guys think of my defence?

Edited by lottieapple

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You should really send a SAR to the original creditor. Put that you're waiting for that as well in your defence ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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ok, baby bear, thats really sound advice I will do that.

 

lottie x

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OK, firstly I would like to thank everyone for their help yesterday.

 

Just to let you know I have decided to not do anything about the Statutory Demand after thinking things through there are many reasons but I actually think if they were to go through with the Petition it would do me a favour. I guess I must point out that I don't own my own home and don't have significant assets and my job does not rely on it so I have nothing to lose.

 

My husband has recently left me and I am responsible for 4 children (not all of whom are mine) and if Capquest would like to help me by making me bankrupt then I hope they go ahead as I can not be any worse off than I am now. I know it's not the easy option but at least I can have a 'fresh start'. I am under no illusion that if the went down the bankruptcy route then life would be uncomfortable but then again it's dam right painful now!

 

I am sure Welcome Finance whom I have 2 debts with will thank them as well, especially as I have been a model customer and never missed a payment!

 

IF it gets to petition stage then I am sure I can argue that I did not receive a Statutory Demand (correctly), that the debt is disputed and that I have never received a formal assignment notice to tell me that CapQuest is now the owner of the debt but in all honesty I would only do that to make their lives hell and show them that they can not get away with not following clearly regulated guidelines.

 

Maybe I am taking a gamble but thats a risk I am prepared to take as either way it is making life no more difficult.

 

Thank you once again for all your excellent advice.

 

Lottie x x

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Oh sorry, I thought you wanted to avoid BR.

 

If you want them to petition hopefully they will and save you the BR fees :)

 

Give us a shout if you need any advice on BR as I've been through it 2 years ago in the same situation as yourself but I only have one child.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Good afternoon.

 

Please be assured what ever decision that you make we will help in what ever way we can.

 

We are aware that these are difficult times for you as long as you aware of you rights we can do no more.

 

The message I try to give out.

 

We will not be bullied, we will not be intimidated and we will not be humiliated.

 

 

KIND REGARDS TO YOU AND YOUR FAMILY

 

Lilly White

Edited by lilly white
spelling

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hey

 

After deciding to let them 'carry on' and go through with their threat if thats what they were going to do! I thought I would update you on whats been happening.

 

I sent Capquest a letter thanking them for their statutory demand and telling them how relieved I would be if they would take the decision out of my hands. I actually thanked them for their help.

 

I also CCA'd them while I was at it - in for a penny in for a pound and all that. Afterall we can't make it that easy for them can we?

 

I have received a letter today from them basically telling me that after reviewing my account they would not be pursuing the account any further and their file would be closed!

 

How about that for a result!

 

Love Lottie x x

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well done keep the letter safe

 

thanks for coming back

 

Lilly white


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Make sure you contact the court incase the cheeky gets go for a judgement by default!!!


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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And please report them to the OFT.....!! they should no tbe sending out stat demands... - did you read this - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices


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