CAPQUEST Statutory demand, 18th day!!help!!

[wishful-thinking]

I was handed a SD from Capquest, on the 9th of July.

Its dated 24th june, and signed Barry Davies.

 

The opening times on the back of the letter state open until 9pm on a monday, i rang just after 8pm and heard a message that said they were closed!!

 

Particulars of debt are a debt dated 7 july 2004, with Natwest, and the debt was assigned to them 30 october 2007, The debt is for £24,067 and includes 731.73 interest accrued since assignment of debt.

 

I cannot remember the last date that i made the payment, i think it could have been 2005, there is no credit agreement included with the letter.

 

A court has been named in the letter although im not sure if it is the closest court to me that deals with bankruptcy.

 

I live in a rented housing association property, bought a car for £200 and dont have anything else of any value.

 

Im just wondering what i can do, do they ever actually go through with the Bankruptcy?????

I did get a letter last year warning me if i didnt make payment they would after 18 days go to court, but i ignored it and never heard anything!!

They ring about 20-30 times a day, i did try to speak with them at first, and sort some arrangement out, but they are so rude and was trying to make me pay more than i could afford so they have had nothing and i never speak to them!!

I have only found this site today, and any advice would be wonderful, i realise its late in the day as tomorrow is day 19!!Help!!

[ScarletPimpernel]

What is the debt related to - a loan, credit card, or what?

[martin g]

Hi,

 

The 18 days run from the day that it came into your hand, not the date on the SD.

There a lots of threads about capquest at the moment.

If you provide some info on the type of debt you will get lots of help,

 

Relax, you have a little time to play with,

 

Martin g

Edited July 26, 2010 by martin g
spelling

[wishful-thinking]

It was an unsecured loan, today is the 18th day since i recieved the demand!!!

Thanks for replying , all of you.x

[ScarletPimpernel]

Even if unregulated, there must be some paperwork, and Capquest will have to demonstrate that they have the right to charge interest. In the meantime (and I stand to be corrected), I think you could get the SD set aside on the basis of the figures being incorrect, or the debt being disputed.

[harrassed senior]

ok, you are allowed 18 days to respond to Court, however, the SD is NOT a Court document, so until you put in your response the Court knows nothing about it so no panic there.

 

Nothing too terrible is going to happen in the immediate future. Although it is generally suggested that we do apply to set-aside these SDs, before finding this site I did ignore one, from Crap-quest and nothing happened at all.

 

If, as you say you own no property, it is pointless them going for Bankruptcy, however, I think that although you may have run out of time for the set aside, I think you should now go on the offensive to let them know you are not a push-over.

 

Firstly, you need to apply for a CCA:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 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 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

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.

(Optional)

You should also note that I will only discuss this matter in writing and 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 or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 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. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

 

You can also send this letter with regard to the telephone calls:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

 

I understand that the SD may have been correctly served in person, so that at present would I believe have been your only cause for set aside, as you would have to have applied for a CCA and let it run its course before their non-compliance could be used as a reason.

 

Get the above letters off asap, and see what comes back.

[wishful-thinking]

How do i go about that?and would i be rite in thinking that if i dont manage to do this, that i will be made bankrupt this week?????

[harrassed senior]

If you did want to try set aside I would get it done tonight and take it to the Court in the morning.

 

here are the links to the forms you will require to fill in and take in person to the Court tomorrow:

 

Forms for Setting Aside Statutory Demands:

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

[harrassed senior]

As said, nothing too drastic will happen, now, or if at all.

[wishful-thinking]

Thanks for the advice, i will send a letter fo CCA tomorrow, im going to leave the set aside through the court and see what happens.

Im more annoyed that they are closed when they say they are open!

[harrassed senior]

Nothing will go through Court if you ignore the SD, and by getting the CCA request in straight away they will stop any further action for the time being as if they cannot comply within 12 + 2 days the account goes into dispute until and if they are ever able to produce the correct paperwork.

 

Well given they are having to make cuts in staff, I expect the template button pushers have to be in bed by 8 pm.!

[ScarletPimpernel]

If this is an unregulated loan a CCA request will not help.

[wishful-thinking]

Ok im not sure what that means then, what should i do and what is an unregulated loan?!

[ODC]

Do you have any other outstanding debts

[wishful-thinking]

Yes i do at the moment, this is the biggest though!

[wishful-thinking]

bump!!

[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