Hand delivered statutory demand from capquest

[caphelp]

Hey all

 

I am new to this forum but I was hoping that you may be able to give me some advice.

I took at a loan from Clydesdale on the 24th Sept 2004 and made regular payments into early 2005. Unfortunately I ran into financial difficulty when myself and my husband split up and was left with bad debts. I can remember receiving a number of letters from Clydesdale but I stupidly ignored them at the time. I have not heard anymore about this debt until yesterday.

 

When I arrived home late yesterday afternoon my daughter handed me an A4 envelope and said that a man had knocked on the door asking for me she told him I was not in and he handed her the letter. It is a letter dated 24th June 2010 explaining that as I have failed to respond to their correspondence they have no alternantive but to personally serve me with a statutory demand. I dont understand as this is the first time I have any contact from Capquest.

 

The Statutory demand states I have 18 days to solve this matter or after 21 days they will take me to court and bankrupt me. It also says that Capquest took over this account in June 2007? why on earth has it taken them until now to contact me. The statutory demand has been issued by a Barry Davies, I have noticed from other threads that he does not seem to exist.

 

The statutory demand is dated the 24th June but I only got it yesterday so I guess that means I only have 2 days to do something about it.

 

I would be very grateful for any advice anyone can offer me as I havent slept all night and I am worried sick.

 

Many thanks

 

Lucy

[martin g]

Hi Lucy,

Don't worry about having only 2 days, the time runs from the date it came into your hand so you have over 2 weeks to get a defence organized.

 

There are a number of people who are expert at dealing with Capquest and their Sd's. have a look round the site and you will find lots of examples of successful set aside applications.

 

Bear in mind that Capquest won't have any paperwork to support the claim and that you will have been charged penalty charges by Clydesdale which can be part of your defence.

 

It would help to know how much the claim is for, and a bit about your circumstances. if you don't have property/assets it won't be worth the cost to bankrupt you.

 

This post will bump you to the top again and I sure that you will get lots of advice.

 

Martin g

[postggj]

no

 

you dont have two days

 

its eighteen days from the time you received it, not the date on the demand

 

any takers on this one

 

ive done sixteen from crappyquest over the last six weeks and its getting rather annoying

 

if no response, send me a pm and ill guide you

[caphelp]

Thanks you so much for your reply!

 

The original loan amount was for £3500 and on the letter it is now £5490.55 including interest of £1515.74 that Capquest have added since they bought the debt.

 

Capquest would not get much from me if they did make me bankrupt. I rent my property from a housing association. I do not have any assets other than a car on the drive which currently has no engine so they can have that as it would save me the cost of having it taken away

 

Do you think it is a good idea if I call them on Monday to explain and ask for proof that I owe the debt or should I only speak to them via letters?

 

I think they have suddenly handed me this statutory demand as I think the debt may become barred in september as it will be six years.

[postggj]

read my lipps

 

never

never

 

talk to a dca

 

 

is your local court that handles bankrupcy listed on the sd

 

was an affi davit given with the sd

 

i take it barry davies is named on the demand for the creditor

[caphelp]

Ok thank you I was very reluctant to talk to them anyway as I heard they are bullies.

 

It says on the covering letter that if bankrupcy is to be heard the court dealing with my case will be:

but they have left it blank so I have no idea what court it will be.

There was no affidavit with the statutory demand.

Yes it is Barry Davies who signed the demand, I have been reading about him in the other threads.

 

The agent who hand delivered the demand gave it to my daughter as I was not at home. I am almost pleased that I was not home as it would have came as a complete shock as I have not heard anything about this debt for approx 4 years.

[postggj]

well then

 

i can tell you now

 

this is game over for crappy quest

 

fancy £300 costs on crappyquest

[caphelp]

Really? how can I do that?

 

Thank you so much it is such a relief to hear that, I have been so worried.

 

I know you have been dealing with many Sd's frm crappyquest but would you mind advising me what I should do to get them off my back. I would forever be in your debt

[postggj]

ill fill out the forms for you and email them

 

ime posting up a document for you to send crappyquest now, enclose a £1 postal order and send recorded delivery

 

 

 

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.

 

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(4) 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

 

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

Edited July 10, 2010 by postggj

[caphelp]

Thanks so much for your help I really appreciate it. I will get the letter done and posted 1st class recorded on monday morning.

 

Is it likely that they will be able to provide the original credit agreement?

[postggj]

They Can Try

 

The Point Being Is That They Should Have Attaced A Copy Of The Agreement With The Sd

 

Now On Monday I Want You To Phone Crappyquest And Ask To Speak To Barry Davies

 

Do Not Give Any Personal Details Including Your Name Or Ref Number.

 

Do The Same On Tuesday And Wednesday

 

You Must Be Able To Talk To Him On A Direct Number.

 

You Will Just Get A Telephone Muppett

 

Remember

 

No Personal Details And Just Hang Up

 

We Need To Do This Three Times In Total And It Will Invalidate The Sd If You Cant Speak To Him Directly

[unclebulgaria67]

Just a question to caphelp. Do you live in Scotland and when did you make your last payment ?

 

If you live in Scotland and last payment made early 2005, could this debt be statute barred ?

[postggj]

Good Point That

[caphelp]

I will make sure I call them next week but from looking at other threads it is unlikely I will get to speak to him, well fingers crossed I dont anyway.

 

Unfortunately I live in England so I think it has to be 6 years after the last payment. I have no way of checking when I last made payment as I no longer have the paper work. I think it may have been early 2005.

[unclebulgaria67]

 

Unfortunately I live in England so I think it has to be 6 years after the last payment. I have no way of checking when I last made payment as I no longer have the paper work. I think it may have been early 2005.

 

Yes it is 6 years.

 

What you could do, if you don't have any of the Clydesdale information, is to send them a subject access request under data protection, which would cost you £10. In this request you could ask for all information held, so you can see when the last payment is recorded and what correspondence is on file etc. Might come in handy. If you decide to do this, send by recorded delivery to Clydesdale head office, marked for the attention of Data Protection officer/Head of compliance.

 

Data Protection Act 1998

Subject Access Request (URGENT)

 

 

 

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I have been served with a stuatory demand by Capquest Ltd on x date and need to make an urgent subject access request, which must be provided within 7 days, so the relevant information can be supplied to the courts.

 

 

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[caphelp]

Thanks unclebulgaria67. I have prepared both letters and will be posting them first thing in the morning. I will also be calling Mr Barry Davies.

 

Is there anything else I need to do now or do I just sit tight until I get a response from capquest and Clydesdale?

[unclebulgaria67]

 

Is there anything else I need to do now or do I just sit tight until I get a response from capquest and Clydesdale?

 

Just wait for the information. You could have a look through the various posts to this site in the meantime, particulary about the statutory demand process and how the demands have to be served. I don't think serving the demand on your daughter for example would be acceptable practice. What if she did not know about this matter i.e. embarrassment and what if she had thrown it away, so you did not know anything about it.

[martin g]

Hi Lucy,

There should be the town name of a court on the SD. If not this is an abuse of process.

On the assumption that there is ring them to ask if they handle bankrupcy and check that they are the nearest court to you that does this.

Again any thing done wrong by Capquest does not help their case and will go in you set aside application,

Hope you slept better last night,

Martin g

[caphelp]

Thanks for the messages unclebulgaria67 and martin g.

 

Yes it was a little awkward when my daughter started asking me questions about this. She is only 13 but worries about everything.

 

The SD does not state anything about the court or who will be handling it so I guess it would be hard for me to get it set aside?

[postggj]

relax cap help

 

all is in hand

 

to answer your question ref the court

 

we serve the set aside application at your neares court that handles bankrupcy

 

as crappyquest has failed to name the court, it invalidates the sd

 

game over

 

ill do the paperwork for you in a few days so just read all the sd threads to get to know the routine to begin with

[caphelp]

A little update from me.

 

I have called capquest on Monday, Tuesday and Wednesday. Each time I asked to speak to Barry Davies and I had the same reply everytime. He was apparently unable to take my call and then they asked for my name and account details, I said thank you and hung up.

 

Would it be a good idea to send a letter explaining that this account is now in dispute and let them know that bankrupting me would not benefit them as I have no assets?

 

Thanks for all of your help so far.

 

Lucy

[postggj]

well i see the ghost is not at home again

 

what was the date you received the sd

[postggj]

sorry got it 10 july

 

ill do the set aside forms this weekend

 

you have no further contact with crappyquest

[caphelp]

Thanks postggj.

 

I have sent crappyquest the request for the credit agreement but as yet no reply.

[postggj]

mr barry davies (ghost) has been summoned to appear in front of a judge on another thread:D

 

should be interesting