Crapquest "Statutory demand"...?

[alvaro76]

Hi there everyone,

 

I wonder if anybody has come across a letter sent by "Capquest" threatening to take me into bankrupcy cause of a credit card...

 

During mid march 2011, they sent me a letter threatening me to take me to court (CCJ, basically) and I replied that I had not received the "notice of asignement" that they are suppossed to provide me with. Therefore they do not have the right to collect the debt in the first place.

 

Moving on, I received - then- a letter (I can't attach sorry as I only got 4 posts) without any mention of my previous letter (which I know they received as I had it recorded delivery).

 

Is this letter just Bluff or do they seem to be serious about it in general? My perception in general is that DCA - being a third party- have no rights whatsoever to deal with me... (perhaps that's another thread all together...

 

 

anyway their latest letter goes like this..

 

"Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid.

 

Our investigations into your current financial position are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the insolvency act 1986.

 

It is our intention to issue the statutory demand (form 6.1) on or around xx April 11 where it will be personally served upon you.

 

Once served, the agent will swear an affidavit to the effect that service of the demand has been successful. This is necessary as when a Bankruptcy petition is to be presented based on a statutory demand, then an affidavit verifying service must be filed with the petition for Bankruptcy.

 

If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand as set out in the appropriate notes that will be appended to the demand, you could be made Bankrupt and your property and goods taken away from you.

 

Any application to set aside the demand (Form 6.4 in schedule 4 to the insolvency rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

 

Remember: from the date of service of the statutory demand

a) You have only 18 days to apply to the court to have the demand set aside and

b) You have only 21 days before we may present a bankruptcy petition

 

You can stop this by contacting us now on 0870 084 2565

 

As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of xxx. This is subject to you acceptin gthe offer by xx Apr 11. This settlement can be over a period of that can be negotiated around your current circumstances. Alternative proposals will also be considered."

 

 

 

 

 

 

Any ideas?

 

Much appreciated!

[42man]

Well if you have read around these forums you will know a huge amount about this company....I suggest you send off a CCA request ASAP, before they send the stat demand. (you will find the letter template in my signature). Also how old is the debt may I ask ? when was roughly the last time you made a payment to them ?

[alvaro76]

Hi there, thanks for your help. It 's been over 2 years I have not made a payment. I had the card for the last 5 years.

Thanks!

[42man]

Send off the CCA request (recorded delivery ASAP). I would also suggest sending one to the original creditor too. As well as a SAR to the original creditor.....

[alvaro76]

do I send it to the original creditor even if they terminated the contract? Also am I doing that to give the DCA the 12 days they need to provide the documents and if they don't, I can set it apart?? thanks

[jellybabe]

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[dx100uk]

cca to who is chasing you

 

yet another crapquest 'spoof' letter

 

dx

[alvaro76]

Hi there,

 

Thanks for the advice

 

I have received today (dated the SAME day that the SD letter) a letter from Crapquest complaints department that says something along the lines of:

 

"Thank you for your correspondence and we can confirm this account is now on hold.

An investigation into your complaint will be carried out in line with our in-house procedure and as soon as we have results of our findings, we will be in contact with you.

 

In the meantime, please find attached our complaints handling leaflet for your information.

Yours sincerely"

 

- I pressume this in in relation to a letter I sent them at the end of last month asking them to provide me with the "notice of assignment"

 

Am I right to think that this letter invalidates (or if the SD goes ahead, I could use it as a means to set it apart) the previous SD letter, dated the same day??

 

A bit confused now. Do i still send the the CCA request then or should I hold on...?

 

Many thanks!

 

 

QUOTE=dx100uk;3362435]cca to who is chasing you

 

yet another crapquest 'spoof' letter

 

dx