Moving back to the UK

[awayfromtheuk2004]

Good Morning

 

When I left the UK I might have been Young and Reckless and I still have a DCA chasing a DEBT wof £5500 which was brought from AMERICAN EXPRESS the DCA is CAP QUEST, I have not been living in the UK for about 6 years and my father has been recieving letters as he has the same name he has spoke to them telling them to address them to junior which they are now doing. I hadn't recived any letters for the last 12 months and now it is getting really close to the 6 years and they have sent a letter saying that they are going to bankrupt me if I do not organise a repayment and or contact them, I think that its just a last grab from them as they know that after 6 years its Statue Barred I believe. I wanted to know do CAP QUEST actully bankrupt people or is it just a smoke screen. I will be moving back to the UK soon and have no possessions and only a small amount of money which is used for living on any help would be great.

[reallymadwoman]

Bankrupting someone is a really expensive way to try to get their money back - ordinary court action is much cheaper. I've read plenty of cases where a DCA issues a statutory demand, but never where they've actually gone for bankruptcy. In any case, it wouldn't do them any good if you've got no assets.

[cerberusalert]

If you have been out of the country 3 years (3 months in the EU) they cannot Bankrupt you here in the UK they would have to use the legal system in the country you reside & unless you have assets it wouldn't be financially viable for them to do so.

 

The SB clock starts from when you last made payment or a written admission to the debt. (5 years in Scotland)

[awayfromtheuk2004]

thanks for the positive feed back. If I have been to visit the UK in the last few months not lived there does this still apply?

[cerberusalert]

thanks for the positive feed back. If I have been to visit the UK in the last few months not lived there does this still apply?

 

You have to be a resident here.

[awayfromtheuk2004]

okay so I will tell you the full story of where I have been.

 

I was living and working on cruise ships from 2004 until 2009 and have never voted or been on any official documents (council Tax) inside the UK I haven't had any bank accounts and my photo drivers license is still at the original address as this can not be changed until I am living in the UK. I would visit the UK on vacation and stay for a maximum of 4 weeks every 6-8months after october 2009 I got married in the uk which i was required to be there for 4 weeks for this to be legal I have then been working in the republic of ireland. I plan on moving back to the UK soon how should I play this my dad has been opening letters from them with my permission and I have not acknowledeged the debt and still dont as of July/August/September 2004 what do you think the best way is to go about this ?

[unclebulgaria67]

thanks for the positive feed back. If I have been to visit the UK in the last few months not lived there does this still apply?

 

My advice is to make sure CapQuest have evidence that you reside abroad. Your dad could send them a recorded delivery letter stating that you are living abroad and you can send them a letter from where you live abroad.

 

This is a wise thing to do as companies should not really be take forward a bankruptcy using a statutory damand when you are unable to respond. But CapQuest are one company that is known for issuing statutory demands, whatever the circumstances. I suspect that they could issue a statutory demand to your dads house, if they are not advised that you are abroad. They may still try in on, so your dad will need to check all letters received.

[awayfromtheuk2004]

he has informed them that I dont live at that address and im abroad but they continue to send letters

[unclebulgaria67]

he has informed them that I dont live at that address and im abroad but they continue to send letters

 

Yes they will do that for a number of reasons. Ignorance, stuborness and in disbelief that what your dad has said is true. Hence why you might also want to send a letter to them from Ireland. Can you send by International recorded delivery ?

 

The chances are that this debt will become statute barred sometime this year. CapQuest will know the date for this, so they will be trying really hard. This is why they are threatening to issue a statutory demand.

 

My instincts are that CapQuest are bloody minded, so they will go forward with a statutory demand. Therefore very important for your dad to keep an eye on the post. If any letter mentions statutory demand being issued, then you will need to take some action to stop it being granted in your absence. Post back if this happens.

[awayfromtheuk2004]

so if he recives a stautory demand he should post it back recorded delivery with a letter saying that I have been living outside of the country for the last 6 years and that this is not and has never been my address

[unclebulgaria67]

so if he recives a stautory demand he should post it back recorded delivery with a letter saying that I have been living outside of the country for the last 6 years and that this is not and has never been my address

 

The reason I said post back, if this happens, is that there is no point going into the process until it happens. They may never issue a statutory demand.

 

If they do, then your dad will need to contact the nearest court to him that deals with bankruptcy to inform them that you are out of the country and have been for 6 years. Plus that CapQuest have been told this before.

 

Yes he would need to contact the courts and not CapQuest. When CapQuest issue an SD, they will have done this through the courts, so it is only the courts that can stop the process. CapQuest won't withdraw, once they have started.

[awayfromtheuk2004]

if they issue a SD its not just through a regular mail it has to be recorded delivery or by person right, but why would they try and bankrupt me I have nothing in the UK so what could they get?

[Seminole]

CQ issues stat demands to scare the living daylights out of people. They're unlikely to pursue it through to bankruptcy and it doesn't cost them much to send them out.

 

It's a brutal but effective means of debt collection. Trouble for CQ is that the courts and the regulators don't like the insolvency system to be used in this way.

[unclebulgaria67]

if they issue a SD its not just through a regular mail it has to be recorded delivery or by person right, but why would they try and bankrupt me I have nothing in the UK so what could they get?

 

They have been known to send them by standard post.

 

The point about statutory demands, is that people fear being made bankrupt so much, that they decide to arrange payment. Companies should not really be using them in this way. In fact, they have been requested to appear in court in September in another case. Perhaps judges are getting a bit annoyed about SD's being issued, when there is no intention to go through with bankruptcy.

 

Have a read of the link below and this will answer your questions.

 

Legal Issues Explained - Statutory Demand

[awayfromtheuk2004]

Okay so im going to try and sum up all the advice given

 

CQ will probably not persue this any further.

I should not worry about the SD as they are sent out as a scare tactic.

When im sure the debt is SB I should send them the letter found on here and this should close the matter.

 

Is this all correct

[Jaws75]

from what i've been told the 6yrs means jack if they've ccj'd you in your absence...it apparently stops anything from being stature barred. wish i was told this in the beginning.

[awayfromtheuk2004]

from what i've been told the 6yrs means jack if they've ccj'd you in your absence...it apparently stops anything from being stature barred. wish i was told this in the beginning.

 

Can somebody else verify this and if so how would I know if I had been CCJ'd and what will it mean to the debt when I return?

[awayfromtheuk2004]

also why would they not just CCJ every debt?

[awayfromtheuk2004]

Is this not a legitamate question? Sorry if im being ignorant/stupid

[Seminole]

You can check for any CCjs at any UK address you've lived at during the past six years. You can do this at the Registry Trust website and it costs £8.

 

In your case, if you haven't lived in the UK during that time I would check under your name at your father's address.

 

The simple fact is that they should be using a CCJ to recover the debt rather than the insolvency legislation. The reality is that it's cheper to issue an SD than it is to go through the county court.

[unclebulgaria67]

You can check for CCJ's using. CCJs, court orders & fines - Search yourself and others - Trust Online

 

If CQ had a CCJ, I would have thought you would have known about this, as your dad would have received court papers. I presume that they used your dads address for correspondence. You are correct to say that if they had got a CCJ, this would have stopped the debt becoming SB'd.

 

From I have read, CQ don't generally use the CCJ process. They instead like to harass people into paying and if that does not work, they go for the SD.

 

It is up to you what you do. Ignore, do nothing, but ask your dad to check the post and let you know if anything received. Or follow the advice previously given by me, which you can read again.

 

The danger of doing nothing, is that CQ will go for the SD. This is why it is vital you have evidence of informing them you live abroad. This would stop them getting the SD, as you had no chance of defending. As soon as the court were aware you had lived abroad for 6 years and the CQ had not served the SD letter on you properly, they would tell CQ to get lost.

[awayfromtheuk2004]

So unclebulgaria67 a quick question if I send them a letter saying im living outside of the UK will this not count as contact and start the 6 year process again at the moment Im moving back very soon and what would a statutory demand mean for me. Thank you for all your time and information im currently in Bulgaria Sofia if you would want to meet up for a pint to talk about this my treat

[king100]

Surely to get a CCJ, they would need proof to show in court. Like the CCA and I guess the judge would have to have all the proof before hand it might be SB, from reading this forum it doesn't always seem to be the case and that they are chasing non existent debts.

[awayfromtheuk2004]

What does a SD mean and how long does it last?

[unclebulgaria67]

If they get the SD and you don't set this aside, I believe they can then petition for your bankruptcy when they wish. Not sure of the time limit, maybe 6 years.

 

I think once the SD is granted, this stops the debt becoming statute barred.

 

If your dad receives any paperwork make sure you are clear what it says. If it is an SD, you then have 18 days to get it set aside from the date it is served. If he has a digital camera, he could always take a photo of it and send it you as an email attachment.

 

You are quite right to worry about this. CQ are very slippery people to deal with, as they don't appear to follow the rules.