cap quest - stat demand

[lancashire las]

i have just recieved a letter from cap quest for a sum of £1146.50 the debt relates to an unpaid balance due under the credit agreement dated 01 oct 98, the rights and duties were passed to the creditor on 29th sept 06. included in the letter is a stat demand for bankruptcy petiton.

 

I last made a payment in 2001 to littlewoods. I have had a couple of letters from capquest but never acknowledged them. I am worried about losing my home as i am unable to pay this amount as i am a single mother 0f 2 young children and money is tight. Am i right in thinking if i reply with in the 18 days the following letter it will go away as they are just using bully boy tactics

 

Dear Sir/Madam

Acc/Ref No 4563210025897412

 

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

 

We 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.”

 

We 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”.

 

I have never acknowledged the debt so 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 me 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

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

 

We look forward to your reply.

 

Yours faithfully

 

[angryandy]

That's the letter. Report them to the OFT and TS as soon as possible. Do not phone these losers and never sign your name.

Try not to panic. You won't lose your home and after that letter they should crawl under a rock.

[lancashire las]

thank's i'll send that to them tomorrow (remembering not to sign it) should i also enclose a paragraphy stating that i will be sending a copy of both letters to the OFt and TS? i presume TS is trading standards who are oft?

[lilly white]

Good evening and welcome/

 

As you are aware these people try to scare people in to paying.

 

Also you must report them and you must take action and have this set a side,

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170865-stat-demand-capquest-costs.html

[lancashire las]

hi lilly white, will it not be set a side just by sending the letter, or do i need to do something else?

[saintly_1]

If you have received a stat demand then you must apply for it to be set aside to do this you will need forms 6.4 and 6.5 from here Forms

 

This needs to be done at the nearest county court that deals with bankruptcy to find your nearest one have a look here Her Majesty's Courts Service - Court Information and Addresses

 

 

Also have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205487-capquest-statutory-demand-urgent-2.html#post2241838

 

saint

[lilly white]

Read the treads as advice down load the forms need any help with them shout

Also we are aware how you feel, however be assured that we will help you to get through this.

So take control take action,

The temerity of these people (DCA), they just send out SD them and hope that you will not take action

TOTHEM IT IS THE NUMBER GAMES DO NOT PLAY THIS GAME.

Please sleep well you are in safe hands

[lancashire las]

thanks for that saintly, the forms state to put dates and times for court, how do i know them as the stat demand doesn't give them

[lancashire las]

also what do i do if my set a side is declined can i then agree a payment plan if needs be, before they declare me bankrupt and take my house of me for £1146.50

[PGH7447]

is it me or are we seeing a rash of Stat demands from this lowlife company again, one would have thought they would have learnt by now, it's time that the OFT got involved

[saintly_1]

is it me or are we seeing a rash of Stat demands from this lowlife company again, one would have thought they would have learnt by now, it's time that the OFT got involved

They do seem to come in batches

 

Rather like buses you dont see one for a while then they all come at once

[saintly_1]

the debt is well stat barred so i cant see the set aside failing

[lancashire las]

hi i have sent my letter to capquest as above asking them to prove it, i'm now looking at doing the 6.4 and 6.5 form to have it set aside. The forms are asking for dates and times of hearings etc. my letter from capquest only gives the name of the court nothing else, also the letter was sent by normal post so how can they prove when the 18 days.

[42man]

Hi LL....apologies as I hadn't seen this before....firstly if you haven't already PLEASE report this to the OFT...you will need to set this aside at the nearest county court to you that handle bankruptcies...please note that you should ring the court named on the demand to check they handle bankruptcies, if it isn't then it could possibly be an abuse of the process, you've got 18 days from the date you received it to set it aside, and you'll need to submit forms 6.4 (set aside) and 6.5 (affadavit).....they are trying to collect on a debt that is statute barred !!! set this aside !!! Using the Insolvency Service to collect debts is generally frowned on by the judiciary.....(let alone the debt being statute barred).....

 

You will get a date once you take the forms 6.4 and 6.5 to the court (along with the original sat demand) - take copies of everything....Capquest will NOT turn up to court !!! Another debt collection agency had requirements placed on them earlier this year for doing JUST this - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

 

you can find the forms electronically here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

And you will find PLENTY of examples of affadavits in here - DCA Legal Successes - The Consumer Forums

 

If you aren't sure of what to do then please shout...you MUST report this to the OFT....

[42man]

It is likely CQ KNOW that this is statute barred, they are hoping you will not know your rights and will crawl under a rock.....