Statutory Demand from Capquest

[lee32uk]

Hi

 

I have today received a Statutory demand from Capquest which relates to an MBNA credit card. I sent MBNA a CCA request many moons ago, and I have only ever received an illegible copy. I requested a better copy, but was completely ignored.

The Stat demand arrived in the post this morning by normal first class post. I thought that a Stat demand had to be properly served ? i.e Sent by Recorded delivery or delivered by hand ?

 

Do I need to act on this or can i ignore ? The debt is for around 13K

 

Thanks

[bladeboy]

This is bollocks, should have gone via a process server to hand it to you personally.

 

You need to act to get it set-aside which should be very easy given what you say re the CCA request.

 

The set aside forms can be downloaded from the HMCS website. When complete, take them to your local county court and get them handed in.

 

Is it a 'computer generated' special? There should be someone named on the demand for you to speak to personally. Chances are, if you phone that number and quote the 'reference number' you'll be diverted to the dogs that chase the money on the phone and not the person named on the demand.

 

There's a quite a bit on these forums re getting Stat Demands set-aside. Seems in your case that the account is still in dispute due to your not having been provided with a satisfactory agreement and this would form the grounds of the set aside application. Also the fact that it was served via post -they have to prove that you received it. Proper service would mean that the process server could provide a witness statement to show that the demand was actually served; they can't do this in your case.

 

I had a Stat Demand via post from 1st Credit and went to court to get it set aside, - they didn't turn up and I got costs.

 

Chanced are that when you submitted your set aside applicatuion they'll write to the court, save as to costs, and say that they're not attending.

 

Have a browse on this site, there's loads of stuff.

[lee32uk]

Hi

Thanks for the reply. As capquest have no way of knowing that i have received the stat demand, and it hasn't been properly served, can i just ignore it ? Or do i need to go to the court listed on the demand ?

 

Obviously i don't want to contact capquest to acknowledge receipt.

 

I have copied a paragraph from consumer wiki below:

 

Thus a creditor wishing to proceed with a petition based upon a SD served in the ordinary course of post, will, without the debtor's written acknowledgement of its receipt, be incapable of satisfying the requirements of proof demanded by IR 6.11. By IR 6.11(9), the petition runs a serious risk of rejection at the filing stage.

In order to illustrate the extent of the obligation imposed, in Regional Collection Services Ltd v Heald [2000] BPIR 661 it was held that a creditor had not done all that was reasonable within IR 6.3(2) where despite having made several failed attempts to serve the debtor at his home, he had failed to visit the debtor’s business premises.

 

Source: Statutory Demand: Service by Post - Consumer Wiki

 

 

thanks

[PGH7447]

best not to ignore, if they get it by default then they can go for bankruptcy, nip it in the bud, and also report them for using a stat demand on an account tht is in dispute with the OC

[lee32uk]

best not to ignore, if they get it by default then they can go for bankruptcy, nip it in the bud, and also report them for using a stat demand on an account tht is in dispute with the OC

 

Thanks for that. I will download the forms and fill them in. Do i have to take it to the court listed on the demand ? Or can i take it to one that is closer ? The one listed is about 6 miles away, whereas i have a local county court which is only a couple of miles away.

 

thanks

[lee32uk]

What would happen if i did ignore this and they got it by default ? I do not own a property, and apart from my 12 year old car i have no other major assets to speak of. I have no way of paying this amount back as i am out of work at the moment.

 

Any more advice appreciated

 

 

thanks

[lee32uk]

I would also like to report these parasites to the FOS and OFT for abuse of process. Is there a letter template anywhere that i can send ?

 

thanks

 

Lee

[diddydicky]

you CAN ignore it - they can only use registered (signed for) post AFTER they have failed to serve personally on you at home or (where applicable) at work.

 

you can go to a great deal of trouble with set asides etc when exactly the same result can be acheived- and with more prospect of success) by doing NOTHING

[subam]

Hi

 

I am new to this site so hope I am not breaking any rules.

 

I have had an ongoing correspondence with CapQuest. I have asked for a CCA and a SAR. Both have been responded to but I have never been sent the copy of the original agreement (one of the old ones with missing prescribed terms) only a copy of what seems to be from a microfiche. I have repeatedly asked for a copy of the original but they have not responded to my claim that the copy they send is not meeting the legal requirement, they just sent another copy of the michrofiched document.

 

Just before Christmas they offered to reduce the debt if I paid it, which I didn't, and then yesterday they have sent a letter threatening to serve a Statutory Demand unless I pay up within 10 days. They offer again to reduce the debt from 2321 (this amount regulary changes with different letters) to 1400, and also offer to take monthly payments.

 

Is the microfiche copy sufficient? What about the missing terms? Can they issue a SD when they haven't supplied the CA? And I don't get why they can issue a SD, then threaten bancruptcy - which I think means the debt would be wiped off - if they can legally get the money back if they have followed the rules.

 

The SD hasn't been served yet. Is this just a threat? I understood that they would be in breach of the law for making threats with no substance. Can I stop them from serving the SD before I have to go through all the motions of setting it aside?

 

Sorry this has been so long. What a mess!

 

Thanks

Subam

[diddydicky]

the microfiche will satisfy the requirement to send a true copy- so now you need to see if

 

a/ it is easily legible (if not then it does not comply)

 

b that it contains all of the prescribed terms

 

the easy way is to post it up - minus personal details

[subam]

Hi

Thanks for the quick response. I thought that they had to produce the original credit agreement? I have been disputing this since March 2009 and as they have never said that what they sent is meeting the requirement, I was hoping maybe it wasn't! Why do they go for bancruptcy if this doesn't get them the money? I don't own my own home or a car so I don't see the point. Why don't they enforce some kind of payment through the courts? It is all a complete puzzle. I am attaching a copy of what they sent me and hope this clarifies the position for me. I was hoping, I suppose, that because they were offering the reduced debt that this was their own desperate last attempt to get some money.

 

Do you think it is better just to accept the reduced debt to get rid of all the stress? The thing is they said that I had defaulted the debt, when I hadn't and could prove it, and added 1000 pounds worth of interest. They have subsequently taken it off but have never said what it was put on for, or even acknowledged that they were wrong about the payments. It was because of that that I started down this path with the CA and the validity of it. If they can I don't see why they haven't taken me to court before now.

Edited April 25, 2010 by subam

[diddydicky]

there is little if any chance of them making you bankrupt- the sd is a scare and debt collection tool

 

ignore the letter and unless the sd ids served personally on you or signed for by post by you-

ignore that too

[subam]

would an SD be public knowledge?

 

I think they trade on the embarrassment and shame - thank goodness for the Caggers.

[diddydicky]

no but a bankruptcy petition would

[maroondevo52]

Hi, subam.

 

Attachments in post #11 unapproved as requested.

[babydoll0141917]

subbing