Capquest statutory demand for bankruptcy

[ziggy68]

On 06 August 2009 capquest sent me a letter chasing a debt from 2001. I responded with a letter on the 27th to them stating that the letter was statute barred and sent it to be signed for on receipt. I tracked this letter and it was received by them on 28/08/2009. I still have the tracking number and receipt from the post office. I have not had any response from them with regards to my statement.

 

On the 25th September they wrote to me again saying that they were preparing a statutory demand against me. I ignored this letter but still have it.

 

On 17th May 2010 HL Legal solicitors wrote to me saying they were acting for capquest in this matter. They claim that a statutory demand for bankruptcy was sent to me on the 15th of October, 2009 and that I have made no effort to do anything about it. I have never received this letter. They also say that I made an arrangement to pay by monthly installments on 26 feb 2007. I did no such thing.

 

Once again I ignored the letter but still have it.

 

I have today received a letter from Capquest saying again that a statutory demand for bankruptcy was sent to me on the 15th Oct 2009 but that this time i didn't ignore it but responded by offering a proposal to pay without the need for further action. Once again I can say i did no such thing as I never got the demand.

 

They are now threatening to send their field agents Resolvecall to attend to me personally.

 

As you can see I am getting quite confused with what to do now. I certainly do not want anyone coming to my house. They seem to be saying something different in each letter and I would appreciate any advice anyone can give me with how to put an end to this.

 

Thanks in advance

[cerberusalert]

Make a complaint to Trading Standards via Consumer Direct, they are in complete breach of OFT guidelines and issuing these threats like confetti. Consumer Direct - Contact us

[ziggy68]

Thank you for your very fast response. I have just done as you suggested. Would you advise that I contact capquest and let them know what I am doing?

[sillygirl1]

No let Capquest sweat, they are after all using the same tactics on you. If a debt is less than £750 they cannot make you bankrupt, and even then judges are frowning on the DCAs who have taken these steps....

[ziggy68]

Thanks again for the advice. I will let you know what happens with trading standards.

[cerberusalert]

They certainly cannot make anyone bankrupt on a Statute Barred debt.

[42man]

Absolutely appalling behaviour....send this letter to Capquest recorded delivery, send this letter to the OFT and your MP as well as the CSA...

 

LETTER BEFORE ACTION

 

(date)

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I wrote to your company on (XXXXX) explaining that I had no wish to pay towards a debt that was barred by the Statute Of Limitations Act 1980, this was sent recorded delivery and signed for by your company on (XXXXX)

 

5. I am now of the view that your actions are of pure harrassment and against the Office Of Fair Trading's guidelines on debt collection and also in breach of CPUTR 2008.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

 

7. I am sure you are aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

8. I also note that your company and HL Legal claim to have sent me a statutory demand, I have NOT received any such demand I will be forwarding all my correspondence to the Office Of Fair Trading, my local MP and I'm sure I have no need to remind you of the recent actions by the Office Of Fair Trading against McKenzie Hall and 1st Credit in light of statute barred debt and statutory demands. Your actions are in clear breach of guidelines.

 

I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter.

 

9 You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

10. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall be deemed to constitute harassment and I will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs.

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days together with a personal apology from your Managing Director in light of the upset this has caused me and my family. No more notice will be given with regard to the issue of a court claim, Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP.

 

I hope this letter makes my position COMPLETELY clear

 

Yours faithfully

Edited June 29, 2010 by 42man

[ziggy68]

Thanks for all your help and for taking the time to prepare the letter before action for me. I have heard from consumer direct today and they are referring my case to the trading standards as they feel that what capquest are doing may be unlawful.

 

I will send the letter to capquest and let people know what happens.

 

Thanks again

[ziggy68]

Just a quick update. Trading Standards are coming to see me tomorrow morning to have a chat and see the letters from Capquest

[42man]

This is good news and full credit to the Trading Standards dept. who are coming to see you. Very well done for reporting this Ziggy...you only need direct them to these forums to see how many frivolous stat demands this company send out. You may also tell them (if they didn't know) about this OFT action from last year - OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading - please do let us know what they say...

[42man]

You may also remind Trading Standards of this - OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts - The Office of Fair Trading I'm just staggered that their compliance department have flagrantly ignored these 2 OFT actions. I wonder what Capquests governing body The Credit Services Association would have to say about this.

[citizenB]

You may also remind Trading Standards of this - OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts - The Office of Fair Trading I'm just staggered that their compliance department have flagrantly ignored these 2 OFT actions. I wonder what Capquests governing body The Credit Services Association would have to say about this.

 

 

Yes, it would be interesting.

 

Looking forward to the update.

[42man]

Any update on this Zigs ?

[42man]

Which trading standards came to see you ? As this cagger needs to report this too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266599-capquest-help-needed.html

[ziggy68]

Hi Guys,

 

Sorry for the delay getting back to you. Just had trading standards on the phone today. Capquest have contacted them and have closed the account. I'm not sure if anything else is happening but at least they are now off my back.

 

It was Newcastle trading standrads.

 

Thanks again for all your help

Edited July 25, 2010 by citizenB
removed formatting commands

[ziggy68]

Oops! Sorry. No idea what happened there

[cerberusalert]

The sooner those cowboys are made to account for themselves the better, they are already under warning from the OFT.

[ziggy68]

Just another quick update. I have recieved a copy of a letter from Capquest to the trading standards. They claim that in 2007 I agreed to pay in installments by email (this is news to me) but because they can't produce a copy of this email they have closed the account. Apparently they only keep things on file for 3 months!

 

Thanks again for all your help.

[cerberusalert]

TS will have seen straight through that little ruse. If a debtor was daft enough to have admitted a debt in that way crapquest would have certainly filed it.

[citizenB]

Just another quick update. I have recieved a copy of a letter from Capquest to the trading standards. They claim that in 2007 I agreed to pay in installments by email (this is news to me) but because they can't produce a copy of this email they have closed the account. Apparently they only keep things on file for 3 months!

 

Thanks again for all your help.

 

 

 

TS will have seen straight through that little ruse. If a debtor was daft enough to have admitted a debt in that way capquest would have certainly filed it.

 

 

Oops, that was a bit daft of them wasnt it ? Only keep stuff on file for 3 months ? tsk, tsk, what happened to keeping "Important documents" for 6 years ??

 

When you say "closed the account", does this mean that you wont hear from anyone, ever again on this account ?

[ziggy68]

You would have thought they would have been a bit more prudent...or maybe even a bit less inventive.

 

They do state I will not receive any further correspondence so here's hoping that is the case. I'll be keeping their letter for at least 6 years though just in case

[silverfox1961]

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set aside and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collection tool is now frowned upon.

If you want to read it, here's the link

 

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA