CaqQuest SD for unknown RBS Debt

[AngloIrishGuy]

Gone through it - Only sections that I can see that apply are Section 267 and 268 - all rather vague. However I came across this:

 

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/howtomakesomeone.pdf

 

I know this is relation specially to a BP, but one would assume the same principles apply to a SD?.

 

Under section 6) it states "You cannot just complete the petition and present it to the court. Insolvency law requires

that: 1) the petition be served on the debtor; and 2) statements of truth are lodged at court verifying the bankruptcy petition and that it has been served on the debtor."

 

I assume in statement of truth they would obviously need to sware these statements and provide evidence to back up there claim if application for set aside is made

[the_shadow]

They do have to "prove" that you were given the SD prior to lodging the petition in court, thats why we think this is a mis-use of the bankruptcy process as they post and hope to scare the debtor.

 

Read this thread for more details ->> http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

S.

[42man]

It makes no difference anyway as you have NEVER had an account with RBS, if you haven't you just deny it all....I can't see a judge doing anything else apart from spit venom at the claimant and set the demand aside and pay you your costs !!

[babybear39]

CQ seem to be very keen on this collection method

 

Report them to the OFT!

[AngloIrishGuy]

babybear39 - I think your right, most of the posts I have reviewed with regard to SD seem to be from CQ and "Barry Davies". Either they are having enormous success with this method or they are simply not successful with their other methods?

 

The thing I find most disturbing about SD's from CQ is that they have not, at least from my reading of all the SD threads on this forum, produced any CCA's and every one seems to be issued by second class post - surly this cant be considered an acceptable. Surely the responsible agencies know this?

[AngloIrishGuy]

Ok - Applied at the Court this morning to have the SD set aside - was told it will take 5-10 days to get a response as to next steps. Pretty straight forward and easy to be honest. Also, sent the SAR Request.........

[the_shadow]

Ok - Applied at the Court this morning to have the SD set aside - was told it will take 5-10 days to get a response as to next steps. Pretty straight forward and easy to be honest. Also, sent the SAR Request.........

 

 

.........just the complaint to the oft left and then its a full house :-D

 

 

S.

[saintly_1]

Then theres the claim for costs when you get the hearing date ;-)

[summer30]

Good luck with this, I dont understand why they just dont go for CCJs rather than SDs, especially if people dont have a house or any assets.

 

Its probably because they cannot hound people for higher payments if they did .

[the_shadow]

Good luck with this, I dont understand why they just dont go for CCJs rather than SDs, especially if people dont have a house or any assets.

 

Its probably because they cannot hound people for higher payments if they did .

 

Because a) It scares people, bankruptcy can ruin someones job/life/relationship b) It costs NOTHING to issue this bit of paper c) Its probably quite successful in most cases (where people have no advice) of getting the debtor to either pay the full amount or discuss more than they can afford monthly payments.

 

CCJ's require paperwork backing up a claim and cost money to issue.....

 

S.

[saintly_1]

They use them a scare tactics in the hope that people will ring them and offer copious amounts of money to them

[AngloIrishGuy]

.........just the complaint to the oft left and then its a full house :-D

 

 

S.

 

So is there a good template letter I could use?

[summer30]

Never thought of the paperwork thing needed to back up a CCJ

 

good point

[AngloIrishGuy]

Then theres the claim for costs when you get the hearing date ;-)

 

Yes, I already have my costs worked out

[the_shadow]

So is there a good template letter I could use?

 

I dont think there is to be honest, imho it needs to set out the circumstances (chased for debt, you say stat barred, show proof its not, they havent) which are personal and then the way they have gone about things, which is also case specific..

 

 

S.

[AngloIrishGuy]

Will get my writing cap on then

[saintly_1]

If need be post up a draft of the letter with the identifying details removed

[Brent-London]

Yes, I already have my costs worked out

 

Make sure you send them your costs in the proper format so they cannot argue over technical things.

 

You need to claim the "litigant in person" rate under the appropriate rules of court.

 

I have an example here where I won £175 against them:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215740-martin-capquest-statutory-demand.html#post2375166

[AngloIrishGuy]

OK, so quick update.

 

Court date for the set aside hearing is set for early Oct. Interestingly enough I have received 3 letters from CapQuest, none of any substance:

 

Letter 1) Stating my account is on "Long Term Hold" while they investigate. This was in response to my letter stating to them I have filed at court a request to have the SD they issued set side.

 

Letter 2) Stating that they are "investigating my claim" with regard to who made payments to this account. This letter was in response to my letter to them where I challenge them that the account is not mine and state I never made, nor authorized anyone else, to make payments to the account.

 

Letter 3) Stating that my letter has be passed to "the relevant department". This letter was in response to my letter to them where I request a copy of all evidence they seek to reply on in court as the court date and time has now been set by the court.

 

I find this a crazy situation where these people can issue "life changing" legal proceedings against people with no evidence whatsoever this debt is owed by me all while ignoring their legal obligations under the law......this is NUTS....

[Brent-London]

Check out my fightback against these arse****:

 

Capquest and Stat Demands - fighting back - abuse of process claim

[AngloIrishGuy]

OK Guys I need help!!!!!!!

 

I am in Court in a few days and CapQuest have sent a whiteness statement response which makes no sense to me what so ever.

 

I dont have a Scanner so I shall type of what they say:

 

1) " In Paragraph 1 of the Applicants Affidvit: he states that he does not admit the debt because the debt is in dispute". I submit that a mere denial is not evidence of a dispute and if the applicant disputes the debt he should provide valid reasons for that dispute. These have not been provided to the Repsondent and the Apllicant merely says the debt is in dispute"

 

2) The Applicant makes reference in his affidavid to his request under Section 78 of the Consumer Credit Act for a copu of the Signed Agreements. The applicant states that these requests were made by letters dated the 10 of June and 20th of July. Upon checking the respondents records neither of these letters were received by the respondent. I can confirm following the applications were made for a copy of the agreement but will not be available in time for the hearing"

 

3) The Applicant states in that the "debt is statute barred". We can confirm that a payment was made 12th of January 2005. This payment is shown in the copu Statements exhibited to this my whiteness statement. I therefore submit that this debt is not statute barred.

 

4) The grounds of the application seem to be that the debt is disputed on grounds which appear to the court to be substantial. This is the requirement of Rule 6.5(4)(b) of the insolvency Rules 1986. I submit that the matters which I have set out above show that these are not substantial grounds for disputing the debt. I respectfully submit that the applicant has not shown that there are grounds upon which the Statuary Demand should be set aside.

 

Not sure what to do - they also sent a copy of several sheets of a bank statement (loan account). Which is at the different address to that of myself but should that payments to the account where of or nearly £30K cleaning the account of all arrears 2006, when the account was closed. this makes no sense to me....

 

Please please please help in responding to this would be greatly appreciated.

[babybear39]

Have flagged your post for help from someone with more knowledge.

[AngloIrishGuy]

Have flagged your post for help from someone with more knowledge.

 

Thanks - I am starting to freak out a little to be honest......they have still not provided a copy of any agreement.....

[ODC]

Pending advise from some of the experts I can see that capquest have actually handed you a defence on paper on their witness statement. They have admitted that they have yet to produce the CCA. Without the CCA you are unable to ascertain the legality of this alleged debt. Also they deny receiving your CCA requests. Do you have proof that they got them. Also they have failed to supply proof that the mystery £ 7000 was actually paid by YOU so it is still your contention that the matter is Statute Barred

 

Do you also have a copy of the letter from Crapquest stating that they were unable to produce a CCA

[babybear39]

Pending advise from some of the experts I can see that capquest have actually handed you a defence on paper on their witness statement. They have admitted that they have yet to produce the CCA. Without the CCA you are unable to ascertain the legality of this alleged debt. Also they deny receiving your CCA requests. Do you have proof that they got them. Also they have failed to supply proof that the mystery £ 7000 was actually paid by YOU so it is still your contention that the matter is Statute Barred

 

Do you also have a copy of the letter from capquest stating that they were unable to produce a CCA

 

Great minds and all that...

 

ROFLMFAO