Statutory demand for bankruptcy from Cap Quest

[joesmummy]

Hi there, I am seeking advice and would be very grateful for comments/advice on this matter.

I am being chased for a Halifax debt that is over 10 years old. I recieved a letter from CapQuest this morning it said:

"On 19th Sept 08, a statutory demand for bankruptcy was sent to you, which we have not recieved a positive contact from (Please note, I have never recieved anything of this nature from Halifax or CapQuest, in fact I have had not contact from either for years!)

We therefore have no alternative but to instruct our field agents ScotCall to attend your address and personally serve the statutory demand for bankruptcy. If satisfactory service has been achieved by the agent, they will sign a witness statement that a personal service has been achieved, which may be required by the court....it then goes on about costs incurred etc and says that I must contact them and enter into a repayment agreement. They claim the balance due is £1266.62.

 

I am extremely unsure what to do now. I have had no contact with either company for AT LEAST ten years, I have read about statute barring and CCA's but I dont fully understand the process. I would be grateful for some advice please. Many thanks.

[cerberusalert]

If you have not made a payment or written acknowledgement of the debt for six years (five in Scotland) it will be Statute Barred & they cannot take any enforcement action, send the idiots this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[joesmummy]

many thanks for that. I had no idea that you could be made bankrupt just like that. i have no other debts, i have a credit card which i pay ever month but that is up to date. How can they write letters like that threatening bankruptcy?

[cerberusalert]

They can't & they've been warned in the past for using these tactics. Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[42man]

I would urge you to report this to the OFT, they are building quite a file on this company. Next you should attempt to get it set aside. They must know that the debt is statute barred, and sending a statutory demand in this situation is an unlawful abuse of the Insolvency service and an attempt to scare you into paying.....there are PLEANTY of other threads in here, please do have a look at them - DCA Legal Successes - The Consumer Forums

[bigandyuk1]

Once again "When,maybe,If and all other cases of we might" Capquests speciality threat machine at work!! Please Report the idiots!!

 

Regards

Bigandy

[palomino]

Next you should attempt to get it set aside.

 

42man, it hasn't been served yet! But when it is then you're correct.

[diddydicky]

for the general information of caggers reading this post you should note that the rules of service of a stat demand are VERY strict

 

basically if the notice is posted to you NOT SIGNED FOR - it is not worth a light and you are best advised to TOTALLY ignore it.

 

the notice has to be sent signed for (by the person named in the SD not anyone else in the house) OR served personally by a process server

 

it is accepted that it would be bad practice for the petitioner himself ( or his employees) to act as process server and if there is any doubt raised as to service in person the court would be less than impressed if the process server had any connection to the petitioner (for obvious reasons)

[debt4get]

how about if we start sending copies of all these letters to the wonderful csa, who state in their blurb...companies may not make threats of bankruptcy, bailiffs etc etc.. if enough of us send these to them we should be able to drown them in paperwork, they'd probably have to open a warehouse to house them all

[joesmummy]

Hi there, have used this site before and it has always been brilliant for help and advice so I am back again!!

My partnet have just been served with a statutory demand for bankruptcy from Capquest. It was hand delivered by a "gentelman" and is dated 27th April 2010.

It is for a Halifax Credit Card that was taken out on 16/3/2004 and is for the amount of £1315. It is in his name and taken out from this address.

The problem is that he did not live here in 2004!

I spoke to a very rude lady at capquest who told me that the last payment to the halifax was made on 23/08/06, a payment of £95. then on 13th July 2007 a cheque was sent to Capquest, who had by then taken over the account, for £106 and a further payment of £100 was paid to them on 28th July 2007, apparantley this was made at a bank but she would not say which bank! We have had letters from capquest before and we contacted Halifax to tell them that we suspected that this was a case of identity theft and they promised that they would put things on hold and look into it. We heard nothing more and assumed the matter was cloesed....until about two hours ago!!! The person from capquest has told me i need to send them a signed letter of dispute and a £10 cheque and ask to see the original credit agreement. Now, I think this is a bit strange as I thought it was £1 you had to send??? Could some one please advise me of which letters I should be sending and to whom and what i should be asking for etc etc? I would be very grateful for your help. Look forward to hearing from some of you soon, regards, joesmummy.

[PGH7447]

Hi there, have used this site before and it has always been brilliant for help and advice so I am back again!!

My partnet have just been served with a statutory demand for bankruptcy from Capquest. It was hand delivered by a "gentelman" and is dated 27th April 2010. - this needs to be set aside as a priority

It is for a Halifax Credit Card that was taken out on 16/3/2004 and is for the amount of £1315. It is in his name and taken out from this address.

The problem is that he did not live here in 2004! do you have the CCA agreement of is this what they are saying?

 

I spoke to a very rude lady no suprise there then at capquest who told me that the last payment to the halifax was made on 23/08/06, a payment of £95. did you make a payment?

 

then on 13th July 2007 a cheque was sent to Capquest, who had by then taken over the account, for £106 and a further payment of £100 was paid to them on 28th July 2007, as above

 

apparantley this was made at a bank but she would not say which bank!

 

We have had letters from capquest before and we contacted when? Halifax to tell them that we suspected that this was a case of identity theft and they promised that they would put things on hold and look into it. We heard nothing more and assumed the matter was cloesed....until about two hours ago!!!

 

The person from capquest has told me i need to send them a signed letter of dispute and a £10 cheque bull****e and ask to see the original credit agreement. Now, I think this is a bit strange as I thought it was £1 it is you had to send??? Could some one please advise me of which letters I should be sending and to whom and what i should be asking for etc etc? I would be very grateful for your help. Look forward to hearing from some of you soon, regards, joesmummy.

 

you send the CCA request to crapquest, also write to Halicrap and demand to know what has happened to your concerns re identity theft and if they have not concluded thier investigations why has it been passed to this company.

 

Also have you recieved a notice of assignment from halicrap at any time

[joesmummy]

hi there, thanks for looking. At present the person at Capquest has put things on hold for 14 days, pending the letters and cheque she asked me to send. We DO NOT have the CCA and my partner DID NOT apply for or have this credit card and he has NEVER signed anything or made any payments on the account. We have never recieved anything from Halifax, only from capquest.

[PGH7447]

OK - so you send capquest the CCA with a £1 postal order, and you contact halicrap with something like this

 

Dear idiots

 

On date we contacted you about a possible fraudulent case of identity theft reagarding XXXX, at which time you promised to investigate.

 

On date We have received from CAPQuest a debt collecting agency, employed by yourselves to collect the aforementioned debt, a statutary demanda debt we have already raised with you has being an obvious case of identity theft, a case which you promised to investigate but whivh you obvioulsy have not.

 

We now require a written assurance within 7 days that this alledged debt will be reclaimed from capquest and that any and all action started by this comapny is stopped.

 

If this is not forth comming I will have no alternative than to report both you and capquest to the QFT and FSA for your actions.

 

Take note if the action threatened by capquest on your behalf is continued I will be looking for restitution from both your self and capquest for damages to my name, and my credit rating, and for stress and anxiety caused by these unlawful attempts to pass this alledged debt onto myself.

 

 

------

 

Send capquest a copy alongside the cca request and put in big bold type so they can read it

 

I DO NOT REcognise any debt to you or any comapny you represent

 

and

 

VALID EVEN IF NOT READ BY YOU

[joesmummy]

Hi, I posted on here a couple of weeks ago regarding a problem with Capquest and a fraudulent Halifax Credit card.

I sent off a CCA request to Capquest after they issued a Statutory Demand for Bankruptcy. I also sent a letter to Halifax explaining that in November 2009 I contacted them regarding a fraudulent credit card application, which they promised to look into but haven't and asking them to a) take the alleged debt back from Capquest and b) look into the matter fully. (I sent a copy of this letter to Crapquest too). I sent them both recorded delivery on 22/5/10. I got a letter back today from Halifax saying that they no longer own the debt and all correspondence must be with Crapquest.

Now, there has definately been a fraudulent card application. The card was taken out in March 2004, in my partners name, at our address, trouble is, he did not move in here unitl 2006!!

What else can I do to sort this out?

Halifax don't want to know even though when we spoke to htem on Nov 09 they promised to look into it. I know how evil Capquest are and I want to arm myself woth as much ammo as I can!!

Any advice would be greatfully recieved! Capquest are by far the most VILE bunch of people I have ever had to deal with and I don't want to be scared of them any more! Thanks in advance.

[maroondevo52]

Hi, joesmummy.

 

I have merged your three threads on this subject, makes it easier for people to help you when they know what advice you have already been given.

 

Please continue to post on this thread.

 

Thanks,

 

 

Scott.

[joesmummy]

ok, thanks for that.

[Seminole]

How do you know that it was taken out at your current address? The address on the SD might at your house because that is where he is now living.

[joesmummy]

We know because we spoke to Capquest and that was the information they gave us. 16th March 2004.

[joesmummy]

Should also mention that after going through every bit of paperwork in the house I have found an invoice for deposit on a property, on headed paper, from a residential lettings company in Somerset, dated 27th March 2004, with his old address on (Wincanton, Somerset)!!!! Will that be enough to stop Capquest???

[Seminole]

Apologies for the next question which is personal. Were you living in your current property in 2004 and did you know your partner at the time?

[joesmummy]

No, we moved in on 2/1/06 My partner knew the previous occupant of the property. And no, I did not know my partner in 2004 but I really do not see waht that has to do with anything. He has been the victim of identity theft. He lived in a completely different county in 2004.

[Seminole]

No, we moved in on 2/1/06 My partner knew the previous occupant of the property. And no, I did not know my partner in 2004 but I really do not see waht that has to do with anything. He has been the victim of identity theft. He lived in a completely different county in 2004.

 

Thank you for the clarification. I was struggling to understand how he might have been connected to the property in 2004. It would have been an impossible coincidence for credit to have been taken out at that address if he didn't have any connection to it.

 

I think there are a couple of ways forward. The first is to establish a residential history for your partner since 2004. The evidence you have is a good start but anything else he can gather by way of bills or bank statements would be good. It might also be worth getting his credit file from one of the credit reference agencies as this will show both address history and a financial background elsewhere.

 

If you do believe that this was ID theft, then you should report the matter to the police, explaining the background and asking for a crime reference number. You should then write to the original creditor (copy to Capquest) stating that you have done this. You should suggest to Capquest that they withdraw the SD but make an application to have it set aside in any event. I'm not up to date with the process for doing this but others will no doubt help.

[joesmummy]

I have already written to the original creditor, Halifax, but they sent a letter back, which we got today, stating that they no longer had anything to do with the account.

[joesmummy]

We are also struggling to understand how payments have been made on the account. We have not paid them, one was allegedly paid by cheque and neither of us have, or have ever had a cheque book!!

[Seminole]

Typical. I still think you should write to Capquest along the lines I suggested and report the matter to the police.