Capquest Statutory Demand help

[paulamarie76]

Hello, apologies if this is covered somewhere else in the forum, I have been reading as much as I can but im getting bogged down in the right order to do things.

My husband has received a statutory demand for a £1436 debt to an aqua credit card. I have just spoken to him and asked him when was the last time he either made a payment or acknowledged the debt and he says about 2005 maybe a touch earlier, which makes it 6 years old. So should I send them firstly the statute barred letter or the request for the original agreement forms. Im not sure what the right course of action is, we are going to go to the local court and do the "set aside because its barred" thing but not sure which way to proceed with contacting Capquest.

 

Please could someone with better knowledge than me help me out.

many thanks for your time and im sure your sick of repeating yourself

 

Paula

[MARTIN3030]

Any chance you can post up whats been sent.

Whats the background as regards previous communications prior to this ?

[dx100uk]

yea like where is the ccj fhey need first?

 

dx

[harrassed senior]

I don't think they need a CCJ to issue a Statutory Demand do they?

 

First thing to remember above all else is that you have 18 days to Act, keep that in mind above all else.

 

If you/your husband are absolutely sure that no payments/acknowledgements have been made for a clear period of 6 years then yes, Statute Barred.

 

There are 2 major lines of thought here, get the SB set aside on the grounds of it being SB - have you checked your credit files?

 

or, simply ignore, before finding CAG I did just that to a Crappy SD and never heard any further from them in over 2 years.

 

Come back with the requested info and there will be loads of advice to help you through.

[paulamarie76]

hello, many thanks for your time, My husband said he has not been in contact with capquest or aqua credit card since about 2005 maybe a touch earlier.

I do think he has had letters threatening baliffs and offering reduced payments etc, but he has ignored them all (not the best course of action I know)

 

I have scanned the letter but I cant get it to upload on here, it keeps saying failed.

 

The letter says Statutory Demand under section 268(1)(a) of the insolvency act 1986.

Debt for liquidation sum payable immediatley and it says "form 6.1" at the top dont know if thats any help.

 

It then has a warning saying its an important document and we have 18 days to set aside or 21 days to deal with this demand.

 

It has an electronic signature of Barry Davies on it and has Capquests address as the creditor.

 

The next page says the debt related to an unpaid balance on an aqua credit card, the agreement terminated upon the failure of my husband to comply with the terms of the agreement and/or a statutory notice of default served by aqua credit card.

 

The rights and duties of aqua credit card passed to the creditor pursuant to an assignment dated 26 jul10. The total amount due at the date of this demand is £1435.72 which includes interest of £81.24 which has accrued since the assignment of the debt.

 

It then has PART A.

which says about the appropriate court for setting aside the demand.

Rule 6.4 (2) of the insolvance rules 1985 states that the appropriate court if the court to which you would have to present your own bankruptcy petition in accordnance with rule 6.40 (1) and 6.40 (2). In accordance with those rules on present information the appropriate court is NOW THIS BIT IS BLANK AND IT DOESNT MENTION A COURT NAME.

any application by you to set aside this demand should be made to that court.

 

Then PART B

details about Barry Davies and capquests address and phone number

 

Then PART C

Original creditor AQUA CREDIT CARD

Assignees Capquest Limited

date of assignment 26 Jul 10

 

Then the last page says how to complet with a statutory demand or have it set aside (act within 18 days)

 

Is this enough info, sorry I couldnt get the scanned copy to work.

 

thanks again

Paula

 

 

thanks again for any help

[dx100uk]

on yea i got my alphabet wrong..its an CO they cant get before a CCJ

 

dx

 

dx

[dx100uk]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[harrassed senior]

Usual stuff then.

 

Still not sure which route the more knowledgable caggers' would recomend, my own inclination would be to get off - today - a Statute Barred letter and see if they have any information which they will use to prove otherwise, you could give them 7 days, others may dissagree and have other info to offer, so hang fire for a while though.

[Gerald Gardner]

i have had two sd's from this filth, both were for sb debts, i did what harrassed senior did and ignored them.how was it served? and take a good look and see where is says particulars of debt,the rights ans duites of xxx passed to creditors pursuant to an assignment dated mine they conveniently left the date off, this is the give away if they have not put a date in, you have to becareful not to open a can of worms.

[paulamarie76]

it was sent by 1st class post and the dates of assignment says 26 jul 10.

 

they didnt mention a court name??? should they have done this.

[Gerald Gardner]

Have you had threatograms from this filth regarding this debt or is this sd the first?

have you ever had a debt assignment for this.where are they getting jul 10 from then?

[paulamarie76]

yes we have had threats but my husband has ignored them, im not sure what a debt assignment is to be honest and not sure where this date has come from either.

[MARTIN3030]

An assignment is the legal process of selling the account so the new owner would have rights to all title.

Capquest have shown continually as can be seen in these forums,their blatant disregards to consumer regs and codes of practice.

Its time that the OFT did something about these.

[MARTIN3030]

As evidence of CapQuest’s commitment to best practices, we have achieved several industry-recognised quality standards. CapQuest’s quality standard benchmarks include:

• Consumer Credit Licence
  
• Member of the Credit Services Association
  
• Charter Member of the CSA’s Debt Buyers and Sellers Group
  
• Financial Services Authority authorisations to administer regulated mortgages and assist in the administration of insurance.
  
• Quality Certificate (ISO9001: 2000
  
• Registered Data Controller under the Data Protection Act 1998
  
• Registered Data User with the Data Protection Office
  
• Member of CAIS (Experian), Insight (Equifax) and Share (Call Credit)
  
• Federation Against Software Theft (‘FAST’)—Gold Level.
  

CapQuest applies practices and procedures consistent with the ISO17799 quality standard for the management of data and IT security.

 

 

Its also about time they were taken to task for failing to uphold CSA and DBSG codes of practice

[Gerald Gardner]

Martin sums up this filth Paula, i was 100% certain that my 2 debts were sb and as such decided that i was going to ignore the sd's, i know that some will say that it is no a good idea to do so but i did not want to get into any dialogue with them and as i had ignored them and such like for 8 years i felt that was the best way to carry on as i did not want them to some way try to get the clock running again knowing how this lot are.

10. Does a statutory demand expire?

There is no expiry period for a statutory

demand. However, under the Limitation Act

1980, a debt must not be more than 6 years

old or based on a default judgment more

than 6 years old. This period can start to run

again from any date the debtor agrees the

debt exists and may be extended more than

once

 

They never employ a process server for service which shows they are just trying to flush you out, they would have to prove service if they moved to present a bankruptcy pettion.

have a read through these.

 

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[paulamarie76]

thanks for all the help so far, but we have some more info.

 

I told my husband to get his credit file from experien so we could be sure of the dates and he has completely mixed up this one with another debt (another story) The date on the file that it says it defaulted was 24 April 2009 so this is not an old debt as we thought.

 

Are we basically screwed, should he try and offer to pay it in installments or is there anything we can do at this stage, can we send them the letter asking for proof they own the debt, im just not sure what to do now.

 

Im so sorry for messing you around, we should have got the credit file first.

Paula

[paulamarie76]

thanks for everyones help so far but could anyone advise how to proceed next please.

[harrassed senior]

OK, back to the beginning, do you recognise this debt, how old is it (when was it taken out): what is a rounded up approx, figure of the amount outstanding. Much of what has been said above is still valid.

 

What is the date you have to comply by, ie, 18 days from 'alleged' receipt. Being lazy and not reading back, how was this delivered? As long as it was 'normal' unsigned for royal mail, then of course there is no proof you even received it!

[paulamarie76]

Yes the debt is recognised as its on the credit file we got from Experian

was started 23 Jan 2008

it defaulted april 2009

the demand was delivered by 1st class post

Amount £1435.72

 

many thanks

Paula

[paulamarie76]

sorry the demand arrived yesterday so we have 18 days from 26th Feb (15th March)

[paulamarie76]

OK this has been playing on my mind and its now 1.19am and I cant flipping sleep worrying about it.

The dates ive given a few posts above from the Experian report say the debt is Capquest, it doesnt mention Aqua Credit Card who the original debt was with, so when it says the "date started" is this when the debt started with Aqua or with Capquest as this could be why hubby got messed up with the dates. We dont think its statute barred but just dont know how to proceed with it.

[dx100uk]

ok lets cross 'i's and dot 't's here for you...........

 

the dca will show as the named creditor now as they have obv broughtthe debt.

 

now , in a way, forget the defaulted date

that means nowt.

 

when was you hubby's last financial transaction In/OUT?

 

that will be from when the SB will start ticking.

 

if you dont know

 

then its time for an sar to the OC not capquest.

 

if you honestly DON'T know what the hell this debt is or have doubts

then CCA capquest.

 

dx

[dx100uk]

i'll give you a 2nd little tip

 

barry davies DOES NOT EXIST

 

so hence the SD is NULL AND VOID

 

what i would suggest you do is use our advanced search top right

 

type in barry davies

and do some reading!

 

dx

[42man]

OK...firstly try and relax as best as you can. It would of course be good to know when you last made a payment towards this alleged debt. But I would advise firstly to apply to set this aside. The fact they have not put your nearest court name on the documents would consititue an abuse of process. Take a look here and you will find out about the process, what to do and other successful cases. But if you aren't sure then please do ask... - http://www.consumeractiongroup.co.uk/forum/showthread.php?287987-help-with-a-statutory-demand&p=3237562#post3237562 you will also find lots of other threads in here too - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[42man]

I would suggest that you send off for a copy of your agreement in the first instance....then compile a defence