Capquest issued SD even though I'm paying them

[dasher60]

Hello all

 

Been a while since I've posted, however I would appreciate some advice. I had a credit card with Marbles, and when times got hard, I went into a payment arrangement with them. They subsequently sold the debt to Capquest, and after a while Capquest wrote to me with a 'limited time offer' to restart the payments at the (low) level I was doing with Marbles. They also offered to put a percentage in for every payment I made. When I phoned up to take up the offer, I was told that the offer had expired 10 days previously (3 days after their letter was dated) despite their letter giving a different date, and I phoned before the date stated in the letter. They asked me to send in I&E details before they would consider an arrangement (despite their original letter not requiring this), and then wrote to me accepting my £12 per month payment offer. I've paid this each month since September 09 (when the arrangement started), but was a couple of days late last month - didn't have the money, quite simply. Now Capquest has issued a Stat. Demand on the basis that 'I have failed to respond positively to their previous correspondence'. Surely the fact that I have provided them with I&E details and they have written back confirming the arrangement is 'responding positively'???? I'm going to apply to have the demand set aside as I'm convinced it's just the usual scare tactics to pressurise me to pay more money and it's an abuse of process - they could have taken me to Court to get a CCJ, but the judge would probably agree a low payment. What do you think????

[PGH7447]

I think you should stop talking to these cretins on the phone, get the sd set aside and send them a cca request by return.

 

also there is no requirement for you to supply these creaturse any I&E information, frankly it is none of their business

[Deb T]

Do you own your own property or have any realisable assets?

[dasher60]

Own the house jointly with my OH - but if we were forced to sell, the arrears and early termination charges on the mortgage will wipe out any supposed 'profit', so they would get precisely nothing!!

[Deb T]

They probably won't realise that when/if pursuing the debt via the stat demand.

 

I am not sure on the methods of CapQuest but there others here that do but I hold with your opinion that it is their own way of attempting to scare you.

 

Was the demand served on your personally? or sent recorded? It makes a difference as to it's validity or whether it was a threat?

[Deb T]

See here

Legal Issues Explained - Statutory Demand

 

Particularly this part

Please note that a statutory demand in 90% of instances is 'bluffing technique'

[dasher60]

It was sent by 1st class post - not recorded.

[Deb T]

Therefore I think you have you answer ...it's a bluff, nothing more.

 

Quit speaking to them on the phone, it's not doing you any good and if I were you and assuming you have acknowledged you owe the money is to continue to make payments to them at the same level as you have been and ignore any attempt by them to try and get you to up your payments etc. You cannot pay what you cannot afford.

[dasher60]

Thanks Deb, that's what I thought. I'm sure this has all come about because I was a couple of days late with November's payment - but I still paid it, and have just paid December's. I'm going to apply for set aside on the basis that I am paying the debt at an agreed rate (a rate suggested by them, in fact) and they haven't notified me in writing that the arrangement has been terminated. Thanks for your help

[GAVBU28]

Got to say that seems very harsh that they’ve taken such action after missing 1 payment that was a few days late. I think 1st credit got slapped hands recently for issuing stat demands like confetti, maybe capquest will get the same if adopting such action.

 

Its very important that you action the stat demand within the timescale and just get it set aside.

 

Pathetic capquest.

[dasher60]

That's what I thought. I've got a copy of the CSA's guidelines - Capquest are members, and from what I can see they've breached a few of the guidelines by their actions in issuing the SD - without even considering what OFT guidelines they've breached!!

[Deb T]

I'm not sure you'll have to do anything but a more learned cagger will most likely give the sp on what if anything you should do but for me given that it was not sent recorded it is in my opinion of no legal validity but instead is designed to scare.

 

One thing I would be doing is making a complaint to the OFT under their Debt Collction Guidance

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

 

At the same time as this and giving Capquest some work to do is send them either CCA request of if they have sent you an assignment notice where title in full has been passed to them (as in they own your debt and not just collecting it on behalf of the OC) to see if you actually owe them the money.. or and if you're sure they actually own the debt (and not just by them telling you that they do) send them a SARS request and see exactly what documentation they have on you and which should contain reference to any assignments of the debt etc.

 

CCA (consumer credit agreement) request costs a £1 send recorded, don't sign with your usual signature or simply print your name and send it as a postal order.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

or If it's Sars request (Subject Access Request) it's the same rap as above except it costs £10

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Just because Capquest say they own it doesn't mean they do, just because they send you a stat demand it doesn't mean that it's legal o they intend to pursue etc.

 

Put them filthy oiks to work and see just how strong their hand is.

[PGH7447]

if you phone the threat monkey named on the SD and they refuse to take the call or you are not put through then that is a vlaid reason to get it set aside.

 

it i sprobably some nerd in the threat centre after his xmas bonus that thinks by issuing this you will cough up more.

 

report them to the oft for issuing a stat demand for no reason whatsoever

[GAVBU28]

The stat demand, regardless of its validity, must be actioned accordingly as this will go before a judge.

 

I was served with one last year, by post, and that was the advice I received at the time.

 

I eventually had to go before the judge, which is why I’m saying action the demand, he threw out the case because the other side didn’t put up a defence and basically just wasted the courts time. You can claim costs from capquest should this get that far.

 

Hope that helps.

[Zimmie]

Dasher, I've got the same problem with Crapquest. I've been paying the amount they asked for for 3 years, have constantly been bombarded with threatograms saying I'm ignoring them/not paying. I sent a formal complaint which they totally ignored. Last week they issued me with an SD too. I can't put hat I really think of them on here, but suffice to say I really don't like them and hope that all of the Crapquest people have a much worse Christmas than the one I will be having...which thanks to them won't be a happy one.

 

Good luck with your set aside Dasher.

[42man]

Dasher, have you heard any more on this...you MUST report this action by them to the Office Of Fair Trading....

 

It might even be worth writing to Gareth Thomas - MP HArrow and also Undersecretary Of State For Trade And Consumer Affairs, he also pulls some strings with the OFT...this is what he wrote back in 2009

 

QUOTE "Debt collectors who issue stat demands without giving debtors reasonable opportunities to agree a repayment schedule are likely to be in breach of the OFT's debt collection guidance. This guidance outlines the type of business practice that the OFT consider unfair and therefore incompatible with fitness to hold a consumer credit licence.

 

In addition to this, the government has recently strengthened the OFT regime to give them greater powers to investigate and take action against unscrupulous or incompetent firms. The OFT will be targetting its monitoring and scrutiny activities on debt collectors.

 

If you wish to comment on a company's non-compliance with the OFT's guidance, you can do so by going to the OFT website and downloading a complaints form, which has been established so that debtors and their representatives can provide them with the information they need in order to investigate complaints quickly and effectively. The form can be found at: The Office of Fair Trading: Debt collection practices "