Have just received statutory demand from Cap Quest, could someone please help?

[Seasider1956]

Hi all,

 

Have just received a stat demand from cap quest regarding a debt they bought from Aqua for a credit card debt.

 

The origanal default notice from Aqua was faulty as they did not allow enough time to remedy.

 

This demand gives me 18 days to applt to the court to have set aside, but no court adress is given? that bit has been left blank!!!!!!!

 

I will try and post up the documents.

 

Regards and thanks Seasider1956

 

 

 

 

 

[cerberusalert]

Call Barry Davies 3 times on different days. Ask for him personally but do not give details other than your name. No one's ever spoken to him to my knowledge on here. The named person on the SD MUST be available and not being able to contact him is breaching the insolvency service rules. Take note of time and date.

[Seasider1956]

Thank you for the reply, I will do that tomorrow.

 

But are they allowed to leave the Court adress blank, how would I apply to have it set aside if I do not know what court to apply to?

 

Would I be better of just to let them make me bankrupt, as I have no assets and you cannot get blood out of a stone.

 

 

Regards Seasider1956.

[Seasider1956]

Here is the default notice.

 

Regards Seasider1956

 

 

[nicklea]

Thank you for the reply, I will do that tomorrow.

 

But are they allowed to leave the Court adress blank, how would I apply to have it set aside if I do not know what court to apply to?

 

Not all courts can deal with bankruptcy matters. Bankruptcy petitions can be presented at the High Court in London, or in a county court that deals with bankruptcy matters. Generally, you should take your application to set aside a SD to the court that deals with the area where you live.

If you are not sure which court to go to, you should telephone your nearest county court for advice.

 

The Court Service website at www.courtservice.gov.uk has a list of county courts with bankruptcy jurisdiction, and an index of county courts which will show you the geographical jurisdiction of each.

Edited April 1, 2011 by nicklea

[cerberusalert]

Moved to the Legal forum.

[The Mould]

Good morning Seasider

 

When was the debt assigned? Did you receive a Notice of Assignment? What were the circumstances leading up to the issue of the Default Notice, were you in dispute or what happened in your personal life that caused you to fall into arrears on the account?

 

Kind Regards

 

The Mould

[Seasider1956]

Hello the Mould

 

The debt was assigned in December 2010

 

I wrote to Aqua on 24th February 2009 stating that I could no longer keep up the repayments, I also sent them proof of my Incapacity benefit, War pension etc. I also offered to pay £10 per month.

 

But they deemed fit to ignore all this and have hounded us since.

 

We have had letters from loads of different DCC over the past two years.

 

The above default notice was looked at by someone on here and I was told it was defective, as they had not given me enough time to remedy.

 

In light of the defective notice I was informed on here that I only owed the arrears.

 

The debt firms have been as follows,

 

Moorcroft

 

1st Credit

Then Cap Quest who bought the debt from Aqua on 1st December 2010.

 

Does the defective default notice not mean anything, or should I just let them bankrupt me, as I cannot ever pay off this Debt.

 

Regards Seasider1956.

Edited April 1, 2011 by Seasider1956
Addition

[Seasider1956]

Sorry I forgot to add, that this Statutory demand came in the post on normal mail, so how would they know when I received it?

 

I thought it had to be handed to you in person!!!!

 

Or am I wrong.

[Seasider1956]

Could someone help me with the question above regarding leaving the Court address of the Stat demand.

 

Are they allowed to do this.

[The Mould]

Hello the Mould

 

The debt was assigned in December 2010

 

I wrote to Aqua on 24th February 2009 stating that I could no longer keep up the repayments, I also sent them proof of my Incapacity benefit, War pension etc. I also offered to pay £10 per month.

 

But they deemed fit to ignore all this and have hounded us since.

 

We have had letters from loads of different DCC over the past two years.

 

The above default notice was looked at by someone on here and I was told it was defective, as they had not given me enough time to remedy.

 

In light of the defective notice I was informed on here that I only owed the arrears.

 

The debt firms have been as follows,

 

Moorcroft

 

1st Credit

Then Cap Quest who bought the debt from Aqua on 1st December 2010.

 

Does the defective default notice not mean anything, or should I just let them bankrupt me, as I cannot ever pay off this Debt.

 

Regards Seasider1956.

 

Hello again Seasider

 

We shall fight them on the beaches (if we have to) dear fellow.

 

What happend between the 24 February 2009 and the serving of said Default Notice? i.e; Did you continue to communicate (with the enemy) in respect of your financial difficulties, but to no avail as they disregarded your genuine change in circumstances?

 

How much is the claim for?

 

Did you recieve the Notice of Assignment (NOA)?

 

Said Default Notice [is] invalid, what about the amount of arrears stated therein, is the figure correct?

 

Come back, Roger - over.

 

Kind Regards

 

The Mould

[nicklea]

Could someone help me with the question above regarding leaving the Court address of the Stat demand.

 

Are they allowed to do this.

 

Seasider,

 

Did you read my previous post? What you need to do is call your local county court and find out from them which is the nearest court to you that deals with bankruptcy. Either that or go online and check the link I gave you.

 

It is common for creditors to leave out the name of the court ass they may well not know which court you would apply to.

[Seasider1956]

Hello mould.

 

On 10th march they contacted me with a slip in an envelope asking me to send proof of income which I did and sent recorded.

 

Only replies I received were letters asking for payment, so wrote asking them to freeze interest, but got no reply.

 

Received maybe fifteen phone calls a day.

 

Sent telephone harassment letters.

 

Sent CCA request on 19th March 2009.

 

More threatening calls, but no mention of my payment offer.

 

Default notice on 22nd June 2009.

 

Loads of Moorcroft letters.

 

Letter saying account closed on 8th October 2009.

 

Then another on the 9th October 2009.

 

Letter from Cap Quest stating they had bought debt from Aqua 6th December 2010.

 

Week later letter from Bank of Scotland/Aqua undated notice of assignment.

 

Loads of demand letters since from Cap Quest.

 

The claim is for £3547.48 which includes interest added of £103.32 since assignment.

 

 

Regards Seasider1956.

[Seasider1956]

Hi Nicklea

 

Thanks for the reply, but I am going to sit this out at the moment and if they make me bankrupt so be it.

 

I am skint so they will still get nowt, and my credit file is trashed anyway.

 

I was thinking of making myself bankrupt, but almost had another heart attack when i found out how much it would cost.

 

So I might as well let Cap quest pay for it.

 

Most people I have spoken to who have gone down this route, seem to eventually come up smelling of roses anyway.

 

Take care Seasider1956.

[nicklea]

Fair enough.

 

To be honest, the last thing that creditors want to do is to make you bankrupt. It is very unlikely they will get any money unless you own your home and there is a lot of equity.

 

If you do not own your own home or there is little or no equity then you have nothing to worry about.

 

Bankruptcy now only lasts for 12 months so, depending on your cirumstances, you may well be better off if they do attempt to make you bankrupt.

 

Other people have had SDs delivered personally and then had bankruptcy petitions delivered. I would suggest that the fact that they have sent this by oridanry post is just a scare tactic and it is unlikely that they will take it further. If your position is that you wouldn't mind that they take it further then I would agree with you that the best thing is to sit back and see what happens.

 

People can only give advice based on what you tell us. If you had said in the first post that you were considering bankruptcy anyway then I am sure that the advice would have been not to worry about this SD. But everybody's situation is different and you cannot assume anything about what somebody wants to do.

[Seasider1956]

Fair enough.

 

To be honest, the last thing that creditors want to do is to make you bankrupt. It is very unlikely they will get any money unless you own your home and there is a lot of equity.

 

If you do not own your own home or there is little or no equity then you have nothing to worry about.

 

Bankruptcy now only lasts for 12 months so, depending on your cirumstances, you may well be better off if they do attempt to make you bankrupt.

 

Other people have had SDs delivered personally and then had bankruptcy petitions delivered. I would suggest that the fact that they have sent this by oridanry post is just a scare tactic and it is unlikely that they will take it further. If your position is that you wouldn't mind that they take it further then I would agree with you that the best thing is to sit back and see what happens.

 

People can only give advice based on what you tell us. If you had said in the first post that you were considering bankruptcy anyway then I am sure that the advice would have been not to worry about this SD. But everybody's situation is different and you cannot assume anything about what somebody wants to do.

 

 

Thank you for the reply nicklea, yes it does seem funny that they have sent this normal post, they will have no idea when and if I ever received it.

[panther12]

The fact they used ordinary post is a good indication they have no intention of going down bankruptcy route and used it to put the willies up you. Because of their failure it is now only deemed served if you inform them that you received it, otherwise they’d have a hard job proving otherwise. Me, if I wanted to fight it I’d only bother down the set-aside route if a SD was properly served, otherwise ignore and treat it with the contempt it deserves.

[nicklea]

In my case I had a SD sent by recorded delivery so I knew they were serious and they also turned up to oppose my application to get it set aside.

[Seasider1956]

Thanks for the replies, much appreciated.

[The Mould]

Good evening Seasider

 

Well, if you have nothing to lose (not own your home or anything substantial of the like), then yes indeed, sit back and relax, in any event said Default Notice (DN) is invalid on the 14 day issue, what about the arrears figure stated on said DN? Is the sum amount stated accurate?

 

By the way, Charlotte Gurnell is also the Senior Operations Manager for Sainsbury's Retail Bank Collections, which is also based in Halifax, Trinity Road to be precise, so who owns Aqua? Sainsbury's, Halifax, HBOS or Lloyds Banking Group? Anyone's guess.

 

Kind regards

 

The Mould

[Seasider1956]

Thank you Mould.

 

Regards Seasider1956.