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Capquest Stautory Demand


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In early 2009, i had some financial difficulties and due to this missed some payments on my next account, throughout the next few weeks i was bombarded with threatening letters and phone calls from them and then Geoffrey Parker Bourne, so decided to CCA them.

I heard nothing back from them until...

 

Jan 2010 when i receive a letter stating the account is being prepared for sale to an external DCA.

 

this is where it gets naughty...

  • Feb 2010 i receive a letter from Next stating the Debt has been sold to Capquest (no default notice has been received). The same day Daughter receives a letter from Capquest (addressed to me, but at her address).
  • March my Daughter received a letter from HL Legal. Addressed to me, but at my daughters house - i have no connection whatsoever with that address and never have (apart from my Daughter living there).
  • 10 days later CQ send an LBA - to my Daughters.
  • April CQ send threatogram - to my Daughters.
  • May she receives two more threatograms from Capquest.

Now my Daughter has been away for a while so i did not know of these other threatograms until her return, she gave me the other letters (19th June), on 26th June she calls to say CQ have sent a Statutory demand (dated the 23rd June, received 26th June 1st class mail).

 

Now to me it seems Capquest are trying to get the SD by default. They are totally out of order writing to other addresses especially as i have never had any connection to that address..

 

Any suggestions or help would be very welcome...

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Where did they get your daughters address from ? Has your daughter ever ordered or had delivered to her address items from the catalogue ?

 

You have to follow the process for getting the Statutory Demand set aside. See the easy to follow guide from the Insolvencyhelpline. Obviously one of the main points is that the SD was not served correctly.

Legal Issues Explained - Statutory Demand

 

These are the forms you need to complete and take to the court within 21 days of the SD being served.

 

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

 

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

 

I am not expert in this. There are a few people on this site that know how to complete these form and there are many threads which you can pick up useful info from. Some are in the legal issues folder.

We could do with some help from you.

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Thanks for the quick reply...

 

My daughter has never had any credit. She has not long moved to her new address, she's only 20 yrs old.

Also on the back of this i have never received a Default Notice either..

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please confirm 1stbclass post

 

is a court listed on the stat demand

 

is a person listed on the demand for the creditor who you can contact

 

well well

 

this is stat demand number 10 ive delt with this month from crappy quest

 

ill post up a set asside template ive allready done

 

this is for another dca called godebt but will give you an idea of whats involved

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I will leave you in the safe hands of postggj, who has become a bit of a guru with these SD's. There seems to have been a flood of these in recent months, most of which appear to have been been issued more in hope they will get by default !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thankyou Postggi.

 

The SD was poster 1st class standard post (prepaid envelope, no post mark). Sd dated 23rd June, Recieved 26th June.

 

The Court in the SD is about 25 miles from me, so going to check if local Court deals with this.

 

Your friend - Barry Davies is named on the SD.

 

Many Thanks for your quick reply and help.

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I will leave you in the safe hands of postggj, who has become a bit of a guru with these SD's. There seems to have been a flood of these in recent months, most of which appear to have been been issued more in hope they will get by default !

 

 

OK, thankyou for your quick reply and links..

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ok

 

same routine

 

on monday

tuesday

wednesday

 

phone crappyquest (the number on the stat demand) and ask to speak to barry davies

 

DO NOT GIVE THE PHONE MUPPETT ANY PERSONAL DETAILS

(NAME ADDRESS ETC) JUST ASK TO BE PUT THROUGH TO SPEAK TO HIM REF AN SD

 

they will continue to ask for your details

 

(HANG UP)

 

THEN CALL THE FOLLOWING DAY

 

we have to do this once a day for three days

 

on monday, phone the court listed on the demand and ask if they handle bankrupcy petitions

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ok will get on to that first thing Monday morning..

 

Thankyou for your help Postggi :)

Edited by SL8R
typo
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OK, i have checked with the courts and the Court named on the SD is correct.

I also phoned Capquest (number witheld) and asked to speak to Barry Davies..... unfortunately he was out of the office. :p Will try again tomorrow. Should i be sending a CCA, or filling out set aside forms ?

 

Many Thanks.

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Great....so the debt has been passed around from pillar to post despite GPB not supplying you with a copy of your agreement...!! It should never have got this far, but frequently it does. What you MUST do first is report them to the OFT. As has been said above, I would get this set aside. Please do have a look here and you will find a significant number of threads most of them are Capquest and get this set aside - DCA Legal Successes - The Consumer Forums - You might also find this thread of interest too - http://www.consumeractiongroup.co.uk/forum/legal-issues/200443-tactics-dealing-next-directory.html - slightly different as this deals with County Court Judgments as opposed to Insolvency / Bankruptcy route, but still maybe of interest....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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This makes great reading, there are just so many of these at the moment, had I not got one last year I would feel left out:rolleyes:

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks for the Link 42man.

Its amazing how many of these SD's from Capquest are on the forums at the moment.... they must be feeling the recession :D

 

Called this morning and spoke to a very pushy woman who said Barry Davies was in a meeting and she was authorised to deal with my Stat demand - although i didnt even mention my name, stat demand or give a reference, i just asked to speak to Barry Davies...

 

Well im keeping a log of times, dates and duration of calls anyway.

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well then sl8r

 

phone for the last time tomorow and ill do the paper work for you

 

this barry davies realy is a phantom

 

strange you can never talk to him:-D

 

one of these days i will call him as a witness,

 

wonder if he will turn up??

 

in spirit or in person

 

answers on a postcard:D

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Hi, thanks very much for your help postggj..

 

Well i called again this morning, and got put through to their Legal Services, unfortunately Barry Davies was not available - but was asked to call back at 10.30 to talk to him :D.

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hi sl8r

 

thats end game now

 

no further contact with crappyquest

 

if they phone, put the phone down

 

over the next few days ill do the set aside forms for you

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Many Thanks for all your help postggj...

Will await your update and get on to it straight away.

 

Again thanks for your help - i think a donation to CAG will be forthcomming ;)

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Hi Postggj, wondered if you had managed to have a look at the set aside forms yet :)

 

Been looking around at the other Capquest SD threads, seems they have been very busy sending them out like junk mail lately....:-(

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I have completed 6.4 or the set aside forms, but am not sure what to put in the affidavit in 6.5.

Can anyone offer any input on this as i really need to get this into the Court ASAP now...

 

Thanks.

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