Capquest/Abbey/MBNA & Bankruptcy Notice

[waynehowes]

Hi All,

 

Not sure if this is in the correct place or not. But here we go.

 

I have recieved a hand delivered letter from Capquest stating they are going to take me to court to declare me bankrupt (daughter opened the door etc etc)

 

Now, this debt relates to a bank account I had with Abbey National (I opened this account on the 4th Jan 2002), it defaulted on 01/12/2006. The thing is, Capquest have brought the debt from MBNA (who I have had no dealings with, ever) so i'm a little confused.

 

I have read somewhere that I maybe able to challenge any old bank accounts that are now defaulted. I'm after some advise into what I should, I have tried looking around the forums, but just seem to be getting more and more confused!

 

I look forward to your help and advise, or points in the right direction.

 

Wayne

[dx100uk]

mbna dont do bank acounts?

strange?

have you cca'ed the leechers chasing you?

 

 

dx

[waynehowes]

Whats a CCA?

 

I've just been reading the letter the bloke brought round and its a 'Statutory Demand'

 

Sorry I really don't understand all this stuff!

[SL8R]

Another Capquest Stat Demand !!!

 

If you can post the Stat Demand up on here - remove all your personal data ... there are lots of people who will advise and help...

 

Bet it's signed by Barry Davies ?

[Halibutt]

You're in the right place Wayne. Could you please scan and post the hand delivered letter from capquest?

 

Then people can have a look and see exactly what's going on.

 

Members will then hopefully, be able to advise on your next steps.

 

Remember to remove any personal info - name, address, reference numbers, barcodes, etc.

 

Use an image host like imagebam.com - it's anonymous and you don't have to sign up or give a user name.

 

Cheers

 

H.

[babybear39]

Welcome to the cr@pquest appreciation society

[SL8R]

Welcome to the cr@pquest appreciation society

 

 

HaHa babybear

[waynehowes]

OKee Dokey, i'll scan and post in a min.

[waynehowes]

ImageBam - Fast, Free Image Hosting and Photo Sharing

ImageBam - Fast, Free Image Hosting and Photo Sharing

ImageBam - Fast, Free Image Hosting and Photo Sharing

 

Hopefully that'll work.

 

I'll look forward to what you all come up with!

[dx100uk]

scan your agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

[waynehowes]

I think the links above work.

[babybear39]

Barry's been busy again

 

Download forms 6.4 and 6.5 from the insolvency service website and we'll get the big guns in to help you with a set aside

[SL8R]

I'd edit the court info aswell, so it cant be traced

[SL8R]

Barry's been busy again

 

He has, this was issued the day after mine !!!

[waynehowes]

bump

[Sheffieldlad]

The good people on here will explain how you get this rubbish set aside

 

They are issuing these like confetti now

[unclebulgaria67]

Have a read of the following thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/258608-capquest-have-issued-statutory.html

 

1) You need to try to phone and speak to Barry Davies at CapQuest on the number given on the statutory demand. Try to phone him once every day, over the next 3 days. Don't give any information to whoever picks up the phone. Just ask to speak to Barry Davies. If he is not available or someone else tries to deal, just put the phone down. The point is that if companies issue an SD, the person noted should be available on the telephone number they have given. Make a note of the date/time you attemped the call, as this can be used to stop the SD being granted. If you manage to speak to Barry which is very unlikely, ask him why he has issued an SD in respect of a previous arrangement with MBNA. Point out you have never had anything with MBNA.

 

2) You need to make the CCA request to CapQuest by recorded delivery. Send the following letters. The second letter is just the covering letter to send with CCA request letter, which is the first letter shown.

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxx

 

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(6) 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

 

 

 

Dear sir/madam

 

 

I note receipt of the statutory demand for bankrupcy dated xx/xx/xxxx, which was served to my address on xx/xx/xxxx, but not to me in person.

 

 

Enclosed is a request for a copy of the consumer credit agreement pursuent to section 77 to section 79 of the consumer credit act 1974.

 

 

As I have a time scale of eighteen days to apply for a set asside, I require this agreement by xx/xx/xxxx. (enter the date which is 18 days from the date the SD was served at your address)

 

 

I need to remind you that it is your responsibility to have the corect documentation before litigation is commenced.

 

 

I also require a copy of the default notice, notice of assignment to comply with the law of property act 1925, statement of account and termination notice.

 

 

IT IS MY INTENTION TO APPLY FOR A SET ASSIDE WITH FULL COSTS

 

 

I AWAIT YOUR RESPONSE

 

 

yours faithfully

 

 

----------------------------------------------------------------------

 

Do this for now and post back once you have sent letter and made phone calls over the next few days. I am not an expert in completing the form, so hopefully other will help you.

[dx100uk]

wasnt there a second part to this.

 

never answer a call that claims to be from him, say on a ringback to you 'oh he'll call you later'

 

this could be someone impersonating him?

 

dx

[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