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capquest statutory demand help!! postggj


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I'm in the same boat. Old debt from 1998, Barclaycard. I haven't paid anything in more than 6 years. Been hounded by Capquest and they have also tried to find out about me from neighbours, who now don't talk to me.

The latest letter from Capquest states that a Statutory Demand will be issued on 12th Feb.

Do I need to send the Statutory Barred letter or CCA letter first ?

 

They say I owe £2500

 

My situation.

I rent, have virtually no assets apart from a cheap car. My work has recently dried up. I am single.

 

I have therefore given up my rented flat, and I move out before 12th Feb. I intend to move overseas permanently. The flat owner already has another tenant to move in mid Feb.

 

Therefore, should I still send these letters as if they proceed they won't have an address to serve me.

 

Thanks for your help

 

Tom

 

if you are certain you have neither paid nor admitted the debt in writing for over 6 yrs AND you want to "wupp their Ass" then wait until they issue the SD (which they wont) then put the SD defence in and it will have cost them a few bob

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Hi annoyedagain

 

any questions relating from any of my subscribed threads should be directed toward those with a suitable knowledge and not necessarily just the siteteam.

thanks for all your time and many friends ive aquired on cag

and

 

good luck

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Post, I take it you are leaving the site im sure you have your reasons and a lot of people will miss your wealth of knowledge, especially me who is now panicking about my set aside

If you could help with the forms it would really be appreciated if not thank you for your help so far

 

Could anybody else help with this please as i only have a few days left

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If i dont fill in these forms for a set aside what could happen next? i.e will i receive court papers saying i am bankrupt or will i receive a court summons

 

What are my options with this? the way i see it

 

fill in the forms and hope to get a set aside

wait for the cca to arrive which i think is a cut and past ( whats your opinion of it?)and hope they wait for it to arrive before they proceed as well

make them a F&F offer - How much do you think they would accept?

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There is still time as postggi indicated.Can you just confirm the date on the SD,and also the date you sent your CC request ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Firstly Thomas.....can you possibly start a new thread outlining your situation please ?

 

As for your defence annoyed again, then I suggest you have a look through this and edit it as required, make sure you fill out the documents correctly, and you will need to get them sworn in at your local court (bearing in mind that not all courts handle bankruptcies and insolvency) Make sure the court named on the stat demand is indeed your local one, and check that the court named also handle bankruptcies - you can check on this page - (scroll down once you arrive there) - http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Also do you still have a copy of the old demand they sent you ? if so then you might also like to show the judge this as it is a complete and utter abuse of the insolvency service....!!

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Have a look at this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?263089-CapQuest-Letter-Statutory-demand-under-insolvency-act-***-WON-*** you will need to edit it though to suit your own circumstances....

 

If you still have the old stat demands then let me know and I can incorporate some additional stuff in your defence...

 

As for the 3 phone calls which failed to get any kind of response then you might also like to quote this. (although this could be up to a judge to decide whether this is valid)

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986 - the defendant has attempted on 3 occasions to contact the person named on the demand but has been refused access to communicate with the person - I believe that the named person does not exist and that this is an abuse of the process.

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I would also URGE you to report their sending you statutory demands to the Office Of Fair Trading...another debt collection agency did this and received a warning from the OFT. Effectively ALL debt collection agencies MUST comply by other warnings, Capquest have completely failed to comply with this - you can read it here - http://www.oft.gov.uk/news-and-updates/press/2009/20-09 . They are also effectively in breach of CPUTR2008 too....you might also like to copy the OFT piece and show it to the judge !!!

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If you also want to quote from CPUTR then you can but it takes a bit of reading and understanding....

 

Basically Capquest are members of the CSA - (Credit Services Association) which means they have to abide by the CSA code of conduct....

 

In their code of conduct it clearly states...

 

Section 1 - General Conduct

 

c) Comply with this Code of Practice and

follow any guidance notes issued by the

Board of the Association.

d) Comply with Debt Collection Guidance as

Published by the Office of Fair Trading

from time to time.

 

CPUTR2008 clearly states -

Prohibition of the promotion of unfair commercial practices

 

4. The promotion of any unfair commercial practice by a code owner in a code of conduct is prohibited.

Regulation 4 -

 

If you stack the decision on 1st Credit against what Capquest are doing then it means they have broken their code of conduct which the CSA have laid out above by not complying with the OFT decisions taken against 1st Credit......(are you with me still ??) lol....

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You can also add to your defence.

 

The defendant also received a statutory demand in the post in/on (date/year) The alleged creditor has not 'served' anything on me, but simply posted multiple demands by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

I refer to:

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

 

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What would happen now if i did not reply to the SD?

 

I mean to me the CCA (see first post) looks like a cut and paste with it having different addresses so capquest cannot come up with and enforceable cca so how can they take it any further?

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My account with MBNA was in dispute due to the doubts i have over the CCA , if i cant trust them to produce a cca without resorting to doctoring one how could i trust anything they put in statements?

I have now CCA'ed capquest and im sure they will come up with nothing or another photocopy of mbna's attempts so the account will also be in dispute with them, should i use that on my defence?

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If you didn't reply to the demand then they could attempt personal service on you....

 

which will get them into trouble also- since they are supposed to do this (including serving you at your place of work if they are aware of it) BEFORE they resort to service by post!

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  • 2 months later...

Hi ..Had an SD Sent in 2nd class post today from Capquest!! already its invalid due tho the way it was sent..The account is in dispute and has been for a yr..They hav no agreement with my sig on ..and hav come up with a new account number Ive never had!!!! they can go forth and multiply!! If they wanna make me bankrupted! then let them waste their money ! I hav nothing to offer ;)

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