capquest statutory demand help!! postggj

[annoyedagain]

Yesterday i received a statutory demand from capquest as they have apparently bought my debt from mbna,

I have read loads of threads about similar problems and the majority say i need to get it set aside

 

I dispute this debt on the grounds that MBNA send me a doctored CCA ~ see this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?173383#post1871012

 

I wrote to MBNA at the time disputing that the cca was genuine and made them a f&f which they refused

 

Is this enough to dispute it and get it set aside?

 

POSTGGJ I could do with your help please!

Edited January 22, 2011 by annoyedagain

[postggj]

i see you have been doing some research so you know not to panic

first thing is

 

when and how did you receive the sd and the daste on it

 

is it mr ghost barry davies who hs signed it

[annoyedagain]

Thanks for coming to me post

 

Yes its from barry by 1st class post dated 20th January and i received it yesterday

[postggj]

give me half an hour to go over your other thread:?:

[postggj]

have you been in previous contact with crappyquest

 

did you do a cca request with crappy quest

[annoyedagain]

ok thanks

one other point is i received a letter from mbna on the 20th july 2009 saying they had sold my balance to direct legal-dti's then on the 24th august 2009 i received a letter from capquest saying they had bought the debt from mbna - How do i know who bought it ?

[annoyedagain]

no i have made no contact with capquest at all

[postggj]

no contact

 

brill8-)8-)

 

so no pre action protocol

 

right then the first thing you need to do is send a cca request by recorded delivery to crappyquest today

 

they have 14 days to reply

 

we have 18 days to get this set aside application in,

 

no problem on that so we will wait for the 14 days to expire before putting the docs in

[annoyedagain]

ok thanks, do i just use one of the standard templates?

[postggj]

ill dig it out and post it up

[annoyedagain]

Thank you, ive just been searching the library but couldnt find it

[postggj]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.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.

 

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 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.

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

 

PRINT YOUR NAME

 

AND DONT SIGN AND SEND TODAY BY RECORDED DELIVERY

 

 

YOU USE CRAPPYQUEST REF NUMBER AT THE TOP OF THE LETTER

[annoyedagain]

thank you

I will get on it straight away

[postggj]

YOU HAVE JUST EARNED £300 QUID COSTS

 

ALL ON CRAPPYQUEST

 

WHEN WILL THEY EVER LEARN:roll:

[annoyedagain]

Do you think mine will be that simple

Do you agree that my cca is a cut and paste with the addresses being different etc.?

[postggj]

the cca makes no difference at this point

 

there has been no pre action protocol

 

we will now get this set aside and crappyquest or any other dca will never again darken your doors with an sd application

 

give me an hour and ill post up a letter for you to send in the same envelope as the cca request

[annoyedagain]

[annoyedagain]

I have received letters off them in the past and one warning that they are preparing a statutory demand on 17 december if that is what you mean

[postggj]

can you type out whats on the demand

 

its should be monies owed etc

[postggj]

as long as you have never phone or wrote them a letter, acknowlged the debt, or this debt has a ccj against it

[annoyedagain]

The creditor claims that you owe the sum of £9316.84 full details are set out on page 2 and that it is payable immediately and, to the extent of the sum demanded , is unsecured

[annoyedagain]

no i have never contacted them or received a ccj to my knowledge which i imagine they would have to inform me of if i had

[postggj]

CAPQUEST

XX

XX

ANNOYEDAGAIN

XX

XX

 

DATE XX

 

REF NUMBER

 

Dear sir/madam

 

Today 22/01/2010, I received by first class post a statutory demand for bankruptcy from your company. I am bemused at this as I never had a credit account with your company so I have enclosed a credit agreement request with this letter.

 

I would be obliged if you can send me by return

 

1/ a copy of any agreement as to my request

2/ a copy of any default/termination notice

3/ Full statement of account on how any debt is made up

4/ any notice of assignment sent by capquest or any other creditor to comply with the law of property act 1925.

 

I need not remind you that if you maintain that you are in fact the creditor, you have an obligation to supply this data if any debt/account has been assigned to capquest from a previous creditor, and it’s not for me to contact any previous creditor.

 

i have now put this matter into official dispute untill you comply with my requests

 

PRINT/ don’t sign your name and put in with your cca request and send recorded delivery (most important)

 

 

 

 

GET THE TWO LETTERS SENT TODAY AND MAKE THERE DAY:jaw:

[annoyedagain]

The cover letter on the statutory demand does say at the top of the page

 

debt purchased from mbna

account no. xxxxxxxxx

Balance due xxxxxx

 

does that make a difference to the letter you have just done?

[postggj]

No difference

 

if i sent you a letter saying you owe me xyz without proof

 

would you pay it

 

you are falling into the trap most new members fall into and start pulling at strings.

 

The courts like things simple and on relevant points of law, not a 300 word essay

 

ive done this many times with crappyqest.

 

What you will get next is a letter from crappyquest stating they have withdrawn the sd, and they then can sod off

 

has your local court been listed on the sd