Urgent Help Please - Statutory Demand

[eric54]

Hi all. Am new to the forum and would like some urgent help please.

 

My mum had an account with Kays Catalogue and i purchased £6k of goods from them. I was then unemployed for a period so unable to make payments and the debt was purchased by Capquest.

 

Capquest have now issued a statutory demand to my mother as the account was in her name. I have written to them explaining it is my debt but they wont accept this.

 

I am now worried out of my mind as my mother is a 68 year old pensioner and if they do proceed with bankruptcy she and my dad could lose their home through no fault of their own. What can i do?

[harrassed senior]

Had one today myself from the very same.

 

First thing, do not panic but if you could answer the questions below this will help us structure our advice.

 

Firstly, When exactly did you receive the SD as you only have 18 days to deal with this.

 

Secondly, How long ago did your mum open the Account with Kays?

 

Did your Mum order the goods in her name or yours as a Customer?

 

Your first move would be to send this ASAP

 

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

[eric54]

Thanks for your reply.

 

The SD was dated 20 July so not much time.

 

Not sure on time account was opened but would guess 3 years

 

The goods were ordered online via mothers account. I did return documents to Kays detailing the products I purchased

 

Have I enough time to send letter?

[Hardupnotfedup]

Was the SD signed by Barry Davis?

[eric54]

Yes it was

[Hardupnotfedup]

There is a view on here that Barry doesn't exist.

As far as I am aware if you cannot make contact with the person who signed the SD then you can have it set aside.

You need to try and speak to Barry on the phone try this 3 times over the next couple of days, just ring and ask to speak to him, DO NOT ANSWER ANY SECURITY QUESTIONS,when you get the excuses that he isn't available just hang up, keep a record of all the attempts that you make.

[Hardupnotfedup]

You will also need to fill in a couple of forms to try for the set aside, see thge helpful links on Harassed seniors post above

[citizenB]

eric how are you getting on with this. Have you submitted the set aside application ?

[shedder101]

i know its strange but this is another SD on the 20th of the month

 

perhaps Barry Davis only works the last week bloody part timers