Have copied from other forum as I think I shoud be here ???

[huntersinn]

a few thing I wish to put before you I would like some immediate response if poss on the following

 

Am I in the right place to post re Cap Quest, and first credit/Mckenzie hall

Cabot/Fire for starters.

 

The most immediate is Cap Quest, letter stating Stat demand 18 days to respond or else, well got it a few days ago and did not open 22nd is 18 days up.

This letter is not from a court but from them Cap quest.

 

I am 67 and a few probs re loss of job late in life and illness etc.

I have been ill with a lot of worry and thought I was over it a while back when I posted here under another user name and a result could not hold things together to write and post.

I think I am better much better than I was.

 

So am I in the right place to give more detail and ask questions or do I need to be moved and if I am moved please tell me where.

Cap quest said the debt is re Cap 1 bank card 2000 and I have a letter among others where in 2007 they said if I did not pay this that and the other they would take legal action well in 2010 I guess this it.

 

More to follow if In the right place, many thanks in anticipation.

[palomino]

You're more or less in the right place, however there is a parallel forum called 'Formal Solutions ...' which you should also look at.

 

The Statutory Demand is serious. As you note it is from the DCA directly and (as yet) hasn't been near a court. Once the 18 days are up then the DCA can petition for your bankruptcy - with all the consequences. But we'll put that to one side for the moment.

 

From your explanation the debt may be statute-barred. When did you last make a payment? When did you last acknowledge the debt?

If both of these are more than six years ago then the debt is statute-barred.

Is there any dispute that the debt is owed? Or that the amount claimed is correct?

There is a panel on the SD form which should contain contact details for the claimant. You should try ringing the number as if it isn't answered then the SD is invalid.

 

Perhaps you could describe the circumstances a little more fully.

 

In any case you need to apply to have the Statutory Demand set aside. You have to complete form 6.4. This should be available from your local County Court (I can't find it on the HMCS website). There are some notes here http://www.hmcourts-service.gov.uk/courtfinder/forms/LOC011_form.pdf which you should also read.

Your application needs to be lodged within 18 days of receipt. You now have only a couple of days to do this so hopefully you can get it sorted out very quickly.

There is no fee for submitting this form.

 

Do you know where to find your nearest County Court?

Edited January 19, 2010 by palomino

[babybear39]

Make sure with the court that they handle BR as some don't

[dx100uk]

TBH: this sounds like a phishing trip.

std letter for cap quest.

 

trying to make the alleged debtor contact them on a debt that is most prob statute barred.

 

me, i'd ignore it.

 

dx

[huntersinn]

HI and thanks palomino

 

I have made a 3 or 4 payments in 2007and this is when I am told in letter it was assiged to CAP quest from Cap 1 bank. amount owing is £1500

 

the contact is Barry Davies

 

all rights so I am told passed to Capquest on 27/4/07

 

it was/is a credit card debt

 

I have a letter from them re 2008 where they offer settlement on payment of £950

[dx100uk]

if CQ are offering a settlement LOWER than what is actually outstanding i bet my bottom dollar they dont have any paperwork.

 

CCA them

 

dx

[palomino]

If you last made a payment in 2007 then the debt is not statute barred.

[palomino]

TBH: this sounds like a phishing trip.

std letter for cap quest.

 

trying to make the alleged debtor contact them on a debt that is most prob statute barred.

 

me, i'd ignore it.

 

dx

 

A Statutory Demand is the required precursor to a bankruptcy petition. Telling the OP to ignore it is grossly irresponsible.

I am well aware that the creditor probably won't proceed with a bankruptcy petition but this is not guaranteed.

[Joijo]

I would CCA them. I got a Statutiry Demand letter from Ruthbridge a few years back and heard nothing from them. I would also definately file the form for court as you do not want it going any further than needs be. (Plus i dont know the rules for courts for the UK)

 

CCA them today and make sure you send it next day recorded delivery.

[palomino]

huntersinn : the deadline for having this Statutory Demand set aside is approaching rapidly. Hence we need to get moving.

 

Can you help with the answers to the following -

- when is the Statutory Demand dated?

- when exactly did you receive the Statutory Demand?

- how was delivered?

- have your tried ringing the contact? If that person answers then just hang up. If someone else answers then ask for the person named on the SD. If the person is not available or if no-one answers at all then that can make the SD invalid.

- is the amount claimed correct?

- do you know where you local County Court is?

 

The debt is not statute-barred so you obviously cannot use that as grounds for having the SD set aside.

There is now insufficient time left to request any documents that could be relevant , and in any case it appears from what you have described that procedure carried by Capital One and Capquest is correct.

 

Another poster has rightly pointed out that Capquest, by offering a settlement amount less than is now being claimed, have no real intention of proceding to a bankruptcy petition. However we still need to deal with the situation as it stands at the moment and try to get the SD set aside.

[dx100uk]

it would be nice if we could see a scan of the letter whereby SD is mentioned.

 

i am wondering if this is all it is, just a mention of it, not actually that they have one.

 

dx

[babybear39]

I'm flagging your thread to the site team as you obviously need help with this ASAP.

 

Good luck and best wishes,

 

BB

[MARTIN3030]

I think the OP is getting good help here-they need to answer the questions posed.