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Another capquest SD to add to the pile!

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Hi all,

 

I had a cc with Skycard (See http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180584-skycard-cca-valid.html )

This was "sold" to capquest in early 2010.

When i received my first letter from capquest i sent them the usual CCA request etc.

I heard nothing until i got a letter on saturday stating:

On 26 may 2010 a SD for bankruptcy was sent to you which we have not received a positive contact from.

I received no such letter.

They then go on to say that their field agents Resolvecall will attend my address to serve the SD. Blah blah blah.

 

I sent them another letter stating no cca has been forthcoming etc.

 

My question is what do i do next?

If resolvepooh do attend what should be my action? accept the demand etc?

 

Thanks,

 

BTK


Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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not really a lot to do at the moment the sd they sent out is now useless as they havent proceeded with it...is the debt to sky more than 750 quid? cos it needs to be at least this high to initiate bankruptcy?

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How many of these SDs have been reported to OFT/Trading Standards? Crapquest are sending them out like confetti


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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dont know but this one should defo be...it was taken out and never acted on...and it should be reported to oft..it is an abuse of process

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Hi,

 

The amount was initially £750 but due to charges etc it has risen to £1183.10. Not sure if that makes any difference??

I see that alot of people are receing similar letters in the post. Is it worth reporting to OFT etc or see what hand they play next?


Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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Definitely let TS/OFT know about it. Abuse of process. Using Insolvency procedures to collect debts is NOT allowed


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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You need to get the SD set aside on the basis that the SD was not served on you. They can send the letter by standard post, but by doing so, would have no proof of posting.

 

If you get it set aside, then unlikely they will go back again.

 

Have a read of the following.

 

Legal Issues Explained - Statutory Demand


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Thanks Guy's will get onto it today.

 

These crooks, why are they getting away with it!


Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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Thanks Guy's will get onto it today.

 

These crooks, why are they getting away with it!

 

They get away with it because 1. Not enough people complain 2. OFT does nothing enforcement wise


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Just an update.

 

I sent our friends at Capquest basically outlining that neither themselves or the OC had furnished me with an agreement and to go away.

I received a letter this morning saying the account was on hold for 28 days while they obtain the information required. They also go on to ask if i had any proof or paperwork that may help them would i be kind enough to forward it to them!

Ofcourse Mr Capquest i will send it right away!:p

 

If they have supposedly served a SD are they now able to double back and place on hold as though a SD was never mentioned?

 

BTK


Cabot At Court Stage

Barclaycard Settled, Amount Written off :D 12/02/09

Cabot At Court Stage(2nd account)

Skycard Now with Capquest, Threatinging SD

Next No CCA received, in dispute sent. Nothing heard for over a year

HSBC No CCA received, in dispute sent

EGG S.A.R sent 04/02/09

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More evidence to 'back up' your complaints.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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