A friend in need vs Capquest

[Landy]

Have a friend who has a debt problem with a few debt companies chasing her, she asked for my help and I was happy to do so but she wanted she wanted to deal with them one at a time fair enough.

We dealt with the first one as they failed to provide a CCA request and heard nothing since.

But before the next one (I am not privy to how many she has) she received a statutory notice from Capquest. The story as I understand it is that its from a credit card which she has been paying until has became seriously ill, they agreed to a lower payment and the debt was passed to Crapquest.

Managed for some time (years she says) no problems, she paid what she could on a budget but as the norm they keep asking for more but they have becoming more aggressive recently refusing her payment.

Then last week she received the statutory notice, on Friday I gave her a CCA letter which she sent by recorded delivery.

Interestingly she is on incapacity benefit and lives in furnished rented accommodation (me and my Mrs) and no assets or savings of any kind.

On that premise she says she is not bothered by the statutory notice as they can’t touch her incapacity benefit and nothing of value they can take off her.

Thoughts ladies and gentlemen please.

[cerberusalert]

A statutory demand gives a person 21 days warning to pay the debt. After that the statutory demand has run it course and it can followed by a bankruptcy petition.

 

In the minds of a creditor or a creditor’s solicitor a statutory demand is the legal equivalent of a 'warning shot from a gun'. This is because the average debtor is so scared by 'what may follow' that they usually pay up.

 

In fact statutory demands are so successful that in 99% of cases following the issue of a statutory demand a bankruptcy petition NEVER is issued.

 

Please note that a statutory demand in 90% of instances is 'bluffing technique' used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent.

[debt4get]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215913-capquest-stat-demands-fighting.html

suggest you have a look at this capquest thread and the underhand way they are issuing these demands

[debt4get]

you could apply to have the sd set aside

[lilly white]

ok to you.

 

what do you want her to do

 

1 set aside

 

2 thank them

 

3 wait to go bankrupe,if they go that way

 

my understanding is that they are going the 1st credit way.

[Landy]

Discussed this with her and her opinion (right or wrong) is with no assets she has nothing to offer except a token payment therefore if they want to petition for bankruptcy that’s up to them.

She thinks that they cannot make her bankrupt as you have to sign the petition and the fact it costs as she has not money to pay for bankruptcy.

As she has no/little future (true) there is little they could do to her.

My question is this flawed thinking and what argument should I put to her to fight/defend this action.

[lilly white]

ok if she wants to set asde so be it.

 

down load the forms and attend to that

[lilly white]

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

http://www.consumeractiongroup.co.uk...statutory.ht

[lilly white]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/197272-recieved-connaught-statutory-demand.html

 

have a read

 

we do not admit the allged debt at all

[meols cop]

Was it a legitimate Stat Demand?

 

Or one of those " We intend to serve a Stat Demand on..."? threat letters

[alisindebt]

Well, I never took CapQuest too seriously when they contacted me. They are notorious liars and cheats. They purchased an old Egg loan, which had previously been set aside by the county court.

 

Actually, a previously disputed account cannot be sold to a DCA, but Egg pulled a fast one on CapQuest and duped them into buying the account. Nice one, Egg, you C**pped on CrapQuest.

 

I played along with CapQuest, a lady by the name of Anne McShane was assigned to "help" me, as she put it.

 

For over 12 months she kept sending ridiculous emails, asking for payments. I played along with her, even doing a CCA on them. They fought tooth and nail not to send it, citing the DPA, etc. Eventually, they sent it.

 

However, the CCA was non-compliant and I sent a dispute letter to them, which halts all collections activity, interest and reporting to third parties.

 

My "helper", Anne McShane, still keptsending emails asking for payments. on one day she sent several emails. One simply said "please respond", and she sent it less than 20 minutes after sending the previous one. (Harassment springs to mind).

 

I took great pleasure in finally sending them a copy of the county court set-aside letter that I had received back in 2005, explaining to those morons that it was illegal for them to even have purchased the debt, let alone for Anne McShane to have emailed me so many times trying to make a collection.

 

Having realised that they had been rumbled, CapQuest closed the account and said that they had made a mistake.

 

I called my "helper" Anne to ask for a refund of payments made to them and was greated with a torrent of abuse. I explained to her that it was a collection call-I made several such calls-and explained to her that if she preferred, I could call her out of office hours on her mobile or home numbers, or alternatively arrange for a "doorstep" collector to call.

 

I can't understand why she became so angry?

 

It now transpires that her direct telephone line is no longer in use.

 

However, she did upset a lot of people and her details were publicized widely on the internet. It appears that she got multiple calls and emails from all sorts of people: debt collectors, insurance quotes, car hire quotes, double glazing quotes, etc.

 

Perhaps this is a classic case of someone who is happy giving out s**t but not taking it?

[trumpetmaest]

Capquest are slippery customers, but dont let them get away with this.

Check out my thread. I had lots of ups and downs but with the support from people on here got through it and gave them a bloody nose.

[Landy]

My friend received a reply mid last week she said they have sent it and Ill have to pay.

As she was quite upset I asked if she wouldn’t mine if I could see it and found it to be an application form so Mon they will receive an account in dispute letter.

 

Not sure what happens to the statutory notice now ??

[Landy]

My friend received this :-

http://i652.photobucket.com/albums/uu247/Merganser/edited.jpg

 

any thoughts on a suitable reply please.

 

My initial thought would be to refute their thought that they have provided a copy of the agreement which they sent a copy of the application form.

 

second is data processing and the defaults

 

most important is the acrewing of further interest even though on the face of is they at this time cannot collect on the dept.

[alisindebt]

My friend received this :-

http://i652.photobucket.com/albums/uu247/Merganser/edited.jpg

 

any thoughts on a suitable reply please.

 

My initial thought would be to refute their thought that they have provided a copy of the agreement which they sent a copy of the application form.

 

second is data processing and the defaults

 

most important is the acrewing of further interest even though on the face of is they at this time cannot collect on the dept.

 

Haha. IDENTICAL letter to mine and they lie as always. It is unlawful to add interest, ask for payments or contact third parties when an account is disputed.

 

In my case, the CCA was a pile of unenforceable junk, although of course they claimed that any dispute was "unfounded". However, I proved a prior dispute with the OC, as I had previously had a CCJ set aside on the account. CapQuest closed the account.

 

Of course, they still registered a default on my CRA file which I am trying to get removed. CapQuest will lie through their teeth, so watch out.

[mr.ton]

What a load of waffle from Capquest.

Report them to the OFT,trading standards & the info commissoner.

[alisindebt]

I did so! I have other threads in the relevant places here. Please look at them and.....enjoy? Or be angry?

[silverfox1961]

Hi

Can I ask for your input on this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands