CapQuest Letter Statutory demand under insolvency act - *** WON ***

[shabz25]

Hi,

I received a letter todat from Capquest about a Next catalogue debt. The letter states:

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 a statutory demand under section 268(1) (a) of the insolvency Act 1986 which will be completed on or around the 06 Jun which will be served upon you.

If you do not apply 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 suported by an affidavit (form 6.5 in Schedule 4 to those Rules) stating the ground on which the demand should be set aside.

(a) you only have 18 days of service of the statutory demand

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

 

Im not quite sure how it all works but i guess they are trying to make me bankrupt. The account has been in dispute since 24th Jan 2009 when Next failed to provide a credit agreement. Can you please help me with this i haven;t dealt with a Bankruptcy order. I understand the Credit act, would the same rules apply to this would Capquest have to proove the debt by way of credit agreement. what do i need to do in the meantime?

[postggj]

did you send the cca request by recorded delivery

 

if not, send crappyquest a new cca request

 

ive delt with many of these from crappyquest so dont panic

 

 

how much is the debt and when was the last payment made

[shabz25]

Hi,

Yes i sent it recorded deliver, will have to find the proof, the debt is for about £3200 and the last payment was made on the 24th January 2009 when they failed to provide a CCA. Can you tell me if this is just a threat or will they pursue this?

[postggj]

crappyquest are sending these out like confetti at the moment but are easy to set aside

 

as long as the request was sent recorded delivery and you have the track and trace number

 

ITS A PERFECT DEFENCE

 

SO IGNORE AND SEE WHAT CRAPPYQUEST DOES

[shabz25]

Thanks will see what happens, if i need further help will you guide me through the process.

[postggj]

My Pleasure

[Valdez is Coming]

Sorry to poke my oar in....but should you ignore an SD?

Surely a set-aside appeal should be entered, even if the SD is unfounded?

Otherwise they may go for a bankruptcy order.

Postggi....you are more experienced than me, but should this really be ignored?

Shabz...if you do for set-aside, be sure to ask for costs....its the best way to stop these muppets using SDs 'like confetti' as someone posted recently.

[shabz25]

I will definately make sure i recover costs . Capquest are hoping i ignore their SD and then they can go for Bankruptcy just like you said.

[robcag]

Sorry to poke my oar in....but should you ignore an SD?

Surely a set-aside appeal should be entered, even if the SD is unfounded?

Otherwise they may go for a bankruptcy order.

Postggi....you are more experienced than me, but should this really be ignored?

Shabz...if you do for set-aside, be sure to ask for costs....its the best way to stop these muppets using SDs 'like confetti' as someone posted recently.

 

I will definately make sure i recover costs . Capquest are hoping i ignore their SD and then they can go for Bankruptcy just like you said.

 

As I read it, Cr@pQuest haven't yet issued the SD, just a threat to do so?

 

I had a similar letter a while back, and when the threatened SD didn't materialise on or around the threatened date I decided that it was all hot air.

 

However the threatened SD eventually arrived 2-3 weeks after the stated date (albeit by 1st class post), so I think that's what Postggj is alluding to in Post #4 above; i.e. wait until the SD arrives and take it from there. I don't think he is saying ignore the SD (which hasn't arrived yet?).

 

Cheers

Rob

[shabz25]

you are right it's pointless doing anything until the SD arrives,

[shabz25]

Hi,

I received an SD from capquest which was dated teh 21st June. I have been away and it came when i wasn't home. I really need to attend court tomorrow to complete the set aside forms but need help with this. Why do i want the SD to be set asside and what should i say in my afidavit. I oringally CCA's next in jan 2009 and didin't receive a copy so the account came into dispute on the 21st Jan. Recently i CCA'd Capquest and haven't received a copy, time period has elapsed. I know from the SD that Capquest bought the debt from Next. I never received a Default notice, a notice of assignment of the CCA.

Please help, do i need to include copies of the recorded delivery slips or do i worry about them at a later date.

Look forward to hearing from you.

Shabz25

capquest st demand.pdf

[postggj]

HAVE A NOSE

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/263152-template-6-4-6-a.html

[shabz25]

Thanks, were can i get a blank set aside form, i need to send it to the courts by tomorrow. Do you count weekends as part of the 18 day deadline?

[postggj]

http://www.insolvency.gov.uk/pdfs/forms/6-4.doc

 

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

[postggj]

There Is No Panic

 

Its 18 Days From The Date You Received The Sd

 

Not The Date On The Sd

[42man]

Some excellent advice here from Postggj....please also have a look at some of the threads here too. I would also you suggest writing to the OFT, as using a stat demand as a debt collection tool is frowned upon. - DCA Legal Successes - The Consumer Forums - you will find plenty of stat demand threads in here...

[shabz25]

Thanks everyone, today with everyones help i completed the set aside forms and swore the afidavit under oath, i will of course write to OFT and complain about Crapquest.

[shabz25]

I complainted to OFT about Capquests tactics, i got a reply saying that OFT does not deal with individual cases but will take on board by comments and should there be any other complaints they will take further action. I have received a date for the hearing which is the 23rd September, Do i now need to file a defence to both sides?

Also i received another letter from Capquest stating that the account was opened in 2008, i thought it was before that date, obviously i never received a CCA from Next so i can't be sure. What changes in the Comsumer credit act do i need to be aware of if by account was post 2007,

[shabz25]

Hi Everyone,

The time has come for me to attend court tomorrow to have SD set aside. I received a special delivery letter from Capquest to tel me that i hadn't disclosed all the information to them relating to the account previously and therefore would like to stop the SD and have offered £40 towards costs. I don't want to settle with them and would like it to go to court. My question is would the letter they have sent me today have any bearing on my case, would the judge think i could have settled out of court and would sending the offer work in Capquests favour. I have worked my costs at £280 in total. I have sent the costs to Capquest but they would not have received it when they wrote to me. I have also sent me defence to them which is what is concerning them. They knew ages ago the account was in dispute as i sent them a letter telling them so.

please help as i only have till today to decide.

[postggj]

They leave it to the last minute

 

crappyquest can sod off

 

have the sd set asside

 

it will not go against you ignoring that letter

 

if its brought up in court just tell the judge all the crap you have had to put up with etc

 

once its set asside crappyquest will no longer be able to issue another sd

 

at the end of the day its your choice but you know where i stand

[postggj]

May i ask what info had you not disclosed to them

 

its down to them to produce the docs, not you

[shabz25]

I'm with you postggj, i haven't put up with all this distress to let Craapquest get away with it, i will go to court tomorrow and let you guy's know how it went, thanks to everyone for helping.

[postggj]

Can you either pm me or email me the defence (affadavit you did)

 

and what docs are they talking about that you never returned

[shabz25]

Hi POSTGGJ, please look at the defence, application for costs was sent seperately.

I apply for the statutory demand to be set aside number 2.doc

[shabz25]

Attended court today, Caquest didn't attend, wrote to the judge to say they accept the set aside application. I put my costs down as £291.50 but the miserable judge only awarded £78.50 to be paid within 14 days by Capquest. The old sod didn't accept that it took me 18 hrs to prepare for the case, he said if it was a solicitor then it would take him about 2 hrs. Well i'm not a Solicitor who charges £150 per hr. I would like to see how long it takes the judge to carry out my job and see if he can do it at the same speed, but anyway i won in the end so that's what really matters.