Scary letter from Capquest

[burkey38]

Hi

 

Received a scary letter from Capquest last Thursday. Dont have a scanner so I'll type it up cos I'm running out of time.

 

Debt Purchased From: Capital One Bank Limited

Balance: £9573.39

 

 

Despite our numerous atempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position, based on the information we currently hold, are now complete and it is unfortunate that we find ourselves preparing as Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 which will be completed on or around the 9th April 2010 which will be served upon you.

 

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand as set out in the appropriate notes within the demand, you could be made Bankrupt and your property and goods taken away from you.

 

Any application to set aside the demand(form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit(Form 6.5 in Schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

 

Remember: From the date of service of the Statutory Demand

(a) You only have 18 days to apply to the court to have the demand set aside, and

(b) You only have 21 days before we may present a bankruptcy petition.

 

You can stop this by contacting us now on 0871 527 0327 calls charged at 10p per minute from a landline quoting ref: 27F536.

 

As one last conciliatory gesture, we are offering you the opportunity to clear this account and for all by pating a settlement of £5744.03. This is subject to you accepting the offer by 09 April 2010. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.

 

 

 

I've already requested the agreement and received one from 2003 seemingly identical to this one

 

 

 

 

 

 

 

 

I received SAR from Capital One in October 2009 and ther may be charges that I can go after. There was no letter of assignment in the information I received either.

 

I have requested a notice of assignment in writing along with details of all payments made to Capquest in writing twice now and heard nothing from them uintil i received this letter.

 

Any advice would be appreciated as I'm a little worried

 

Thanks

 

G

[fuzzybobble]

Is the so called agreement dated 1999? It's a little hard to read.

If it's before 2007, then it's likely they have sent you one page of the application form, and then added terms and conditions containing the pescribed terms to try and make it look valid. Problem is, there is nothing to link the two pages together as one document.

 

I would write to them and ask, is what they sent a reconstructed agreement, or a true copy of the actual document.

 

I have still yet to see a valid agreement from Crap One that was dated before 2007.

 

Also the difference in the shading of the two documents gives it away. One is much darker than the other, and that is usually a sign each page was produced on different equipment.

 

If they had sent me those. I'd be telling them to go take a hike.

Edited April 6, 2010 by fuzzybobble

[MARTIN3030]

 

Scary letter from Capquest

Hi

 

Received a scary letter from Capquest last Thursday. Dont have a scanner so I'll type it up cos I'm running out of time.

 

Debt Purchased From: Capital One Bank Limited

Balance: £9573.39

 

 

Despite our numerous atempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position, based on the information we currently hold, are now complete and it is unfortunate that we find ourselves preparing as Statutory Demand under section 268(1)(a) of the Insolvency Act 1986 which will be completed on or around the 9th April 2010 which will be served upon you.

 

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand as set out in the appropriate notes within the demand, you could be made Bankrupt and your property and goods taken away from you.

 

Any application to set aside the demand(form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit(Form 6.5 in Schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

 

Remember: From the date of service of the Statutory Demand

(a) You only have 18 days to apply to the court to have the demand set aside, and

(b) You only have 21 days before we may present a bankruptcy petition.

 

You can stop this by contacting us now on 0871 527 0327 calls charged at 10p per minute from a landline quoting ref: 27F536.

 

As one last conciliatory gesture, we are offering you the opportunity to clear this account and for all by pating a settlement of £5744.03. This is subject to you accepting the offer by 09 April 2010. This settlement can be over a time period that can be negotiated around your current circumstances. Alternative proposals will also be considered.

 

 

 

I've already requested the agreement and received one from 2003 seemingly identical to this one

 

 

 

 

 

 

 

 

"I received Subject access request from Capital One in October 2009 and ther may be charges that I can go after."

 

 

Have you not worked them out yet ?

[fuzzybobble]

It's not unknown for Capquest to go for a SD though. So it's best to send them the account in dispute letter outlining the problems with their so called agreement. I have a gut feeling their letter is just added scare tactics as they are probably aware the CCA is as dodgy as a house of cards on a windy day.

 

(I'm sure a few others will pick a few other things wrong with the so called CCA over the next day or so.)

 

 

Noticed there is a few guests reading this so late at night.

 

 

For any DCA peeps spying. Read my signature and weep, as I'm about to do a lot more of the same very soon, and it may well be you who gets it.

[Pinky69]

This is no more an agreement than fly in the air - they don't have any. Goodness knows where they dug these T&Cs up from - the Ark I presume. I got 2 separate sets, both completely different. If Capquest go for an SD without an agreement, report them to the OFT. 1st Credit got hauled over the coals for it. Hello, guests. If you are from the DCAs, read this and other threads and weep.