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Capquest threatening 2nd Stat demand for same debt


lee32uk
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Hi all

Back in April this year I received a Statutory demand (Normal 2nd Class post) from crappyquest for a disputed MBNA credit card account. I didn't get this set-aside and have heard nothing until today.

I previously sent a CCA request to MBNA in Feb2010 and received an illegible copy back of a tear off slip.

 

Today I have received a letter stating that they are instructing a Field agent to attend my address and personally serve another stat demand.

 

Surely this is an abuse of process ? And would a Judge take a dim view of 2 stat demands for the same debt ?

 

I intend to get this one set aside if it indeed arrives, but any advice would be welcome.

 

regards

Lee

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moved to legal section

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think your first stop should be a complaint to the OFT. They aren’t too keen on this kind of thing – using SDs and threat of bankruptcy as a debt collection tactical weapon. If they’ve already issued an unopposed SD, they should be going for bankruptcy – this is all the evidence you need to prove misuse of the system.

 

In the meantime, more detail about the account and its background would help in preparing for the issue of any SD.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Hi Donkey

 

The Credit Card account has around 13K on it. My original CCA request was back in January 2009 and I received a very poor copy of what looks like a tear-off slip (See Link)

http://www.consumeractiongroup.co.uk/forum/showthread.php?182396-lee32uk-v-MBNA&p=1966438&viewfull=1#post1966438

 

The last time I made any payment was around Jan/Feb 2009, as I put the account into dispute until they sent a better copy (Which they didn't). I had the usual default notice, and then it was passed to Capquest sometime in late 2009.

 

I really hope that they do turn up at my House with another SD as I fully intend to get this one set aside, and also hammer them with costs. It really annoys me how they think they can just flout the law and get away with it.

 

thanks

Lee

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Oooh good, an illegible load of tosh!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 10 months later...

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 asidelink3.gif 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 collectionlink3.gif 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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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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 asidelink3.gif 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 collectionlink3.gif 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

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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