Capquest- Statutory Demand - Aqua

[jaybee24uk]

Making my own thread on this subject.

 

Received over the weekend and SD signed by Barry Davies. £1300 Aqua credit card from around 3 years ago.

 

Now taking the steps to set aside, it's a little confusing so taking my morning to digest the tons of information here on the forums!

 

Any additional advice will be welcome 8)

[cerberusalert]

'Phone and ask for the mysterious Barry Davies on three separate occasions, give your name to whoever answers but no other details. Keep a log of the date and time.

 

 

 

I'm not aware of anyone getting through to him.

 

Have a read of; http://www.consumeractiongroup.co.uk/forum/entry.php?282-Debt-Collection-Agencies-amp-Statutory-Demands-A-Few-Strategies

[jaybee24uk]

The letter is dated 28th March, I only got it on Saturday 2nd April. There is no date stamp on the envelope. So that has cut short my 18 days already!!

I don't own a house, car, nor have any savings.

I don't understand them bankrupting me would be any benefit to them. It would be for me as I could start a clean sheet.

[cerberusalert]

I don't understand them bankrupting me would be any benefit to them. It would be for me as I could start a clean sheet.

99.9% of these SDs, particularly from good old Barry are hot air, they are trying to intimidate people into paying. The problem is it's an abuse of process and they have been warned about it in the past but they still continue.

[jaybee24uk]

Just called to speak to Barry Davies, the operator was happy to speak about payment, but was unable let me speak to Mr Davies. There is one for the log.

[jaybee24uk]

It all seems really Scary to deal with the courts. I think my time is too short to do anything auto it now.

 

I do want to pay my debts, but not to some team of cowboys who have only bought it for a fraction of the cost! I'm tempted to go down a DMP, but again the debt managers are just as unregulated!

[cerberusalert]

Have a look at CCCS where there are no fees involved http://www.cccs.co.uk/?gclid=CMe67u7PgqgCFchO4Qodth8Qrg

[jaybee24uk]

Called them again today, they said if I can pay it in 6 months no action will be taken. Something mad like £300 a month.

 

Still no Barry Davies today.

 

Am I right in saying if I write to them with a monthly repayment offer, they have to accept it? I'm thinking of paying it off within 3 years. On a 5 year plan to repair my credit.

[cerberusalert]

Have you sent Cap a CCA request yet? If not do so & see what turns up.

[theratboy]

Isn't that sd incorrectly served if it is only delivered in the normal mail, i thought it had to be personally served, as the threatened to do to me after i ignored an sd from them. Still waiting for one to be served correctly on my stat barred alleged debt.

[cerberusalert]

Isn't that sd incorrectly served if it is only delivered in the normal mail,

Yes and no... they can but they would need to swear an affidavit as to when, by whome, why it hasn't been served personally etc.

[jellybabe]

'Phone and ask for the mysterious Barry Davies on three separate occasions, give your name to whoever answers but no other details. Keep a log of the date and time.

 

 

 

I'm not aware of anyone getting through to him.

 

 

i had been advised teh same, done it...and surprise surprise, never got through to him

[jaybee24uk]

Asked for a CCA.

 

Got a letter today saying my account is on hold while they obtain the relevant details.

 

Does this mean the SD is on hold?

[cerberusalert]

Does this mean the SD is on hold?

Always assume that the SD is going ahead & it will prevent them obtaining one by the back door.

[jaybee24uk]

So what do I do in the meantime?

 

Tell the courts I am awaiting on documents?

[jellybabe]

when i was in that position i got told on here it's better to just carry on with what you have to do regarding the set aside..(Capquest had told me that the account is on hold for 28 days i think it was), to prevent any nasty surpises from them.

[postggj]

i see barry davies (ghost) is up to his old tricks again

[cerberusalert]

Moved to Legal Forum.

[DonkeyB]

jaybee, any update on this? Did you ge the SD set aside?

[nometer]

Subbing

[puzz1ed1]

All V helpful info as ever

 

Rec'd SD from Mr Davies this morning regarding an old and long-disputed Abbey account. Abbey tried CCJ before but Judge struck out for non-attendance. CCA and DPA requests both ignored by CrapQuest too, and alleged debt now statute barred also!

 

Anyway, feeling unusually generous I tried to call Mt Davies this morning to point out the error of his ways and give him a chance to withdraw his unlawful threats etc. Apparently the number on the letter is wrong - have to call the Fleet office on 0844 248 7981. Having done so was initially told he isn't a call centre operative, then he was mysteriously out of the office. Been promised a call back though - on an 0872 number with call recording of course - I even offered to delay my own legal action by 24 hours to give him a chance to get in touch.

 

Will have a stab at the set aside process now!

[postggj]

how was the sd served

 

post or personal service

[silverfox1961]

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 aside 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 collection 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