Capquest have issued statutory demand - Advice please **Set Aside**

[Anna_j]

Hi,

I have today recieved an Statutory Demand from capquest for a halifax personal loan taken out in 2004. I had paid the loan for about a year and a half then lost my job and defaulted on it. I got the initial batch of letters demanding payment etc which i just ignored and then all went quiet until about 2 or 3 months ago when i had some DCA chasing the debt - i again ignored these letters and never answer the phone to any 0845 no's etc.

about 3 weeks ago i got a letter from another DCA saying they were going to issue SD unless I contacted them etc. - once again letter filed in bin but now I have had a statutory demand issued against me and am totally fearful of them following up with a bankruptcy petition as my house has a fair bit of equity in it.

I have read through many really helpful threads but find myself confused as to the best way forward. I know Capquest can get very seriuos as a friend of mine had a charging order put on her property by them.

 

The main question is should I apply to have it set aside and should I contact them.

My original loan was for £7500 and paid it for a while - capquest say they had the debt assigned to them in nov 07 ( although i never had any notification of that ) and they have put interest on of £2726 making a total of £11789.

I have no idea how they have reached that figure and i have never had any comunication of any sort with them or the previous named brands they use.

I don't know if i should contact them now to dispute it, pretend i never recieved the SD, get my husband to call and say i haven't lived here for some time.

The house is just in my name - another thought is should i get my husband to put a charge on the house ?

so many things going round my head - PLEASE HELP

Thanks

[alfwithhair]

Hi,

I have today recieved an Statutory Demand from capquest for a halifax personal loan taken out in 2004. I had paid the loan for about a year and a half then lost my job and defaulted on it. I got the initial batch of letters demanding payment etc which i just ignored and then all went quiet until about 2 or 3 months ago when i had some DCA chasing the debt - i again ignored these letters and never answer the phone to any 0845 no's etc.

about 3 weeks ago i got a letter from another DCA saying they were going to issue SD unless I contacted them etc. - once again letter filed in bin but now I have had a statutory demand issued against me and am totally fearful of them following up with a bankruptcy petition as my house has a fair bit of equity in it.

I have read through many really helpful threads but find myself confused as to the best way forward. I know Capquest can get very seriuos as a friend of mine had a charging order put on her property by them.

 

The main question is should I apply to have it set aside and should I contact them.

My original loan was for £7500 and paid it for a while - capquest say they had the debt assigned to them in nov 07 ( although i never had any notification of that ) and they have put interest on of £2726 making a total of £11789.

I have no idea how they have reached that figure and i have never had any comunication of any sort with them or the previous named brands they use.

I don't know if i should contact them now to dispute it, pretend i never recieved the SD, get my husband to call and say i haven't lived here for some time.

The house is just in my name - another thought is should i get my husband to put a charge on the house ?

so many things going round my head - PLEASE HELP

Thanks

 

The in's and out's of how a statutory demand works, why they issue and what you can do about it are in this thread

Legal Issues Explained - Statutory Demand

Is a good read. I am sure there will be another member along shortly with specific advice, SD's are not rearly my area.

[postggj]

hi anna

 

so you have a letter from crappy quest

 

i might be able to end this now for you

 

phone crappy quest, yes i did say phone crappy quest

 

on the statutory demand will be a named person to contact at crappyquest. ask to speak to this person.

 

demand it, not one of his morons, that person

 

if you cant it will invalidate the stat demand

 

say can you send me a copy of the agreement, dont get into a conversation.

if he starts to bully you just hang up.

 

get back to me

[Windywoo]

Hi Anna, I've just been served with an SD and have applied to have it set aside, the hearing is on the 17th.

 

Did it come through the post, or was it personally served? Going by what you have written, it looks as if you have good grounds to have it set aside - do not ignore it!!

 

You will need to SAR Halifax, and CCA Capquest to see if they have an enforceable agreement, if they do not come up with an agreement within 12+2 days, then they are in default of your request, and this will be grounds on which to dispute the alleged debt on your set aside application.

 

You must act quickly, you only have 18 days to get your affidavit to court, the staff will swear your papers in for you.

[postggj]

the fact that they have issued the stat demand with no agreement/assignment notice/statement of account

 

using the insolvency service for debt collection prior to a ccj is more than enough reasons to set asside

[Windywoo]

The DCA's are giving out SD's like confetti at the moment!!

 

WW waves at the guests!!

[postggj]

better empty the piggy bank

 

your going to need £300 quid to pay in costs by the time ive finished with you lot

[Anna_j]

- thanks Windu & Post for your quick reply's - the demand is dated 3rd May - so i'll get the letters out at once - is there a link to template letters ?

DO i need to post any money off ?

 

the chaps name who issued it - Barry Davies, He is the one that has to personally talk to me then, and if he does do i just tell him that i dispute the debt and I want a copy of the CCA - correct ?

tnx

[Anna_j]

Also - the SD just came in the post 1st class - i kept the envelope ( not sure why )

also good luck with your hearing windy - what grounds do you have ?

[postggj]

the famouse barry davies

 

better get dr who to find him in time and space

 

funny no one has ever made contact with him:p

 

send crappyquest the cca request by recorded delivery

 

let me know if you speak to him and get him to confirm his name

[Anna_j]

the famouse barry davies

 

better get dr who to find him in time and space

 

funny no one has ever made contact with him:p

 

send crappyquest the cca request by recorded delivery

 

let me know if you speak to him and get him to confirm his name

 

Ok will do

[postggj]

give me an hour and ill do a letter for you

[Anna_j]

before i make the dreaded call - one last question

when the muppet picks up the phone and asks for all my details should i give name, address and ref number and what it's in relation to and why i want to speak to Barry Davies - or how limited should i be ?

[Anna_j]

give me an hour and ill do a letter for you

 

thanks - that is V Kind of you

[postggj]

you can give your name etc but never phone number (with hold) and work details

 

demand to speak to mr davies

 

he does not exsist so you will prob have to hang up in the end

[babydoll0141917]

subbing

[postggj]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[postggj]

Agreement number

 

 

date

 

 

Dear sir/madam

 

 

I note receipt of the statutory demand for bankrupcy dated 03/05/2010, delievered by first class post on 06/05/2010.

 

 

Enclosed is a request for a copy of the consumer credit agreement pursuent to section 77 to section 79 of the consumer credit act 1974.

 

 

As I have a time scale of eighteen days to apply for a set asside, I require this agreement by 24/05/2010.

 

 

I need to remind you that it is your responsibility to have the corect documentation before litigation is commenced.

 

 

I also require a copy of the default notice, notice of assignment to comply with the law of property act 1925, statement of account and termination notice.

 

 

IT IS MY INTENTION TO APPLY FOR A SET ASSIDE WITH FULL COSTS

 

 

I AWAIT YOUR RESPONSE

 

 

yours faithfully

[Windywoo]

Also - the SD just came in the post 1st class - i kept the envelope ( not sure why )

also good luck with your hearing windy - what grounds do you have ?

 

Alleged debt that has been in dispute since September 2007, no CCA just an illegible application form, no default notice or statements of account, and the amount they are demanding contains penalty charges, PPI, and the cheeky so and so's have added interest! This is Cabot, by the way!

[postggj]

what news on barry davies anna

[Anna_j]

thanks post - i'm going to start calling Barry Davies tomorrow during normal office hours so there is no excuse for him not to be there. - will update tomorrow

[postggj]

Please Get Those Letters Sent Out Tomorrow By Recorded Delivery

 

Print, Never Sign

 

Dont Worry As Ill Do The 6.4 And 6.5 Set Asside Forms For You

 

I Have A Template All Ready To Go

 

 

These **** Bag Dca Use These Stat Demands As They Dont Want To Go Near A Court Room

 

Ive Got Rather Good And Have Cost Them Alot Of Money And Bring Piece Of Mind To People Like Yourself

 

I Get My Satisfaction By Costing These Dca Money

 

The More People Who Learn And Set Asside These Things The Less The Dca Will Use Them

[Anna_j]

also do i have 18 days from the date of the SD or receipt of the SD to get my set aside application in

[Anna_j]

and when you say Print never sign - don't mean to be totally dumb here but do you mean just "computer" print name in the letter - no pen to paper or print in capitals with pen to paper - sry, that sounds totally stupid but i don't want to balls anything up - and thanks for your help, it certainly does give me some piece of mind

[postggj]

Just Print In Capitals, Its Been Alleged Photoshop With Signatures Appearing On Reconstructed Agreements

You Can Use Word And When Printed Off Use A Pen In Capitals

 

Its 18 Days From Receipt

Thats Why I Put The Date In The Letter