Capquest Stat Demand

[ddavis]

Hi All,

 

Partner has received a stat demand and i'm a bit confused...

 

1) Seems to have been hand delivered but just through the letterbox whilst we were out. (1st class frank but no postmark, came after postman did).

2) The letter and demand are both dated almost 1 month ago.

 

We actually sent a CCA request to capquest yesterday, we also believe the debt may be statute barred. Capquest got it in Sep 2005 (according to SD) but it is for a Halifax account that dates back to 2002. Not sure when it was defaulted on though because we weren't together back then.

 

It is for over £3000 (£1500 of 'interest'). There is a court mentioned and it is our local court. It's signed Barry Davies. There is nothing else attached to it other than their letter.

 

As we only sent the CCA yesterday we have nothing else.

 

I've read that she should attempt to contact the infamous Mr Davies 3 times so we will start that tomorrow.

 

What do I do?

 

Thanks so much in advance

[mandyjayne]

bump

[ddavis]

Anybody?

[mkb]

Am no help to you but I have alerted the site team and I'm sure someone will be along soon.

[citizenB]

There are plenty of CapQuest SD threads around the forums. I have linked you to a couple below.

 

http://www.consumeractiongroup.co.uk...p-to-set-aside

 

http://www.consumeractiongroup.co.uk...ke-me-bankrupt

 

 

There are 8 key elements to an SD set aside, if the creditor fails on any point you can direct for a set aside and claim costs.

 

Forgive me, its late and i can't remember the exact details, may be worth trying 42man if inbox isnt full, in the meantime I've pasted the below to set your mind at rest; ideally you'd have penalty/unfair/PPI charges to invalidate the SD:

 

 

What is a statutory Demand?

 

 

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor.

Please note that a statutory demand in 90% of instances is 'bluffing technique' used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent.

 

 

Why are Statutory Demands to powerful?

 

• The Statutory Demands procedure is simple to implement.
  
• To issue a statutory demand all you need to do is complete a form.
  
• You can send a statutory demand by recorded post, without the need of personal delivery.
  
• You do not need a solicitor to issue a statutory demand.
  
• You do not need to pay expensive court filing fees issue a statutory demand.
  
• People assume that a solicitor has been utilised so get scared and pay immediately.
  

What is the point of a statutory demand?

 

 

 

 

 

 

A statutory demands is supposed to make sure the person in debt pay the amount owing this is either carried out by paying in full or:-

1. It is a way to get the debtor to offer his or her property as security or;
   
2. It is a way to get the debtor pay up in another agreed way. Such as instalments.
   

When is a statutory Demand a threat?

 

 

• A statutory demand is something to worry about if your debts are over, say, £1000.
  
• A statutory demand is a threat if the person after the debt is wealthy enough to carry out the bankruptcy threat the whole way.
  
• A statutory demand is a cause for concern if the person after the debt is bitter and angry enough to actually make you bankrupt.
  
• If you are a home owner or actually have assets you are at risk of losing if you go bankrupt then a statutory demand is a threat.
  
• The person you owe the money to knows you are a home owner or have assets therefore is willing to spend money making you bankrupt.
  
• If your reputation is at risk by the public finding out about the statutory demand process being started against you.
  

How to reduce the risk of bankruptcy following a statutory demand.

 

 

• To avoid bankruptcy reduce the debt to less than £750.
  
• Offer to pay the debt by instalments.
  
• Make a reasonable offer to settle the debt.
  
• Apply to have the statutory demand set aside
  

The procedure to get a statutory demand set aside.

 

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

 

 

 

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

• The amount stated on the statutory demand is disputed.
  
• The person issuing the statutory demand also owes money. This is called a counterclaim.
  
• The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  
• The demand was issued in error.
  
• The amount owing is less than £750
  
• Execution has been stayed on a judgement debt.
  
• The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  
• The creditor failed to comply with the rules and prejudiced the debtor in the process.
  

What are the time limits to get a statutory demand set aside?

 

 

An application to set aside must be made with 18 days of the statutory demand being served.

 

What forms must be used to get a statutory demand set aside?

 

Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court.

 

Can the court dismiss an application to set a statutory demand set aside?

 

Yes, if application if there are no reasonable ground to do so.

 

What forms are typically used in the statutory demand process?

 

1. Form no: 4.1
   Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
   
2. Form no: 6.1
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
   
3. Form no: 6.2
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court
   

 

I think the first thing you need to do is check with the court mentioned on the StatDemand to ensure it is the correct court for filing.

 

If it isnt then you need to find out where the nearest court is that does deal with Stat Demands.

 

I see you mention this was issued a month ago. You must therefore ensure that no judgement has been awarded already.

 

Make it quite clear to the court that this was only posted through your letter box yesterday even though it has been stamped first class post.

[ddavis]

Thanks for that

 

It came through the letterbox with a 1st class frank on it, but no post mark and AFTER the postman had been - so we're assuming it was hand delivered by an agent.

 

How do we check that no judgement has been awarded already? There is nothing on her credit file (she has an online account).

[citizenB]

Will try and find out for you.

 

Do save that envelope

[ddavis]

I managed to rescue the envelope, luckily I checked a few other threads on here!

[citizenB]

I managed to rescue the envelope, luckily I checked a few other threads on here!

 

Excellent

 

Did you phone the court to make sure that the court they have mentioned on the SD is the correct one ?

[gh2008]

Excellent advice and totally agree with cB - First thing Monday - check with the Court to find out EXACTLY what has happened so far and what stage it is at.

 

Then apply to have it set-aside

 

Spend teh weekend getting up to speed with the SD process and Capquest's tactics. cB has already posted a couple to get you started. Forewarned is forearmed and information is power

 

Sorry I can't be of any more help as I have never had to deal with an SD - but there is plenty of expertise on here, so read, read read, and then you can hit back ..... hard - they don't like it

 

Good luck

[ddavis]

Ok cool, we'll call them first thing monday. It looks to me that it is the correct court (given our location and the size of it) but as you say best to check.

 

I've read a lot on here, and a recent poster seems to be in an almost identical position to us so that has really helped too.

 

I think it's all just a threat, I can't see why they would apply to have someone made bankrupt when they know full well that the court will reject it anyway. But best to apply to set aside anyway

[emandcole]

Hi, not gone through this process so not sure I can add much other than read, read, read....the obvious I guess .

 

I'll have a look round though, might unearth something useful.

[citizenB]

Thanks for that

 

It came through the letterbox with a 1st class frank on it, but no post mark and AFTER the postman had been - so we're assuming it was hand delivered by an agent.

 

How do we check that no judgement has been awarded already? There is nothing on her credit file (she has an online account).

 

Apparently you can check whether a judgement has been awarded already on this website

 

http://www.trustonline.org.uk/ - it costs £8.00. Alternatively I guess you can ask at the court if they have given you the correct one.

[ddavis]

Hiya,

 

Thanks for all the help so far...

 

1) It is the correct court, they have confirmed.

2) Told by the court that no judgement has been entered, nothing will happen with the demand unless we apply to set aside then there will be a hearing (sounded odd to me, but she seemed to know her stuff).

 

Also, we have received a reply to the CCA request (sent 1 day before we got stat demand).

 

"Thankyou for recent correspondence blah blah, we have requested a copy of the agreement and it will be forwarded once received. Attached is a notice of assignment and account statement".

 

The statement is only for their interest, nothing to do with the original debt.

 

Has this affected anything? I had mentioned on form 6.5 that no notice of assignment / account statement was attached to the stat demand, we've now got one but only because of the CCA letter.

 

We still believe the debt to be statute barred - should we send a SB letter or just add that to form 6.5?

 

Cheers

DD

[gh2008]

Ok, I doubt very much that the original agreement included the option for post-termination interest to be added, so IMHO that in itself is enough to dispute the amount claimed and have the SD set-aside.

 

Send the SB letter not sure about adding it to the form... maybe others could advise.

 

AFAIK getting these set-aside is pretty straightforward as the other side never follow the rules.

[ddavis]

Ok cheers. But does sending the CCA mean it's no longer statute barred? We used the letter from this site, but it doesn't have the "do not acknowledge" line on it - but does use words such as 'deem' so I would assume it doesn't constitute acceptance of the debt.

[gh2008]

IMHO they would struggle to show how you sending a letter challenging them to prove an alleged debt was actually you acknowledging that you owed them money ...

 

IMHO if that's all they have they will not want to go anywhere near a Court saying that ........

[citizenB]

Ok cheers. But does sending the CCA mean it's no longer statute barred? We used the letter from this site, but it doesn't have the "do not acknowledge" line on it - but does use words such as 'deem' so I would assume it doesn't constitute acceptance of the debt.

 

Not at all, you would have to have acknowledged that you owe them anything or paid monies to the account before they could claim that it wasnt statute barred.

 

IMHO they would struggle to show how you sending a letter challenging them to prove an alleged debt was actually you acknowledging that you owed them money ...

 

IMHO if that's all they have they will not want to go anywhere near a Court saying that ........

 

^^^^^^^^^^^^^

What gh says

[ddavis]

Cheers again.

 

So should I send the SB letter citizenB? Or just enter it into our form 6.5 and bring it up with the court?

[citizenB]

You havent been able to contact anyone at CapQuest have you ?

 

In which case, just enter it on to the form 6.5.

 

You will / or the court will be sending a copy of the form to CapQuest so they will find out soon enough. They should have made certain in the first place.

 

I see gh has said send the SB letter. It wont do any harm to do both.

[ddavis]

Righto!

 

No, no contact with anyone yet, although only 2 calls so far. Will make another.

[citizenB]

I see no reason why you should keep phoning them. You have tried twice.. that IMHO is sufficient.

[Anna_j]

Hi, I am off to court tomorrow and could do with some advice - my full case is laid out HERE

 

I have just noticed that on the original SD the court they say i needed to apply for the set aside - i.e. Part A is the wrong court - i went there and they sent me to another court which is where my case is being heard - is this another ground to have the SD set aside because it was issued incorrectly.

[gh2008]

dd check page 3 of Anna'a thread as there is some very useful info from Post there

 

Anna, rather than having to wade through 300 odd posts on your thread, could you post (on your thread) a 'summary so far' of what has happened and exactly what you want advice on

[Anna_j]

sure