CapQuest Statutory Demand

[subam]

I am not sure that I am up to going to court for a set aside. I am finding the whole thing really confusing and don't think that I would be able to put forward a case. I don't understand all the ins and outs. I get that my cca is an old one 2000 and may be unenforceable, but then again a judge could rule the other way. I certainly don't have the knowledge to argue it out. I don't have a default notice (from the oc or dca) and I understand this not following guidelines - but not sure exactly how this impacts. Also, not sure what happens if the set-aside is granted? it all sound quite horrific whatever way it goes.

[gh2008]

Hi Subam - got your pm - I've called in the cavalry to help with a letter, hopefully they'll arrive soon

[subam]

Thanks so much. Nearly having a nervous breakdown! Ridiculous I know, other people are in much worse situations. I just want it to go away now.

[Pinky69]

You are panicking for nothing. CQ haven't issued you with an SD yet. When and if they do, you can go along to court and ask for a set-aside - the clerks help you fill out the forms and are very good. The agreement is unenforceable as a prescribed term is missing and if CQ bought it without prior issue of a default notice then that is repudiation of contract by egg and unlawful recission. I wouldn't pay them a penny if they have no lawful agreement. And no - the neighbours will not know or anyone else. This is Sunday so the site is quiet but you can bump yur thread tomorrow and get advice from posters who have set aside a SD. In the meantime if you google "SD set aside CAG" you'll get posts on site where people have set aside SDs.

[subam]

Should I SAR egg to determine whether or not the sent a DN? They could have done as I was out of the country at the time and maybe wouldn't have known. CQ have supplied statements from egg and the CA but not a DN. They also sent me a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.

 

Thanks for your help.

[miss muppet]

It wouldn't hurt to subject access but this should go to the original creditor. Believe me we are all terrified at the thought of court, my first one was on behalf of my daughter who was issued with an SD courtesy of 1st Credit, it was not fun because she had a very unsympathetic female judge but on reflection I realised that she was actually trying to help and pointing out that we didn't know enough and second time around, different Judge threw the SD out.

[citizenB]

Should I SAR egg to determine whether or not the sent a DN? They could have done as I was out of the country at the time and maybe wouldn't have known. CQ have supplied statements from egg and the CA but not a DN. They also sent me a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.

 

Thanks for your help.

 

Well that looks a bit suspicious for a start doesnt it ?

 

I would suggest you send a SAR request to Egg immediately their communication log should give some indication of when a Default notice was sent if at all and also any assignment date.

 

If Capquest took this over in 2005 then it may well be a good idea to invest a further £10.00 and send them a SAR request.

[subam]

have already sared CQ. will do Egg.

[subam]

Just preping the SAR to Egg and reading through the assignment letter it says:

 

...'under section 18.2 of your Egg Card conditions we have transferred our rights and your Egg Card account to CapQuest Investments'..

 

My agreement has no 18.2 or any other numbered conditions - right at the bottom of the agreement it says

 

'by signing this agreement you confirm you have read and accept the Egg Card Conditions a copy of which is enclosed'

 

Can't remember having a copy and the SAR to CQ hasn't turned up any.

Edited April 26, 2010 by subam
bad spelling

[Pinky69]

CQ won't have much on this - SARing the DCA is a waste of time. You need to SAR the original creditor for all the information on an account.

[subam]

Thanks Pinky

 

Yes, I wish I had done that right at the beginning. But I sent the request off to OC yesterday and have written to CQ reminding them that the account is in serious dispute, so I guess I have to wait now.

 

Subam

[bananawoman]

Hi,

 

I'm in need of help regarding a debt with CapQuest. For the last 2 months I have been receiving letters from CapQuest about a debt that they have purchased from Abbey/Cahoot. So far I have just ignored all the letters as I am no longer living in the UK and they seemed to be fairly empty threats. The most recent letter states that they are preparing a Statutory Demand on or around the 8th May.

 

I'm not sure what to do for the best. As I said I am no longer living in the UK. The letters have been coming to my parents address, also outside the UK but within the EU. The last payment was made to the account probably around the Jan/Feb 2006 so it's not long enough to be Statute Barred. How would I go about getting the demand set aside? Would I have to apply in th UK?

 

I should also point out that I have no property or any real assets apart from my car.

 

Any help or advice would be greatly appreciated.

[lee32uk]

They seem to be sending a lot of these stat demands out lately. I myself received one a few weeks ago, and like yourself i have no assets or property. Unless they try and serve the demand personally i.e Hand delivered then it is more than likely just an empty threat. I have ignored mine, and as yet i have heard nothing.

[citizenB]

Bananawoman, you may want to have a read of the threads in the following forum which deals specifically with situations such as yours where the alleged debtor is now living in a different country.

 

Overseas Debt/Overseas Account issues - The Consumer Forums

 

HTH

[subam]

Hi

 

I sent the SAR out to egg on 23 April and have just had a letter back from them saying that they have no 'valid account using the details' I provided. They have sent me back my £10 cheque suggesting I resubmit with details that match. The account number I supplied was the same as their original documents - the only thing that was different as far as I can see is the address which has changed. However, I have a letter - (a copy of the assignment which said that it was 'prepared by egg in 2009'! A bit late as CQ took it over in 2005.) - which was sent to the new address and had the account details on it. I think that they are being deliberately obstructive - they obviously have tied my new address up with the account - unless the letter sent out in 2009 wasn't from Egg but from CQ, which is what I suspected.

Should I resubmit stating my old address. I also thought about reporting this to the oft etc.

Haven't heard from CQ regarding the SD yet.

 

 

 

[bananawoman]

They seem to be sending a lot of these stat demands out lately. I myself received one a few weeks ago, and like yourself i have no assets or property. Unless they try and serve the demand personally i.e Hand delivered then it is more than likely just an empty threat. I have ignored mine, and as yet i have heard nothing.

 

Just wondering if you've heard anymore about the SD. I just received one last week and not sure if I should ignore it or not.

[Pinky69]

Report these SDs to the OFT - I have. They are sending them out like confetti wothout any proof that the alleged debt even exists.

[postggj]

do not ignore an sd

 

get it set asside and make crappyquest pay

 

ive delt with 6 stat demands this week from crappyquest

 

need any help with set asside

 

just shout

[subam]

I have not heard anything from CQ about the Statutory Demand, but I'm sure it won't have gone away. However, I resubmitted the SAR to the original creditor - EGG, and they have sent back my £10 cheque yet again saying that they cannot match up the address provided with that on their systems. They say they need documentary evidence of my address, but the address I'm at now is nothing to do with them at all, it is 8 years since I lived at the addess that is on the EGG statements which CQ sent me. With my resubmission I also included a copy of one of EGG's statements with the address on it. CQ don't seem to have any doubt of the address and the account!

 

Does anyone have any ideas what I should do next? It seems that EGG are saying that they don't hold any information about me or the account.

[Pinky69]

They don't have any information about you at your new address but they should have information about you at your old address.

[citizenB]

I have not heard anything from CQ about the Statutory Demand, but I'm sure it won't have gone away. However, I resubmitted the SAR to the original creditor - EGG, and they have sent back my £10 cheque yet again saying that they cannot match up the address provided with that on their systems. They say they need documentary evidence of my address, but the address I'm at now is nothing to do with them at all, it is 8 years since I lived at the addess that is on the EGG statements which CQ sent me. With my resubmission I also included a copy of one of EGG's statements with the address on it. CQ don't seem to have any doubt of the address and the account!

 

Does anyone have any ideas what I should do next? It seems that EGG are saying that they don't hold any information about me or the account.

 

So you never advised them of the change of address, the one you are living at now ?

 

As for documentary evidence, I guess you could always send them the SD that CapQuest sent you ? They should be able to provide information based on the address at which you lived at the time you entereded into the agreement with them. If you have an old statement from them, enclose that as well.

 

CapQuest is likely to have changed the account number to a system they use. So it would be no good using that account number.

[subam]

That is exactly what I did. I gave them the old address with their own (eggs) account number on. I also included a statement from egg (supplied by capquest when I SARed them). But they still are denying all knowledge. The thing is as well, I have a letter from Egg to my new address telling me that they had passed on the debt to capquest! I always suspected that this letter came from CQ though, rather than EGG because this letter came in 2009 when the debt had been taken over by CQ in 2004. I don't know how to get my info from them. I want to see if they issued a proper default notice etc in case they do issue a SD.

Edited June 19, 2010 by subam
add info

[subam]

If Capquest issue a statutory demand, where would that leave me regarding Egg sending out default notices etc given that Egg won't acknowledge having information on me which they obviously have? I don't get why they won't send me the information.

[bladeboy]

Seriously, don't worry re this 'threat' of a Stat Demand.

 

If they send it, chances are that it will be a second class post wonder which is not how they should be served.

 

On the basis of what you have posted the Set Aside would be very easy and you'd get costs.

 

1st Credit Issued me with an SD, via second class post, and they didn't even turn up to the hearing! I got costs.

 

SD's are a frightener, simple as that. The costs involved for the creditor are at least £1,000 and they lose control of the debt completely - all powers pass to the official receiver, who is, after all, a civil servant that wants to be paid first!

 

And as for the previous post that read:" your car is an asset.." if it's a Bentley, yeah, other than that, it's unlikely that the Official Receiver will compel you to sell it. It's not like a bailiff situation, you have to be left with enough to live a normal life and this includes any home that you own unless there's equity in it that's substantial and you can usually make on offer for that anyway. Bankruptcy is not designed to be a punishment process! If you have no assets, you're laughing even more.

 

It's all bluff with these guys, sleep sound buddy!

[gh2008]

If Egg hold no info on you then all you would have to do is deny everything and produce the letter from Egg to prove your case.

 

IMHO I do think it is an empty threat, but if they do action it, you will get it set aside (with your costs) very easily