Capquest statutory demand for bankruptcy

[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

[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.

[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