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

[jellybabe]

oh yes, they also apologised for only just getting back to me??? Apparently there was some kind of administrative error....yeah right, is that the excuse they come up with for sending the CCA many many months late after i requested it?

[citizenB]

IMHO, I would report them to the OFT .. again .. for harassing you. They have had a claim dismissed and costs awarded against them. I would then make a complaint to the Financial Ombudsman along the same line.

 

You could send a letter to CapQuest advising that in view of their latest attempts to harass you, you are now making an official complaint to the Ombudsman.

 

HTH

 

When you say they have sent the CCA, is it correct ?

[jellybabe]

Hi CitizenB,

 

Thanks for your reply.

 

Will report them again and also send a letter to them as advised.

 

Not sure on the CCA, i'm still very confused with those things.

 

They sent me a copy of a letter Shop Direct sent me in Aug 2010 (in reply to my original request), on the back of that they have printed out the flexible account-credit agreement. I filled it in 2004. It's got my signature and date on it. It's got details on the bottom about APR etc. The usual stuff.

On a seperate page there is further t&c's.

[debt4get]

personally although it is galling, they are seriously best ignored....if you start replying you will get into the letter ping pong game...you send a letter, they send a letter, you send a letter....they already know why you are disputing, they are looking for more ammunition..as citizen has said report em and forget em

[jellybabe]

Thanks debt4get,

 

I'd rather forget them than anything else, i'm just scared they will file a claim again.

 

It was very scary having to go into court and actually fighting for your right.

[debt4get]

as an aside if there has been no activity on the account for a number of years...and it finally gets to 6 years then the account will become statute barred now i dont know when you eventually stopped any activity on the account but my guess is there is not long to go before you get to this position and that is why they want you to write and acknowledge or give reasons why you arent paying....plse dont give em any information...if they think they have a case let em issue an N1 county court paper...but dont hold your breath waiting for it

[debt4get]

Thanks debt4get,

 

I'd rather forget them than anything else, i'm just scared they will file a claim again.

 

It was very scary having to go into court and actually fighting for your right.

after losing their SD case i would be more than surprised if they try that again.....and even if they did you just go armed with the same judgement as before and they are on a hiding to nothing......they are fishing i wouldnt give them the time of day

[jellybabe]

Does that count from when i stopped conversation with Capquest or the original account?

 

Capquest i contacted last in March 2012, that would mean i still have 5 1/2 years to go :/

[jellybabe]

Thanks for all the advise

[debt4get]

no its from when the last payment was made on the account..it has nothing to do with when crapquest got their mucky fingers on it....

[jellybabe]

Ok, that would be good then, because on the account activity sheet they sent me today it states the summary of transactions during the last 3 years.....and my last payment on the account is actually stated as Jan 2007.

But what's a bit confusing me now is that the account didn't default until April 2010?

 

But i'm not sure about letters. I obviously had contacted Shop Direct right until 2010 i think, regarding the CCA and charges etc.

[42man]

Some of these debt collection agencies don't register it as a default for a long time after your last payment to the original creditor..

[jellybabe]

Hi 42man,

 

According to Capquest it's Shop Direct that forwarded the details of statement and that the account defaulted in 2010, even though they state that the last payment was in 2007.

 

I'm totally confused now.

[jellybabe]

Right, i have just checked my credit file just in case.

 

There is nothing on there no more from Shop Direct (i know it shouldn't have been defaulted by both, but thought i check just in case anyway).

 

All i have is the file from Capquest stating the date above as default date, and the paperwork they sent me today from Shop Direct that the last payment was in Jan 2007.

Which one is the important date for me now? Bearing in mind that we played letter ping pong with shop direct for quite some time after 2007.

 

I'm hoping that this will be statute barred in Jan 2013 (fingers crossed that someone can confirm this for me), but i will not hold my breath.

[debt4get]

the important date is 2007 this means that there is now a gap of 5 years, so we are now heading towards the 6 year statute barred, and is probably the reason why crapquest have again raised their ugly head......it will defo be sb'd in jan 2013 after which tell em to sling their hook!!! seriously though i would totally ignore them until this date then send sb'd letter from library

[jellybabe]

Oh thanks so much!

 

That would be great! I was always under the impression that if you write to the original creditor for whatever reason,it would mean you acknowledge something. And therefore the time starts again.

 

But if this really sb's in Jan, then i will deff hold back with everything.

Is there any way to find out that it is sb'd in Jan for sure?

 

Thanks so much for all the advise so far from all of you. It is much appreciated!

 

jellybabe

[debt4get]

what the law says is 'if there is no payment or activity on the account, and you have made no acknowledgement that you owe the money' so providing you have done neither then you can take the date from 2007

[debt4get]

just because you have written asking for information does not mean that you have acknowledged the debt...

[jellybabe]

Hello again,

Thanks for that.

 

I have just had a look through my started threads as i had a feeling i went after the charges with Shop Direct in the past.

In my littlewoods thread my last post was 2008, so i assume that's when i stopped writing to them and it got passed on.

Because i went for the charges refund i assume that counts as acknowledgement.

So i guess i have another year of waiting at the least :/

I have to try and get all my paperwork out again and have doublecheck on what i did back then.

[citizenB]

You have to actually admit liability for it to count.. as d4g has said.. the last payment date is the one that matters..

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[jellybabe]

Thank you very much! All of you!

[jellybabe]

Yay, it's Jan 2013. Hope you all had a good Christmas and New Year!

 

I'm being inundated with Phone calls from CapQuest now, even to my mobile! God knows where they get my mob nr from.

But i suppose they can do what they want.

 

I'm just waiting for Jan to finish and i will send the Statute barred letter off.....and then just hope that i'm right with that. lol.

 

Don't want them to come back to me with any surprises.

 

jellybabe