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mabski

Capquest chasing OH's 1995 Cat debt - statute barred letter -what next

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hi all

crapquest dca have recently started chasing my wife for a littlewoods debt going back to 1995. as she hasnt paid or contacted them since before we met i used a statute barred letter of here and sent it to them on monday .

today she recieved a letter from crapquest saying the account is now on hold and that they look forward to hearing from her.

so my question now is where do i go from here ,do i need to send a follow up letter or is there something else i need to do

thanks in advance for any replies

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They have heard from her with the statute barred letter!!

 

I would leave it now and see what they come back with.


Andy...

 

 

 

 

 

 

 

 

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They have heard from her with the statute barred letter!!

 

I would leave it now and see what they come back with.

 

 

precisely!!:D


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hi all

last week my missus received what i thought was just another dca letter demanding payment of a debt to littlewoods going back to 1995.

 

i replied with a statute barred letter and got a reply back from them just stating that the "account was on hold"

 

i thought this meant that they had realised that that could no longer pursue it and that was that

but after reading another thread i have realised that this original letter was actually a statutory demand and not just another threatening letter.

 

its got me thinking ,was their reply because of my letter or because they are waiting on the outcome of their SD.

 

a few people have mentioned getting the SD set aside,

but what exactly do i need to do to achieve this?

 

is there some form i need to fill in ,

do i need to contact the courts and apply or do i need to pay a solicitor to defend it?

 

any help would be appreiciated as im starting to worry now

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Mabski, firstly many thanks for starting a new thread....have a read through this thread here as it sounds a similar one to yourself.....I urge you to PLEASE report this to the OFT too - have a read of this thread..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/212003-stat-demand-capquest.html

 

Is there a court named on your demand ? is it your nearest ? give them a call to check they handle bankruptcies/insolvencies as not all County Courts do.....

 

You need to fill out forms 6.4 (set aside) and 6.5 (affadavit), with these and the original demand, you need to take them to your local court that handle bankruptcies and ask the court to 'swear' in all the documents and any accompanying correspondence.....(it might be worth sending off a CCA request to CQ too)....

 

You have got to apply to set aside the demand within 18 days of receiving it.....

 

Also have a read of this here as another DCA was slapped by restrictions earlier this year for sending out statutory demands, in general judges do not like the Insolvency Service used as a tool for debt collection... - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

 

This will give you an idea of how to fill out the 6.4 and for the affadavit you can use extra blank sheets....have a read of the affadavit in the 1st thread I gave, try and understand what is being said, I have never heard of CQ going to court themselves to defend an affadavit....your costs have to be in to the court 24 hours before your hearing which will follow your application to set aside the demand.....

 

Help with 6.4 here..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred-2.html#post1749288

 

You will also find a LOT of other CQ threads here - DCA Legal Successes - The Consumer Forums


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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If the court named on the demand does not handle bankruptcies, then it is an abuse of the process.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And if you need any help please do shout !!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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thanks for the advice 42man.

the court mentioned on the SD is xxxxxx county court. i dont know if they deal with bankrupcies there but there was no date given for the hearing just a load of legal jargon that i dont understand and the solicitors name which was barry something.

as soon as i get out of work i'l give the court a ring and ask them if they do deal with bankruptcies then i'll try to make sense of what i need to do.

thanks again

Edited by 42man

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Court is the correct one, if it is the nearest to you....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If you need help understanding the affadavit then let me know...but i'm sure you'll spend some time researching what has been said anyway. You can find forms 6.4 and 6.5 here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html - remember to take copies of everyting for yourself too...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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