Capquest sending Statutory Demand..help please -**SD set aside**

[jellybabe]

oh, i'm sorry, but i have no experience in almost statute barred debts, like yours seems to be.

I would advice to contact one of the site team that helped me out in this thread, they can most probably give you advise on this.

 

I'm sorry that i can't be of much help

 

But i believe you need to get advise quickly now that they have sent you a stat demand...

 

jellybabe

[debt4get]

if it is statute barred that is a complete defence in court...send them a letter informing them of such, you should be able to find the letter in the template section

[alvaro76]

Great to read of your success Jellybabe!

My partner is in the same situation (received the statutory demand letter) and I wonder (if she ends up having to go to court) if I could go myself instead, to represent her?

Also... her name in the credit agreement is something like "Mrs name + surname" however in her passport her full name is "name + middlename + another middlename + surname + another surname"... are there any grounds on that respect to set aside the SD?

 

Many thanks!

[jellybabe]

Hi alvaro76,

 

Thank you, i would have not been able to do it all by myself.As you can see i had quite a few people here to support me....and am very grateful for it.

 

As to your questions, i don't think i can be too much of help, as i still struggle to understand all the legalities myself

 

Not sure if it makes much of a difference with the names, but i think you can appoint someone to represent yourself (or in this case, your partner)...but again, am not sure about it. I would probably ask one of the Site Team to help you out. They helped me too, quite successfully as you can see

 

I wish you all the best with this and keep my fingers crossed that yours ends as good as mine did. Keep me updated

[alvaro76]

Hi jellybabe,

 

Thanks for your kind words

I must say I am kind of s*****g myself with the situation, lol

This may sound a bit daft but since I have not been very active in the forum in the past, I am not sure who to ask. You mention the Site team.... anyone in particular? how do i go about? Many thanks!

[jellybabe]

Hey again,

I was exactly the same....The worst moment was when i had to actually walk into Court and talk to the Judge O.O

 

And if it would happen again now, i would still feel the same again...

 

Really, have a good luck through my thread, it doesn't just have to be the Site Team.....i had a few knowledgable people on here, for example debt4get as above, and many others. Try and get their attention, maybe by sending them a message with the link to your thread...if you have one?Or start a new thread so people can help you better there? It won't get confused or mixed up with my stuff on here then, you can explain your situation better and get the right help for your case.

[jellybabe]

hi again alvaro,

 

i just come across your thread by accident

 

I can see you already have a Site Team member with you to help? That is good, you are in good hands. I will keep an eye on your thread, even though i can't be much of help

[alvaro76]

hey Jellybabe,

 

many thanks for your advice, keep an eye on the thread I am determined to become the next success story!

I guess is a learning curve to stop these bullies!

take care!

 

 

hi again alvaro,

 

i just come across your thread by accident

 

I can see you already have a Site Team member with you to help? That is good, you are in good hands. I will keep an eye on your thread, even though i can't be much of help

[jellybabe]

debt4get...may i ask something please...if you're around sometime......

 

I have drafted this up, would this do as a reply to Scotcall's letter?

 

Dear Sir/Madam,

Thank you for your letter dated ********** regarding the above ref.

I am rather bemused why this has been passed on to you. This Account has been and still is in Serious Dispute.

Also, Capquest should have informed you that this account has already been to Court and they have lost the case with Costs awarded to me.

I therefore would appreciate if you return this to the Original Creditor and expect no further communication of you regarding this alleged debt.

Also, i notice your intention of a Personal Visit, therefore i put you on Notice:

Please be advised that I will only communicate with you in writing.I have noted

your repeated attempts to contact me by telephone over the past few

weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a doorstep call, please be

advised that under OFT rules, you can only visit me at my home if you make an

appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be

able to visit me on my property without express pemission; the postman and

people asking for directions etc (Armstrong v. Shepparda nd Short Ltd [195912

Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under

Common Law for you, or your representatives to visit me at my property and if

you do so, then you will be liable to damages for a tort of trespass and action will

be taken, including but not limited to, police attendance.

Your sincerely,

 

...i know i'm probably far too polite, but i don't know how else to say this I would rather just put down...F*** O** and leave me alone LOL

[citizenB]

debt4get...may i ask something please...if you're around sometime......

 

I have drafted this up, would this do as a reply to Scotcall's letter?

 

Dear Sir/Madam,

Thank you for your letter dated ********** regarding the above ref.

I am rather bemused why this has been passed on to you. This Account has been and still is in Serious Dispute.

Also, Capquest should have informed you that this account has already been to Court and they have lost the case with Costs awarded to me.

I therefore would appreciate if you return this to the Original Creditor and expect no further communication of you regarding this alleged debt.

Also, i notice your intention of a Personal Visit, therefore i put you on Notice:

Please be advised that I will only communicate with you in writing.I have noted

your repeated attempts to contact me by telephone over the past few

weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a doorstep call, please be

advised that under OFT rules, you can only visit me at my home if you make an

appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be

able to visit me on my property without express pemission; the postman and

people asking for directions etc (Armstrong v. Shepparda nd Short Ltd [195912

Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under

Common Law for you, or your representatives to visit me at my property and if

you do so, then you will be liable to damages for a tort of trespass and action will

be taken, including but not limited to, police attendance.

Your sincerely,

 

...i know i'm probably far too polite, but i don't know how else to say this I would rather just put down...F*** O** and leave me alone LOL

 

Dear Sir or Madam,

 

Any references

 

I refer to your letter dated XXXXX.

 

I am rather astonished that you are pursuing this account as it has only recently been the subject of a court claim, issued by ???? under County Court ref 12345678.

 

XXXXX were unable to support their claim and it was dismissed with costs being awarded to me.

 

I would therefore suggest you have been misled by XXXX and would suggest you return this account to XXXXX.

 

THEN YOU CAN PUT IN YOUR "do not doorstep me" information.

 

 

HTH

[jellybabe]

Hi citizenB,

 

Thanks very much for that....you are a Star!

 

Will send that off first thing Monday morning!

 

jellybabe x

[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.co.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/consumer_leaflets/credit/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...1D83BF0004F6EA

[jellybabe]

Hi Silverfox,

 

Thanks for that. No i didn't report them to the OFT yet.

 

Thanks for the link regarding the new guidance, this is a very interesting read indeed!

 

I will definately look into reporting them now.

 

jellybabe

[jellybabe]

almost 5 months on and unfortunately i'm back

 

Have today received a letter of Capquest regarding this account informing me that they kept updating my credit file (which obviously i knew they would) and that they seen that i have a mortgage how i conduct all my other accounts aswell. Further checks will be made with the Land Registry Office to establish more precise details.This could lead to a County Court Claim being issued.....

They know of no defence to such claim and if i'm unable to show a valid defence to the Court a judgement could be awarded against me.

 

They are looking for a Charging Order now?????

 

And the only way to stop this is to contact them and work with them to find a solution and a repayment plan.

 

Please anyone...if you can help, it would be much appreciated.....quite urgently aswell please.......

 

I'm wondering if to just reply with this letter (as advised by citizenB at that time) i had sent to a debt collector when it got passed on just after i won the court case?

 

"Dear Sir or Madam,

 

Any references

 

I refer to your letter dated XXXXX.

 

I am rather astonished that you are pursuing this account as it has only recently been the subject of a court claim, issued by Capquest under county court ref 12345678.

 

Capquest were unable to support their claim and it was dismissed with costs being awarded to me."

 

I don't know what else to write??

 

Thanks,

 

Jellybabe

[jellybabe]

comment removed, as i found what i was looking for

 

Still need help though with my above post please.... #239

Edited February 24, 2012 by jellybabe
removed as i found what i was looking for

[citizenB]

Yes, you will need to go via Consumer Direct if you email the OFT.

 

Are you saying that, despite losing in court.. CapQuest are still pursuing you for this account ?

 

Please be aware that they will only be able to obtain a charging order if the reestablish the claim - win and then you were to default on the judgment.

 

However, I cant see them being allowed to re issue a claim against you as it would amount to the same claim as they previously lost.

 

I would send the letter below to them. Slightly amended .. to read..

 

 

"Dear Sir or Madam,

 

Any references

 

I refer to your letter dated XXXXX.

 

I am rather astonished that you are continuing to pursue this account as it has only recently been the subject of a court claim, issued by Capquest under county court ref 12345678.

 

Capquest were unable to support their claim and it was dismissed with costs being awarded to me."

 

I therefore consider your recent actions as intimidatory and harrassment and in this respect a complaint has now been made to the Office of Fair Trading.

 

Yours etc.

 

DO NOT SIGN..

[42man]

Any chance the debt may be statute barred by now ?

[jellybabe]

Hi CitizenB,

 

Thanks very much for your advice.

 

Yes, that is correct, they are still pursuing after losing. First it got passed on after losing ( i did send the above letter to the then assigned debt collector at that time)and now it seems to be back with Capquest?

 

Thanks for the amended letter, will get that printed and sent off in the morning.

 

Thanks ever so much

[jellybabe]

42man,

 

unfortunately not.

 

jellybabe

[citizenB]

Hi CitizenB,

 

Thanks very much for your advice.

 

Yes, that is correct, they are still pursuing after losing. First it got passed on after losing ( i did send the above letter to the then assigned debt collector at that time)and now it seems to be back with Capquest?

 

Thanks for the amended letter, will get that printed and sent off in the morning.

 

Thanks ever so much

 

Send by a tracked method.. recorded/special delivery and keep the receipt and print off the signed delivery slip when available. You know the drill

[jellybabe]

Yes, thank you...will do

[jellybabe]

I have yesterday received an email from the OFT that they have recorded the details of my complaint, and will consider this alongside any other complaints they have received with a view to any consumer credit licensing or other action they may decide to take.

[citizenB]

I have yesterday received an email from the OFT that they have recorded the details of my complaint, and will consider this alongside any other complaints they have received with a view to any consumer credit licensing or other action they may decide to take.

 

 

Standard letter.. but at least they do have it on record now. It would be interesting to know how many complaints they require before they actually do something !!

[jellybabe]

It would be interesting to know how many complaints they require before they actually do something !!

 

yes, it would also be interesting to see how many they actually have already

[jellybabe]

well, after a long time..i have today received another letter from CapQuest reminding me although they lost the case, i still owe xxxx.xx amounts of money.

 

They also sent me the CCA and a sheet with details of how the account had been used in the past and how many charges are on there. Also request me to contact them to arrange repayment if i can't pay it all in one payment.

 

If i still dispute the account, they want to know details of it explaining exactly (plus documentation) why and on what grounds.

 

Is there any way i can finally get rid of them??

 

I just don't know what to do no more, or shall i just resend the above letter which citizenB gave me a while ago?

 

Thanks,

 

jellybabe